the light gleaming through it in a thousand places, and the lawyer is the torch-bearer, holding aloft the torch of reason and justice. But, gentlemen of this Association, in what I have said, I hope that no one will draw the conclusion that the lawyer is a standpatter. He is a conservative, but at the same time he looks forward, and if he knows anything about the very genius of our jurisprudence, ne knows that the law is an expanding science that expands to meet the changed conditions of life, which is a process of growth and of development. So, the lawyer, while he does not forget the glow of yesterday's sunset, turns his face towards the rising, rather than the setting sun. And, gentlemen, in the activity of the lawyers, in their awakening to a realization of the dangers that confront this republic, and standing together as one man for the integrity of democratic institutions, for the maintenance of the faith of our fathers in these fundamentals, upon which, as a foundation of adamant, rest the strong pillars of this republic, I see the force of hope, and one which, when we contemplate the power and influence of the lawyer, will make us optimists, rather than pessimists. I thank you, gentlemen. (Applause). THE PRESIDENT'S ADDRESS. Gentlemen of the Association: The founders of this Association must have intended to make the retiring President unpopular, because they have demanded that he make a dry address. Not one that is dry in the sense in which our banquets must now be dry, but an address dealing in the notable changes in the statutory law, Federal, as well as State. It must be done I must make a noise by talking, and you should make a noise like you are listening. In the realms of national law, the most momentous event, shaking the life-time habits of the people, is the law of prohibition the manufacture or sale of ardent liquors. The amendment has been ratified by enough states to make it effective. Meanwhile, we have congressional prohibition, as a war-time measure. It is plain to all, however, that John Barleycorn has received the knockout blow in this nation, and that the coming generation will miss the conviviality and escape the deathless and endless woes that attended the flowing bowl. That something of man's natural liberty has been abridged must be conceded, but that man's betterment has been promoted and countless woes to people and government avoided, is undoubted. The coming generations will reap the greater reward for the deprivation. to this one, of the right to remain the slave of an appetite. The ancient slave of the wine cup will, however, doubtless say with Byron: "My very chains became my friends, So much a long communion tends Even I Regained my freedom, with a sigh." It is fitting that with the establishment of prohibition there should come the enfranchisement of woman. For more than three decades a small band of men, urged on and gallantly assisted and often led by women, principal victims and seldom partakers of liquors, have made its destruction their aim and effort. This long and hardly fought battle achieved its success just at the time when it is apparent that women will be recognized equally with men in sharing the right to participate in the making of the laws to which they are subject, and the selection of the officials by whom they are governed. It has become clear that in the Nation, as well as State, the maxim "taxation without representation is tyranny," shall be applied to both sexes, and that the representation must be real and not vicarious. The National law of most interest to all the people, passed since our last meeting, is, of course, the War Revenue Act, which was awaiting the President upon his return from the Peace Conference, and which was approved February 24, 1919. No doubt it is the greatest producer of taxes of any law ever enacted, and its purpose is to take the profits beyond the necessities of life, to the bone. There is no doubt about it being successful. In other times such an act would likely stifle new enterprises and further investment. The present business of this country and the call upon its resources is so abnormally great that, as yet, no slackening has been felt, nor abatement has been seen. The income tax now runs from 8 per cent to 65 per cent, the profits tax from 20 per cent to 60 per cent, and inheritance taxes, payable by widows and orphans, as well as collaterals, the tax on estates over $50,000 runs from 1 per cent to 25 per cent. There are excise taxes on transportation, theatre tickets and most things bought and sold, as well as documentary stamps on business transactions. The cost of war must be paid, and we are rejoiced that it may be paid in treasure rather than in more blood of the nation's youth. The cost in dollars is a slight thing compared with the cost paid by other countries in cripples and killed. None the less, the thought of the lawmakers should be directed to seeing that such tax is laid as will be least expensive to maintain and secure, as well as that it may not prove by its size a detriment to improvement, commerce and the country's development. On July 11, 1919, Congress authorized the return of the telegraph and telephone lines to their owners for operation, failing to make provision for the liabilities incurred in governmental operation, but maintaining the governmental rates for four months, unless modified by local authorities or (the Congress waxed humorous) voluntarily reduced. Both the telephone and telegraph lines were restored to the companies owning them, without audible protest from a patient and optimistic public. By an Act of February 25, 1919, a Judge may retire when 70 years old and after ten years' service, and still do such work as he likes, on full pay, and the President is given the right to retire a Judge of ten years' service, who is over 70 years of age, whom he finds incapabie, but still on full pay, whether the Judge likes it or not. May these Judges bear up under their misfortunes and say with the poet: "In the fell clutch of circumstances, I have not wept nor cried alound; Under the bludgeoning of chance, my head is bloody but unbowed." Congress, by an Act approved February 26, 1919, joined the march of progress by declaring that new trials should not be granted nor cases reversed in Federal Courts for errors, which do not affect the substantial rights of the litigants. The 14th Federal census is scheduled to begin in 1920. We will now leave Congress, as it struggles with the Peace Treaty and the League of Nations. May the Senate solve these questions and the Congress solve the more intricate problems of adjustment, readjustment and retrenchment with wisdom and vision. STATE LEGISLATION. The General Assembly of 1919 gave unusual attention to legislation of a general nature, progressive in character. It is a healthy sign, and with the guidance of thoughtful public discussion and recommendation would have been even better. The Bar Association and other leaders of public thought should be encouraged by the tendency at the last session to improve our general laws. The General Assembly passed a bill providing form for acknowledgment cumulative to those now in (Chapter 48). use. These acts, each intended to be comprehensive in itself, cannot be abstracted, in an address of this character and must be examined narrowly for each question sought to be determined. It is thought well, however, to call attention to the fact that executory contracts for sale of personalty of $500.00 or over,are not enforcible unless embodied in a signed writing, or unless some earnest money is paid or part of the things sold is received. (Acts 1919, page 304). The passage of these uniform acts shows the value of public leadership, resulting in concrete recommendations and emphasizes the wisdom of maintaining a department of government for preparing and draughting proposed legislation. The Legislature also adopted an act for chartering corporations, except all railroads and public welfare corporations. (Chapter 17). It seems to greatly simplify the unassorted mass of uncharted legislation, which has existed on the subject, and is at least a long stride in the right direction. So a comprehensive codification and revision is made of the laws taxing inheritances. (Chapter 46). I hope the Association will not be shocked to learn that the tendency of the act is towards a horizontal revision of the tax,-upwards. Women are given the right to vote in Presidental and municipal elections. (Chapter 717). Now, indeed, is it true that "The female of the species is more deadly than the male." On this account, no doubt, Tennessee Assembly, at the same session, passed a law requiring judges and clerks appointed to hold elections to serve as appointed, under the penalty of a fine for failing or refusing. In the same fair spirit, the Assembly made cruel and inhuman treatment by the wife of the husband cause of divorce, if she made it unsafe for him. (Chapter 70). The civil disabilities of married women are removed, but estates by the entirety and of courtesy are restored. (Chapter 126). Married women may acknowledge instruments just like a man. (Chapter 48). The punishment of death is restored for first degree murder, with the right of the jury to commute it to imprisonment for 20 years or more. (Chapter 5). Collateral heirs of deceased negroes may inherit, as may heirs of white persons. Voters may register by mail. (Chapter 14). (Chapter 71). Banks may join the Federal Reserve System and become subject to that system rather than the state law. (Chapter 69). They may own stock in joint stock Land Banks, under Federal control. (Chapter 25). |