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The proposed statute also reduces the number of judges needed to constitute a quorum, and allows the court to sit in two divisions at the same time, with provision for hearings before a fuller bench when the court shall think it important, as to-day the court submits the briefs to the judges who have not heard the case, when it desires their aid in reaching a conclusion. Three judges in an appellate court are in my judgment better than a larger number, for each feels more responsibility for the decision, while discussion is abbreviated though enough is secured. Three judges were enough to determine the law of England for years in each of its great courts, and to-day the same number constitutes the House of Lords for judicial purposes. Our court would find itself sensibly relieved if this change were adopted, and would have ample time for all the work which seems now too great a burden, while the law of Massachusetts would not suffer. This suggestion will, I think, upon consideration and study commend itself to the bench and the bar alike.

My mind is full of other subjects, and I realize that your constitution imposes no time limit on your president's speech, but I should be sorry to provoke a constitutional amendment, and I am aware that there is much to do and many more to speak at this meeting. One more suggestion and I am done.

The courts now spare themselves labor by sending the most important and difficult cases to auditors and masters, and this is necessary. But it is equally necessary that more adequate provision should be made for doing the work confided to these officers. In these days of many courts and conflicting engagements, to say nothing of longer and more frequent vacations, it is very difficult to get cases heard by a master, and sometimes harder to get them decided. There is a constant pressure on the courts to finish their cases, for they work in the public eye. A case sent to an auditor is side-tracked and waits the luxurious convenience of counsel and magistrate, and the latter finds it easy to postpone his decision, forgetting that delay dulls his recollection of evidence and arguments and does not enhance his judicial acumen. No counsel wishes to hurry him for fear

of an unfavorable reaction, and thus cases of the first importance drag on for years, and clients learn to distrust the law and its ministers. For the sake of us all, clients and counsel alike, this state of things must be remedied. Laziness and good nature are responsible for its continuance, and these elements of human nature are permanent. Whether there should be a master's court with a regular docket, or orders compelling hearings and decision within fixed periods on penalty of losing compensation in case of failure to obey, or whatever other remedy is needed, such an association as this should consider and decide. The present system is a crying evil, and the cure rests with you.

I have made only a few suggestions as to the work before this association, but its field is as wide as the law. Take up this work seriously and give it time and thought, such as you give to the cases of your clients. The work of the association is our own case, the case of our profession, the case of the community which we serve, and we must give it our attention or it will suffer. We can shirk our share of the labor, but we cannot escape our share of the responsibility. In the words of Senator Borah, recently uttered in the Senate: "It is a common and I think a deplorably common thing in these days to be always assailing the courts. Their defence is in our hands, and the only sure defence is the removal of the things which cause complaint. It is for our profession to accomplish this, for unless we can make justice reasonably prompt, sure and cheap, we shall fail in our lifework, and our profession as well as ourselves must bear the consequences of our failure.

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The following reports were then read and accepted':

TREASURER'S REPORT.

FITCHBURG, MASS., Oct. 9, 1914.

To the Massachusetts Bar Association:

The Treasurer of the Massachusetts Bar Association presents herewith his fifth annual report.

The fourth year closed with 646 active members, a gain

of 36 over the previous year, besides 45 honorary members. On the first day of January seven members were automatically dropped for non-payment of dues and the resignation of eight others took effect the same day, so that this year began with 631 active members.

During this year 41 new members were elected and 37 enrolled, as three have not yet paid their dues and one declined the election. Six members have died during the year. This now leaves us with 665 active members. As the year does not close under the By-Laws until December 31st, there is still opportunity for the three new members to pay their dues, also for the 50 whose dues remain unpaid (five having paid since the books closed) to pay before the close of the calendar year.

The following are the statements of receipts and disbursements up to and including October 6th, to which is appended a report of the Auditors, Messrs. Robert Homans and S. R. Wrightington, appointed for that purpose by the President:

Dr.

Amount of balance from last account, Dec. 15, 1913

Received 28 Annual Dues for 1913

$3,649.18

140.00

Received 611 Annual Dues for 1914

Received from J. A. Lowell, Sec'y, for 8 guests tickets for

3,055.00

Annual Dinner at $5 each

40.00

Received from J. A. Lowell, Sec'y, for 7 tickets from new

members (to be elected) for Annual Dinner at $3 Received from J. C. Hammond (copies of his address) Received interest on deposit to Oct. 1, 1914

21.00

14.50

70.61

$6,990.29

1913.

Cr.

Dec. 20. Paid Addison C. Getchell & Son, Report of

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We have audited the foregoing account and find it correctly cast and properly vouched and that the balance stated of $4,297.19 is on deposit to the credit of the Massachusetts Bar Association.

ROBERT HOMANS,

S. R. WRIGHTINGTON,

Auditing Committee.

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