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(e) Suspend the offender from membership in this Association for not less than one year nor more than five years. (f) Expel the offender from membership in the Chicago Bar Association.
(g) File an information in the Supreme Court of Illinois with a recommendation to said court that the offender be privately admonished by the court.
(h) File an information in the Supreme Court of Illinois with recommendation to said court that the offender be admonished by said court, and that the admonition be entered of record and published in the current volume of the reports of the said Supreme Court.
(i) File an information in the Supreme Court of Illinois, with a recommendation to said court that the offender be suspended from practice for a time to be specified, of not less than six months nor more than five years, and that such suspension be published in the current volume of the reports of said court. (j) File an information in the Supreme Court of Illinois with a recommendation to said court that the offender be disbarred from the further practice of his profession in the State of Illinois.
3. And the Committee on Grievances may take similar appropriate action in the Federal Courts against lawyers enrolled therein.
That, in brief, is a scheme by which we expect to discipline members of the Bar so that they will be more likely to observe the ethical ideals of their profession.
Gentlemen, I have taken much more time than I intended, but I want to thank you for listening to me as I have outlined to you the general plan some of us working together in Chicago have in mind to meet the troubles that beset us and under the present plan to stimulate the best that is at the bar and at the bench, so they may reach their maximum efficiency.
President Keeble: Not only from the standpoint of the fact that the author has brought to bear a great deal of information and learning upon the subject, but he has impressed me particularly with that peculiar gift of enthusiasm for his subject that always makes his efforts more effective. We are not so wicked in Nashville, as you are, perhaps, and secondly, we don't have
as many troubles, but we have them in a lesser degree, as you have more, because you have more people and more business and more money and you probably have more iniquity, but we have some and what we are trying to do now, is to make our Bar Association an efficient instrumentality for establishing, or more firmly re-establishing our profession in all the proper walks it ought to be, and more particularly in the reform of judicial procedure, and I want to say that the gentlemen I have invited from a distance, this time to speak for the Bar Association have given me a great deal of pleasure in the fact that they live up to the high standard that I anticipated, and the gentleman who has just finished his address, has made a substantial contribution to the pleasure and the profit of this Association.
Mr. Miles, of Memphis:-I move that a vote of thanks of the Association be tendered Mr. MacChesney for the elaborate and able address he has delivered before us, and his conscientious study of the subject.
Mr. Maddin-I would like to amend that by adding that we make him an honorary member of the Association.
Amendment accepted and seconded, and unanimously carried by a rising vote.
Mr. MacChesney:---I am glad at last to be a Southern law
Mr. Maddin:-Our friend, General McReynolds, we have always counted as one of us, but during his long absence, I do not believe he has continued his active connection with us, and I move that we elect General McReynolds an honorary member of the Bar Association of Tennessee.
Motion duly seconded and unanimously carried.
The meeting adjourned until 2:45 o'clock in the afternoon.
AFTERNOON SESSION, 2:45.
President Keeble:-I am going to appoint that Commission of three that was provided yesterday to be appointed, in this resolution of Mr. Lellyett's. I appoint Mr. John T. Lellyett, of Nashville, Mr. A. W. Chambliss, of Chattanooga, and Mr. W. H. Swiggart, of Union City. I have tried to make that a representative committee. I think it is typical of the Bar of the
divisions of the state, without bias or prejudice one against the other.
Mr. Acklen: The report of the Committee on Legislation is very brief and unanimous, and makes no recommendation that I think will raise any question of opposition or discussion, and with the permission of the Chair, I would like to read it:
REPORT OF COMMITTEE ON LEGISLATION.
To the President and Members of the Bar Association of Ten
The powers and duties of your committee as defined by sub-section 4 of Section 7 of the by-laws are as follows:
"A Committee on Legislation, to whom shall stand referred all matters of legislation recommended by the Association at any of its meetings, and who shall be charged with the duty of framing suitable bills to carry such recommendations into effect, if not already adopted by the Association, and of taking all proper measures to aid in securing the enactment of the same by the Legislature."
Some time prior to the meeting of the last Legislature your committee directed its chairman to have printed and mailed to each legislator a list of the recommendations of this Association, which was promptly done. A copy is hereto attached.
The political conditions existing during the regular session of the Legislature were such, however, as to preclude a proper consideration of but few of the many recommendations made by this Association.
The bill removing the disabilities of married women, however, became a law (Chapter 26, Acts 1913.)
The act providing that every summons issued by a magistrate shall be in duplicate and one copy left with the defendant when served, failed of passage.
The bill to abolish the appearance term in Circuit Court practice was carefully drawn, introduced in both houses and strongly urged for passage, but was defeated. A like fate befell the bill providing that a non-suit shall not be taken after the trial commences, as a matter of right, but shall rest in the
sound discretion of the Court on good cause shown as to whether it should be granted or not.
The very important bill to provide for the construction and maintenance of state highways in this State, and for the creation of a State Highway Department and a state highway fund (S. B. 89), failed for want of consideration. A copy of this bill is attached for information.
The bill for the payment of the actual expenses of Chancellors, Circuit and Criminal Judges and Attorneys General of Tennessee, incurred in the discharge of official duties passed the Senate, but failed in the House to receive a constitutional majority. Had this measure not met with opposition from some judges who insisted upon other bills, it would undoubtedly have become a law. Copies of the bills introduced are hereto attached.
Owing to the political conditions already referred to other measures never left the hands of the respective committees.
The experience of your committee in the last two legislatures warrants the suggestion that fewer recommendations and more energy on the part of all members of the Association while the legislature is in session would accomplish better results.
The following suggestions are, therefore, respectfully submitted:
1. That no recommendation of any member shall be embodied in a bill and presented by the Committee on Legislation to the Legislature, as a measure advocated by the Bar Association of Tennessee, unless said recommendation shall have first received the approval of a three-fourths vote of the members present in the meeting.
2. That the member of the Association offering the recommendation, if the same be approved by a three-fourths vote, shall prepare the bill embodying said recommendation, and not later than sixty days before the meeting of the Legislature furnish the Committee on Legislation with a copy thereof, together with a brief statement of the reasons why said bill should be enacted into law.
3. That no bills, embodying recommendations of the Bar Association of Tennessee, which have once been presented by the Committee on Legislation, to any Legislature, and not acted
upon favorably, shall be re-presented to
Legislature by said Committee unless by direction of this Asso
J. H. ACKLEN,
E. J. SMITH,
RECOMMENDATIONS OF THE BAR ASSOCIATION OF TENNESSEE.
1. An act removing the disabilities of married women and giving them the same right to contract as men, and also abolishing dower and courtesy.
2. An Act for the more prompt settlement of estates.
3. An Act authorizing the conveyance of land held under adverse possession.
4. An Act to require telegraph companies to deliver messages to the full limits of any incorporated towns or cities without extra charge.
5. An Act to require the Comptroller, without waiting for the biennial legislative appropriation bill, to issue the State's warrant for payment of all the ordinary and necessary expenses of the State government, including the maintenance of public and charitable institutions. This power should be limited and apply to specific expenditures and limited to the usual minimum.
6. An Act to provide that the Supreme Court should hold its sessions in one place, with proper buildings and library facilities and fireproof vaults, to be provided by the State, with such convenience and elegance as is appropriate to the dignity of our highest court for the administration of justice.
7. An Act to provide that the circuits and districts should be rearranged and made as compact as possible, in proportion to population, so that judges could spend more time in the courts and less in travel, and the terms of the courts could be held more frequently.
An Act to require a court stenographer and reporter. 9. An Act to establish and maintin a State Bureau for the