"The question of jurisdiction, whether of the Circuit Court or of this court, is frequently a delicate matter to deal with, and it is especially so in this case where the most important objection to the jurisdiction of the Circuit Court is the assertion that the suit is, in effect, against one of the states of the Union. It is a question, however, which we are called upon, and which it is our duty to decide."

The contention that the suit instituted on the equity side of the docket in the United States Circuit Court. by the railroads against the officials of the state, was, in effect, a suit against the state, has been so thoroughly answered by the Supreme Court of the United States in the case Ex. Parte, Young, above cited, that I only wish to refer to it. It is noteworthy that the opinion written by Mr. Justice Peckham in that case was concurred in by seven of the justices of the court and that it was dissented from by only one of the justices of the It is further worth while to note, as showing the non-political character of the discussion, that the opinion in that case was written by Mr. Justice Peckham, a Democrat, and that it was concurred in by every other member of the court, Democrat and Republican, except Mr Justice Harlan, a Republican.

court.

No one, it seems to me, after unbiased reflection, can attach blame to the railroad companies for going, as they certainly had the legal as well as the moral right to do, into the Federal Court to have their rights adjudicated. No one can attach blame to the Federal Court for permitting the case to be instituted in that court; it was its duty to do it, and it could not, besides, prevent it. It made no difference, in fact, to the defendants where the suit was brought, as, in any event, it had to be finally determined in the United States Supreme Court, the arbiter of the controversy, made such by the Constitution of the United States, the supreme law of the land; particularly, is this true, as by instituting the action in the United States Circuit Court the final disposition of the case would be quicker reached.

A careful study of the opinion of the Supreme Court in Ex parte Young, made the opinion of the court in

the case of Hunter, Sheriff, versus Wood, one of the North Carolina rate cases, ought to, and will, I believe, as soon as sufficient time shall have elapsed to permit impartial consideration of it, satisfy the public mind, as well as that of our profession, of the correctness of the principles there decided and applied.

We can, therefore, take it, that the important questions. involved in these litigations are forever settled. They have not been settled, it may be, as some of us thought they ought to have been, but I believe as time passes on the people, and more particularly the legal profession, will see that they have been settled right.

THE PRESIDENT: Gentlemen of the Association the meeting is now open for the transaction of business. THE SECRETARY: The President has appointed the following Committees:

Committee on Publication.

A. D. WARD, Chairman,

L. D. ROBINSON,

W. H. PACE, SECRETARY.

Committee to nominate officers, except the President and Secretary and Treasurer:

CLEMENT MANLY,Chairman.

HARRY SKINNER,

HAYWOOD PARKER,

W. S. O'B. ROBINSON,

W. B. RODMAN, Secretary.

That Committee nominates the Vice-Presidents from each judicial district, and two members of the Executive Committee.

THE PRESIDENT: The next matter of business is the report from the Executive Committee. Is the Committee ready to report?

Mr. T. B. Womack, Chairman of the Executive Committee, reads the report of the Committee, as follows:

REPORT OF EXECUTIVE COMMITTEE.

MR. PRESIDENT: The Executive Committee of the North Carolina Bar Association begs leave to report that they had a meeting at Raleigh, N. C., on January 20th, 1908, at which were present; Messrs. Chas A. Moore, Thos. B. Womack, T. T. Hicks, and Thos. W. Davis.

The Committee organized by the selection of Mr. Womack as temporary Chairman, and Mr. Davis as Secretary. These gentlemen were then elected permanent Chairman and Secretary, respectively. After consideration by the meeting, Morehead City was selected as the place, and June 30th, July 1st, and 2nd, inclusive, as the time, for the next annual meeting of the Association.

The meeting then selected Hon. C. A. Woods of the Supreme Court of South Carolina, and a resident of Marion, S. C., to make the address before the Association at its next annual meeting, upon some subject to be selected by himself. The Secretary corresponded with Judge Woods, and we take great pleasure in announcing that he is present and will address the Association tonight.

The Committee selected the following members of the Association to prepare and read papers at this meeting: Hon. Theodore F. Davidson, of Asheville, upon "Recollections of the Bar of Western North Carolina," and Hon. A. M. Waddell, of Wilmington, N. C., upon "Recollections of the Bar of Eastern North Carolina," Hon. Z. V. Walser, of Lexington, N. C., upon "Flashes of Wit and Humor of the North Carolina Bench and Bar."

Your Committee begs leave to report that General Davidson and Col. Waddell have been unable to attend this meeting, and Mr. Justice H. G. Connor, of our Supreme Court, has consented to deliver an address to the Association this morning.

Your Committee held another session at Morehead City on June 30th and prepared an order of proceeding

for this meeting, which will be announced from time to time by the President.

The Committee appointed Messrs. Frank Thompson, L. F Hartsell and E. W. Timberlake Jr., as a committee to audit the accounts of the Treasurer.

(Signed)

THOS. W. DAVIS,

Secretary.

THOS. B. WOMACK,
Chairman

MR. WOMACK: It may be well for me to state to the Association that, when the Executive Committee called upon Judge Connor 'to supply the place of these distinguished gentlemen upon so short a notice, it was the understanding that his remarks this morning should not be reported to the papers, but that later, he would prepare his paper, and that that would be published.

THE PRESIDENT: What will the Association do with this report. Hearing nothing from the Association, it will stand approved.

Gentlemen of the Association, Ladies and Gentlemen:

It gives me much pleasure to present to you, Judge Connor, who is much better known to you than I am myself, I have no doubt. I do not say that because Judge Connor is so much older than I am, but because he has had such an opportunity to come in contact with the people, and has known them so much longer time than I have.

Note.-Judge Connor wishes it to be made clear to the members of the Association that he did not instigate what he calls his offense but was seduced by fair words and many promises, and threatened with dark forebodings to make this address, and pleads that he was under constraint and not responsible for his action. Having thus stated his position as requested

by him, the Secretary begs to state to the members of the Association, that there is much food for thought in Judge Connor's address, although delivered under constraint. (The Secretary.)

Mr. Justice H. G. Connor here preceded his remarks as follows:

Mr. President, Gentlemen of the Bar Association, Ladies and Gentlemen:

I think it well to tell you how I came to be here. Certainly you have a right to be disappointed and surprised. The Executive Committee makes up this program, I believe. The statement just made by the Chairman of the Executive Committee arouses in my mind the thought that, if the Legislature would entrust you with that much power, it would be well for them to give you power to apply for a writ of mandamus, so that these gentlemen who are prepared to make speeches, may be required to come.

I came down here to enjoy myself, and didn't intend to interfere with your enjoyment. I was called upon yesterday, by the Executive Committee.

It is perfectly evident that I can't talk about reminiscences. I am not old enough. If the Executive Committee had selected another gentleman of the bench, he might have been able to do it, but I can't. When the Executive Committee asked me to discharge this duty, or privilege, I call it, because it is a privilege, I felt it would not be becoming in me, under the obligation in which I live to the Bar of North Carolina, to refuse to accept any privilege they might extend to me, for certainly no man in North Carolina lives under such a profound sense of obligation to them as I do.

If I should express an opinion about a question of law, me thinks I would see my learned brother giving me a nod of admonition that I had better not let out any secrets.

In respect to what I should say, or the opinions I should express, they could, at their leisure file, "assign