ought to be cured and we have been of that opinion, at least all honorable, high-minded lawyers, have been of that opinion all along, but we are not getting anywhere. We are not accomplishing anything in that respect and I am very glad that this Association has taken the matter in hand in order to effect something.

Now, it is all right in theory, beautiful in theory to say, that the various members of the bar ought to prosecute members of the profession who are guilty of these things, that is all right in theory, but in practice it hasn't worked out. We know there are members of the bar in almost every county of the State, not altogether the cities, but in nearly every county in the State, who have been guilty of unprofessional conduct, and conduct which would warrant disbarment, and the different members of the bar speak of it that way and say that this brother So and So ought to be disbarred. And while this is perhaps truer in the smaller counties than it is in the cities, yet they say, "However, I don't want to prefer charges against him because people will say he is just trying to get rid of a competitor, or they will think I have some personal animus in the matter." And so far as the bar associations are concerned, there have been efforts made at various times to encourage the formation of bar associations and they are, from time to time, organized, in the various counties of the State and flourish for a few weeks and then die. That has been my observation, as the result of these various bar associations; but even where they are in existence, it is very rare indeed that they take upon themselves to prosecute these unworthy members of the bar. Now, that is not because the great majority of the members condone these practices, it is not because they think these things ought to be permitted, but it is because they are waiting for somebody else to take the matter in hand. It is a case of what is everybody's business is nobody's business and goes unattended. For that reason I think the most salient feature of this resolution offered by Mr. Lellyett is this prosecuting committee, if it might be so termed, appointed by this State Association in order that men who are not local men, against whom it cannot be charged that they have any local or personal interest, and men who feel that they owe a duty to the State and the State Association,

can go into a community, when a case is brought to their attention, and prosecute it.

Now, I will tell you, while it is a lamentable fact, yet it is true, that it is very difficult to get any action from local attorneys and especially in small counties, and consequently it results that about the only time any man is ever cited for disbarment is by the Court. The Court will prefer charges or cite him or appoint some committee and direct it to do so, but courts are disinclined to do that and they don't want to do it except in flagrant cases, because it puts the court in an attitude, in a sense, of being the prosecutor, as well as the trial judge, and no court wants to be placed in that position, and the Supreme Court in a recent decision at Knoxville reversed a case from Chattanooga upon the ground that the Court had preferred the charges and knew of the facts to such an extent that he was compelled to give testimony, and the Court said that under those conditions the Court should not have tried the case.

Now, certainly, it should not be expected of the court to not only act as prosecutor, but to act as trial judge, too. And, as I say, we are not getting action from the various different individual members of the bar and these associations do not flourish, local associations, to such an extent that any real good can be expected from there. And certainly I think either this committee should be appointed and to take up and investigate, in all cases where they thought it proper, should prefer charges against any member of the bar, in their section of the State, or it might be still better-and I simply make this a suggestion— that an act be passed requiring the various district attorneys in the State to investigate all cases where complaint is made to them by members of the bar, or anybody else, and in all proper cases officially prefer charges against any member of the profession who has been guilty of unprofessional conduct, and let it be made the express duty of a paid official and I think in that way we would perhaps be more apt to obtain beneficial results than even from a committee which of course would be acting free gratis. And I think perhaps that would be even better than this, but if we neither have that nor the grievance committee, in my opinion, it will result as it has been resulting in years and years past.

President Keeble:-Now, gentlemen, the time has arrived, or about arrived, when the Committee on Entertainment will have charge. I believe Mr. Bryan's committee has the automobiles ready for a ride. I do not want to cut this discussion short. If the Association is ready to vote now, very well. If any gentleman wants to be heard on it, or if there is a motion to carry this over to some other time, very well. But I don't think we will be able to sit here much longer.

Mr. Carter:-Mr. President, I want to make this suggestion: I can see no possible harm which the adoption of this resolution could bring about to the Association or to the objects of the local members of the Association. They are to be highly commended for the course they are pursuing. The case to which Mr. Lellyett refers in East Tennessee, if I remember correctly, was against the railroad where some dozen or more suits had been brought. They were compromised and a firm of attorneys, under the statute giving an attorney a lien upon his client's cause of action, attempted to enforce it. Judge Wilkes, in a very scathing opinion, criticised the improper conduct of counsel. I am of the opinion, Mr. President, and Gentlemen of the Association, that the law is ample upon the statute books already. And it occurs to me, under the section of the code cited by Mr. Lellyett, that all that is necessary is to bring the matter to the attention of the various courts of the State having jurisdiction, -the circuit or chancery courts. They are not going to practice law. Of course, the members of the bar have a delicacy in bringing these matters to the attention of the court. I take it that any citizen can employ counsel and bring his motion. before the circuit or chancery court under the section of the code cited, and allow the judge to hear the evidence, and I dare say, if that proceeding had been resorted to in the case from East Tennessee, that Mr. Lellyett cited, that the Supreme Court would have unhesitatingly stricken that firm from the rolls and disallowed them to practice law. Every officer, as you all know, every member of the bar is an officer, a sworn officer of the court in which he practices. If his client be a corporation or an individual, and has been treated in the manner indicated by this resolution and the remarks of Mr. Lellyett, it is the duty of that client to complain to his attorney and let his attorney,

through the name of his client, enter his motion under the statute cited and bring it before the court and have a hearing and let the court pass upon it. It occurs to me that the legislation we already have upon the statute books is ample.

Now, I have been a member of this Association for more than twenty years, and I join issue with other members in making any recommendation to the legislature upon this subject, upon the ground that the law we have is ample, and in past years I know the legislatures have looked with disfavor upon recommendations of this Association. For this reason,

Mr. President, I insist that the gentlemen complaining here, the Davidson County Bar Association, simply ought to have their clients to bring motions and cite attorneys before the courts having jurisdiction and have a trial of the case.

Mr. Barthell:-Whenever the Bar of Tennessee has to depend upon somebody else to purge the bar, the bar is going to acknowledge itself in a very poor position. If the bar doesn't purge itself, it will never be purged. The Tennessee State Bar Association is the representative, in so far as the public is concerned, and I believe that it is honestly so, in so far as the profession goes, of the profession in Tennessee. Nothing is truer than what Judge Davis says, that what is everybody's business is nobody's business and will never be attended to. The only reason that Mr. Pitts offers for not wanting a prosecuting committee was, that it might lessen the zeal of the other members of the bar; you can't take something from nothing.

Mr. President, I think that we ought, by acclamation, to adopt the resolution of the committee.

Calls for the question.

President Keeble-If there is no further discussion, all in favor of the adoption of the resolution, as offered by Mr. Lellyett, let it be known by saying aye.

Carried without a dissenting vote.

President Keeble:-Now, I think, gentlemen, that while Judge Bryan says it is only five o'clock, we have reached the conclusion of our program this afternoon. But I want to say one word: We have had with us all this day, this hot, long day, the senior member of the Davidson County Bar, Col. D. F. Wilkin, who informs me today that he has been at the Bar, I

believe, since the first year after the Mexican War closed, or about that time. For myself, I wish to say that I feel greatly complimented and deeply gratified that he has lent his presence to this occasion and I desire to have the privilege of asking him to stand while I present him to the Association.

President Keeble (Presenting Colonel Wilkin to the Association): This is the youngest man in the world. (Continued applause.)

Col. D. F. Wilkin :-I suppose that our worthy President has gone through this program for the purpose of taking the young men in to show who I am.

I think the members of this Bar here really are quite all strangers to me, excepting the few old heads like my brother here (referring to Percy D. Maddin) and myself.

Now, I have sat here and listened to the discussions with a great deal of interest. And the discussion of our friend from Alabama, I have learned much of Jackson, that will last me for fifty years yet.

I am pleased to belong to your Association, I am pleased with what has occurred here. But speaking to this subject: I don't know how many years ago it was, but it was in the early 50's, there was an association of this kind gotten up and some of our leading lawyers at that time signed an agreement, I signed it, and it was carried out; I presume three-fourths of the bar signed that agreement. But it wasn't long, two or three weeks, when some of the members wanted their names taken off, said they wouldn't live up to that, that it wasn't fair, that it was throwing all the custom into the hands of a few old firms. Our bar then consisted of not exceeding sixty members, and if I were to say forty-five it would be nearer it. And that fell through with. The whole thing fell through with and since that time there has been an effort to get up a similar association.

Now, I agree with you, I stand ready to join hands with you and to pass any resolution here before this honorable Bar Association that will carry out the object of your resolutions, but I think, as I suggested to my older brother, Percy Maddin, a while ago, that the proper place was to go before the legislature and to have the legislature enact a law that it shall be regarded as disrespectful, that it shall be regarded as unethical,