motion shall apply to all the other suggestions from the committee and the bills which they have prepared, so that the matter may all be in print. I make the motion to include them all as I understand them to come from the other members of the committee to the entire matter, verbal and written, as submitted by the Chairman of the committee.

Mr. F. D. Peabody: I wish to exclude from that motion the reference to the execution of deeds outside of the State of Georgia. It is proposed by some gentleman that we take action on that now.

The President pro tem.: I will put the question on his motion as originally made. It is that upon the bill offered by, Mr. Miller himself, and which has been read by the Chairman of the committee, no action be taken during the present session of the Association, but that it be referred to the next meeting and be made the special order of the first day of the next meeting of the Association.

Carried.

The President pro tem.: The chair will submit any further motion in reference to the report.

Mr. F. D. Peabody: Mr. Chairman, the idea was suggested that all of these suggestions made by the Chairman of this committee take this same direction, but it ap pears to me, and some of the other gentlemen sitting near me that there can be certainly no objection to the most excellent amendment suggested by this committee to the section of the Code providing for the execution of deeds outside of the State. I therefore move that the bill, as prepared by the Chairman of that committee, be offered as a substitute for the bill proposed by the Chairman of that committee of last year, and that this Association do recommend that that bill, as prepared be passed by the next Legislature. The Secretary is to furnish a copy to some gentlemen of the Legislature for the purpose of introducing it.

The President pro tem.: Gentlemen, it is moved that the bill proposed by the Committee on Jurisprudence and Law Reform, proposing an amendment to the law with reference to the attestation of conveyances be accepted by this body in lieu, or as a substitute proposed at the last

meeting of the Association, and that this Association recommend the substitute proposed by the committee which has been read.

Carried.

Mr. Gilbert: The Chairman of the Judiciary Committee of the present House is in the body, and I move that this Associatien request him to introduce the bill-the Honorable Warner Hill of Greeneville.

Carried.

Mr. F. D. Peabody: Before the regular President (Mr. Miller) takes his seat I have a motion that concerns him. I move that the recommendation of the President's address on yesterday in reference to the teaching of elementary principles be referred to the Committee on Jurisprudence and Law Reform, with request to report at the next meeting.

Carried.

President Miller here resumes the chair.

Mr. Erwin: Mr. President. I think, if I am correct in my recollection, that in the motions put unintentionally, that the bill offered by Mr. Mercer in reference to amendments has been lost sight of, and no disposition has been made of it. The motion was put on the bill drafted by yourself, and then afterwards the bill drafted by Mr. Mercer was lost sight of. I think we should take some action upon that, as that is very important. I propose then that that take the same direction as the bill drafted by yourself to be considered at the next meeting, and be printed in the journal for consideration.

The President: I understood that that was the action. with reference to the bill, that it went over.

A voice: No, sir; it was changed.

Mr. Erwin: I make a separate motion with reference to that bill. I move that that be printed in the journal as recommended in the case of the bill offered by yourself, and that it be taken up on the first day of the next annual meeting immediately after the other bill. I refer to the bill in reference to the amendment of pleadings.

Carried.

Mr. Garrard Mr. President, I dislike at this time to take up the time of the Association, but the matters contained in the bill written by yourself in regard to proceedings against corporations are of such important character, that I think that any suggestion that might be made in connection therewith, to be considered by the members of this Association, would be proper at this time. I think that a bill such as your Honor has written would perhaps appear at first blush to be such a radical reform that it would be very hard to get a Georgia Legislature to take hold of it, but I think the idea of the bill can be reached in another and a very simple way. I make this suggestion : section 1485 of the Code, which states for what a bank charter may be forfeited, reads as follows:

Bank charters are subject to forfeiture for the same general grounds as those of other corporations, and also,

1. For the violation of any of the provisions of their charters.

2. For the violation of any obligation imposed by law, unless contrary to the contracts of their charters.

3. Whenever it is demanded by special enactment.

Now the general principles applicable to corporations are the grounds as exist at common law, that is for a misuser of their franchises, and also for non-user of their franchises.

If these five grounds which now apply to a bank were made to apply to all corporations, you would then have the machinery all in the Code, and it would not be considered an innovation; but no corporation could stand and say it was a hardship to be placed on the same footing that a bank was placed on. Now, section 1486 is as follows:

When the Governor is informed that a bank incurs the penalty of a forfeiture, he shall cause the Attorney-General to institute proceedings therefor in the county where the bank or parent bank is located, and in his discretion may employ assistant counsel to aid therein, and pay him out of any money not otherwise appropriated.

Now, I suppose the words," a bank," are stricken out of that section, and you make it read as follows:

When the Governor is informed that a corporation incurs the penalty of a forfeiture he shall cause the Attorney-General, etc.

Now, I suggest for consideration (and it is perhaps an immature thought, that if this section is considered and the proposition was made to the Legislature to make this section, 1486, apply to all corporations, that we would

have a proposition to submit to the Legislature that would be very apt to be adopted, and then we would have something that we could amend in the future as it was needed. I believe that that would be all that is needed. I believe that if the remedy of forfeiture was provided and held up before the corporations of the State, there would never be an occasion to forfeit them. I believe that every corporation could be reached under these five principles laid down in the Code.

Now, the great trouble that has always been in the way, is that there have been no proceedings under the Code providing for the forfeiture of the charter of a corporation. I may be mistaken in my view of it, but the writ of quo warranto, I believe, itself, is limited by the Code, and you would have to go to the common law for a proceeding in the nature of a quo warranto to forfeit it. But under this section of the Code it would not be necessary to have a special act of the Legislature. I simply submit these views, and request that these sections, 1485, 1486, and section 1685 of the Code be considered in connection with the bill that you have drawn.

The President: That is entirely acceptable to the chair, if you make that motion.

Mr. Garrard: I make that motion.

Carried.

The President: The next thing in the order of the day is Judicial Salaries, by Washington Dessau, Esq.

Mr. Chappell: I have a letter from Mr. Dessau, received yesterday, in which he said he was unavoidably detained. He expected to attend up to a late hour, but his business is such that he is unable to respond.

The President: The next in order is the report of the Committee on Legal Education and Admission to the Bar, Joel A. Billups, Chairman. I am informed by the Secretary that there is no report prepared by that committee. The next is the report of the Committee on Interstate Law, Judge M. M. Blandford, Chairman. I am informed by the Secretary that there is no report filed by that committee. The seventh item is the report of the Committee on Grievances, Judge William M. Reese, Chairman. The chair understands that Judge Reese is

absent on account of sickness. The next thing in order is general business.

Mr. Akin: I move the adoption of the following:

Resolved, That Chief Justice Bleckley and the Associate Justices, Simmons and Lumpkin, be, and they are, hereby appointed delegates from this Association to the next annual meeting of the American Bar Association.

It would be indelicate in the presence of these gentlemen for me to say more than that this appointment is a compliment merited by the consideration which these judges have shown to this Association in adjourning, during its session, our highest judicial tribunal, and in giving to this Association the pleasure of their presence.

The President: The chair will take the liberty in himself of seconding the motion, but you should add that notification of that fact be immediately transmitted to the Secretary of the American Bar Association.

Mr. Akin: I accept that amendment.

Mr. F. D. Peabody: I would offer this amendment, that, in the event these gentlemen cannot attend, to signify that fact to the President, and that he have the power to appoint some one who can attend.

The President: He has that power already.

The motion of Mr. Akin was then put and carried.

Mr. Erwin I desire to offer a resolution that Judge Porter Ingram and Beverly A. Thornton be invited to be present at the banquet this evening, as guests of the Association. They are old veterans of the bar, and they have not joined the Association, as I understand, on account of age, not being able to travel around over the State.

Mr. Erwin: I desire to amend my own motion by adding the names of Judge Willis and Judge Martin.

Mr. Erwin's motion, as amended by himself, was then carried.

Mr. C. C. Jones: Mr. President, in behalf of the visiting members of this Association I desire, if they will sanction my suggestion, to return our sincere thanks to