had been guilty of carrying away the goods and chattels of others.

The climax of this court was reached, however, in the trial of a man charged with murder. It developed in the evidence that the dead man had been shot in both arms and his arms broken, but witnesses testified that the man, with both arms broken, with an ax was making a deadly assault upon the defendant at the time the fatal shot was fired. The result of this trial was, the defendant got ten months in the county jail. To say this was a travesty would be putting it mildly. So long as men are allowed to go free and escape prosecution after giving such evidence, so long will there be a miscarriage of justice.

It is no wonder that we hear it remarked upon every side that human life in Tennessee is too cheap; it is no wonder that the people are beginning to mistrust the courts and to charge that the law is a trick, lawyers are tricksters and the courts are fakes; no wonder that people are looking with suspicion upon the court and its procedure; no wonder we hear coming from the people a clamor for the recall of the judiciary and the demand for a Ouster Law by which unfaithful officials may be removed from places of trust.

Much is being said about law enforcement and the failure upon the part of the courts to justly administer the law. This has come about largely from a disregard upon the part of officials to observe their oath of office. Infidelity to public trust, a want of fidelity to a public duty, a disregard of a solemn oath of office, is as much perjury as is the willful, false statement of a witness in giving testimony upon the trial of a

case.

The storm is only beginning to rise, we now see only a small cloud, the mutterings of the thunder are in the distance and we are disposed to waive this subject aside and treat it as the vision and ravings of the socialist. But, mark you what I say, it is the expression of an indignant public who are becoming aroused at the failure of the enforcement of laws.

You ask what is the remedy?

First, in order that there might be no miscarriage of justice, I would amend the law so as to make any known false state

ment perjury.

Second. I would amend the law so as to make it the imperative duty of every judge, where false testimony is given in the trial of any cause before him, that he require such witness to enter into bond for his appearance before the next grand jury of that county if the grand jury was not then in session.

Third. I would further amend the law so as to make it the imperative duty of each district attorney general, to become prosecutor upon all indictments for perjury, and to indict and prosecute all men who may be guilty of giving false testimony.

The purpose in making these amendments is to stimulate the Court and the Attorney General to vigilance in running down and prosecuting men who give false testimony, and to simplify the Court's machinery so that every case would be tried upon its merits and no one turned loose upon a technicality or failure in observing some rule of practice. Once it becomes known that men who testify falsely will be indicted and prosecuted in the court, it will not be long until it is said that it is the rare and unusual case where men can be found who will testify falsely.

It is unfortunate that one of the most wholesome laws found upon our criminal statute has been allowed to become obsolete.

I suggest that this Bar Association recommend such amendments as will simplify the laws and make more certain their enforcement, thus vitalizing and breathing new life into wholesome and necessary laws, thereby making men more secure in their person and property.

But, after all, the administration of the law is not left alone to the judges, the duty devolves upon each lawyer to see that nothing but facts are stated in court and to expose any sharp practices. When this is done it will not be long until the public will understand that the courts and their officers are honorable gentlemen, whose words must be taken at par, and those dealing with them must be honorable and truthful.

Unsullied honor is man's highest earthly possession. Upon the trial of the meek and lowly Nazarene, he declared, in answer to Pilate's inquiry, that his mission upon the earth was the establishment of truth. Pilate, like the judges of today, exclaimed in wonder and astonishment, "What is truth?"

Nineteen hundred years later we find truth still a stranger

and unknown in the proceedings of our courts, growing out of the dealings and transactions of men one with another.

Why in this Christian era-in this age of civilization, is it that we are so indifferent to the admonition of the Savior who stated his mission to earth was that of establishing truth from which peace and good will to all mankind should flow.

In other vocations and business excuses may be tolerated for not observing the truth, but in the courthouse and at the bar of justice, let it be known that no excuses will be accepted for a failure to observe that divine attribute, the fountain of every virtue-truth.

Are we keeping it unsullied and inviolate, or are we growing careless of our duty to ourselves, our fellow-man, our country and our God?

Mr. P. D. Maddin: Mr. President, there is another matter that I wanted to bring up that should have been brought up as a matter of miscellaneous business, and I ask to bring it up

now.

I am sure that every member of the Association who has been here has looked with astonishment, first, upon the splendid program that has been prepared and presented at this meeting, the splendid address by the President, and the very fine papers that have been read, and also the delightful social functions which have been prepared for the enjoyment of the members who have attended this meeting, and I am sure that they look with sorrow and disappointment on the fact that so few members are present from beyond the limits of Memphis and availed themselves of the benefit and pleasure of being here and participating in these exercises. For myself, I am grievously disappointed that Middle and East Tennessee have not been better represented.

Mr. W. A. Owens: We have quite a number from Chattanooga. East Tennessee beats Middle Tennessee, I believe.

Mr. P. D. Maddin: I think it does. But we ought to have had not less than fifty from Middle Tennessee and fifty from East Tennessee. The work which has been done makes it worth their while to come. Something ought to be done to increase the attendance at the meetings of the Association. I do not know how it can be done. We have tried a number of

ways, and I am going to suggest that the President be authorized to appoint three committees, one from each of the three divisions of the State, whose special duties shall be to arouse interest in the meetings and to secure the presence of all the members possible at the meetings, to get the Courts to adjourn so that the lawyers may come, and to get the judges to adjourn so that they may come and be induced to come as far as possible. I move that the President be authorized to appoint, and directed to appoint, those committees at his convenience. Mr. Charles N. Burch: I second the motion.

The motion was put to a vote and unanimously carried. Col. Jos. H. Acklen: Mr. President, I move that we adjourn, sine die.

The motion was duly seconded, and the meeting was adjourned sine die.

SOCIAL EVENTS.

Thursday, 1 P.M.-Luncheon served at Memphis Country

Club.

Thursday, 8:30 P.M.-Boat ride and dance on Steamer Majestic. Refreshments served.

Friday, 1 P.M.-Luncheon served at Memphis Country Club.

Friday, 8:30 P.M.-Banquet for members of Association and ladies at Chisca Hotel.

CONSTITUTION

ARTICLE I.

Objects.

The objects of the Association are to foster legal science, maintain the honor and dignity of the profession of law, to cultivate professional ethics and social intercourse among its members, and to promote improvements in the law and the modes of its administration.

ARTICLE II.

Election of Members.

All nominations for membership shall be made by the Local Council of a county or Bar Association when such Local Council or Bar Association exists; when there is no such Local Council or Bar Association in any county, nominations for such county shall be made by the Central Council. All nomiations thus made or approved shall be reported by the council to the Association, and all whose names are reported thereupon become members of the Association; provided, that if any member demands a vote upon any name thus reported the Association shall thereupon vote thereon by ballot. Five negative votes shall be sufficient to defeat any election for membership. But interim, the Central Council, upon recommendation of any Local Council, shall have power to elect applicants to membership.

ARTICLE III.
Membership.

Any person shall be eligible to membership in this Association who shall be a member of the bar of this State, in good standing, and who shall also be nominated as herein provided.

ARTICLE IV.
Officers.

The officers of this Association shall consist of one President, three Vice-Presidents, a Secretary and Treasurer, a Central Council, who shall be the Board of Directors, under the charter, to be chosen by this Association. One of the members of the Central Council shall be its chairman. Each of these officers shall be elected at each annual meeting for the