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quitt early in 1914, who will be asked to call a special session of the legislature to consider the bill and other court reform measures.

The following officers were elected: President, W. W. Searcy of Brenham; vice-president, Allan D. Sanford of Waco; Board of Directors: John L. Dyer of El Paso, Frank C. Davis of Houston, Robert W. Slayton of Corpus Christi, R. E. L. Saner of Dallas and W. C. Morrow of Hillsboro; treasurer, William D. Williams of Austin; secretary, J. B. Cave of Dallas.

West Virginia. - Senator William E. Borah's paper on "The Lawyer and the Public" was the feature of the twentyninth annual meeting of the West Virginia Bar Association, at Wheeling June 16-17, though the Idaho Senator was prevented by illness from delivering it in person. He wrote in part:

"Obligations to the public are to be measured according to ability and opportunity to serve the public; the public weal has a right to exact services in proportion to our ability to meet the exaction, just as the Government should collect taxes in accordance with the ability to pay. Ever since communities began to adopt rules by which their members consented to be governed, the lawyer has been of great and exceptional service to the public. He has been called upon in almost every emergency, from the drafting of the more important ordinances of a town meeting to the most tremendous concerns of state, and when called he has in the past given of his time and learning without money and without price. No member of the profession looks back upon these services characterized with such singular wisdom and self-sacrifice without emotions of professional pride. But the

days that have gone carried no greater responsibilities than the days that are coming. Almost every conceivable question, almost every matter of moment to the citizen at this time, involves in some way a knowledge of law and the training which enables us to adjust well known legal principles to our new industrial and social conditions."

President W. G. Matthews made one of the most interesting addresses ever made before the state association. It was on the subject, "Martial Law in West Virginia," and in it he protested against the views of Governor Glasscock that there was a necessity for the maintenance of martial law in the coal strike districts of West Virginia. Several members took an active part in the discussion of this protest. Some counseled against endorsing or denouncing the Supreme Court's decisions, saying that it would precipitate trouble. Others asked that action be postponed until the United States Senate completed its investigation of the coal strikes. A motion to refer to a committee passed.

The executive council recommended a discussion of the laws regarding the removal of judges as well as several changes in the constitution and bylaws. Investigation of charges of attorneys unfit for the profession was urged. The report was adopted.

A paper by Judge McWhorter was read, on "Courtesy and Its Abuses in Judicial Administration," another address, by John J. Cornwell, dealing with "The Utilization of the State's Water Powers." A highly successful banquet followed. These officers were elected: President, Col. Robert White; vicepresidents, Nelson C. Hubbard, J. J. Cortney, Fleming Alderson, J. W. Vanderwort, Frank Enslow, Jr.; secretary, Charles McCamic; treasurer, Charles A. Kreps.

Miscellaneous The new workmen's compensation law of California, effective Jan. 1, 1914, requires greater compensation for injuries than the laws of other states, 65 per cent of wages rather than 50 per

cent.

The Wisconsin Legislature passed a bill July 25 requiring a certificate of health from both parties to a nuptial agreement as a preliminary to the granting of a marriage license. Examinations by physicians are required. Both houses also passed a bill for the sterilization of the feeble-minded, epileptic, and criminal insane, in state and county institutions.

The amalgamation of the Baltimore Law School and the University of Maryland, which has been hinted at for several months, will take effect at the opening of the fall term. The faculty of the combined schools contemplates establishing a more strict entrance requirement. It is said that the institution will be placed on the same footing in that regard as the Harvard Law School.

The important question of the visitorial powers of Congress and the powers of commissions of inquiry is evidently to be passed upon by the Supreme Court, as a result of the appeal filed July 11 by George G. Henry, a New York banker,

from the decision of a New York federal court which refused to release him from

custody on a habeas corpus proceeding. Henry was indicted and arrested for contempt because he refused to answer certain questions of the Pujo committee.

The Senate Committee on the library has favorably reported to the United

States Senate the Owen bill providing for the establishment of a legislative reference bureau in the Library of Congress. The committee has worked over the bill considerably and has effected many changes. The bureau is to be called "The Legislative Drafting Bureau." It is to be under the direction of an officer known as the "chief draftsman," to be appointed by the President of the United States for ten years at a salary of $7500.

The new Workmen's Compensation Act of Illinois, which became effective July 1, repeals the act of 1911, and provides a system of compensation elective for the employer, who adopts its provision, by filing notice with the Industrial Board, and impliedly elective for the employee unless he files notice of nonacceptance with the board. Questions of law or fact upon which the employer and the injured employee or his personal representative cannot agree are to be determined by committees of arbitration appointed at the instance of the Industrial Board.

John S. Dawson, Attorney-General of Kansas, was elected president of the National Association of Attorney-Generals, which closed its annual convention at Charleston, S. C., July 9. Other officers of the association were elected as follows: Vice-president, John H. Light, of Connecticut; secretary, Royall C. Johnson, of Oklahoma; members of the Executive Committee, Grant Martin, of Nevada, chairman; Charles West, of Oklahoma; Georgia Cosson, of Iowa, and James Tanner, of Washington. The association will meet next year at the place and time chosen by the American Bar Association for its annual convention. Thirty states were represented at the meeting just closed.

The Commercial Law League of America, at its nineteenth annual convention, held at Cape May, N. J., July 21-24, unanimously adopted a resolution which set forth that the "practice of law is not a lawful business except for members of the bar who have complied with all the conditions required by statute and the rules of the courts." "The custom of business men practising law, either in the form of trust companies, notaries public or agencies, has grown to such an extent," continues the resolu

tion, "that the Commercial Law League of America, in convention assembled, now calls upon the profession generally to take more vigorous action in prosecuting offenders against the penal laws, and where necessary to secure further legislation prohibiting the illegitimate practice of law." Copies of the resolution will be sent to every bar association in the Unite States.

John S. Kennedy, former Warden of Sing Sing Prison, was indicted at White Plains, N. Y., July 10, charged with violating a public trust. The indictment contained five counts all dealing with alleged mismanagement of the prison. The first charges him with being absent on different dates. He is charged with putting prisoners suffering from contagious disease in cells with sound prisoners, putting whites and negroes together, putting degenerates and those morally sound together, putting men in dark cells without examining them to see if they were physically fit to stand the punishment. The indictment also says these men only received a loaf of bread and eight ounces of water in twenty-four hours. He is charged with having kept the prisoners from July 13, 1911 to June 5, 1913, with improper and insufficient clothing, unclean and damp bedding, and with

blankets that were washed but once a year.

Obituary

Binney, Charles C., of Philadelphia, who died at Little Boar's Head, N. H., July 10, was a graduate of Harvard, class of 1878, and was assistant attorney in the Department of Justice at Washington, D. C., from 1893 to 1897.

Bonnifield, M. S., at one time Associate Justice of the Supreme Court of Nevada, died at Winnemucca, Nev., July 16, aged 80. He was one of the pioneer lawyers of Nevada.

Cooley, Alfred W., Assistant AttorneyGeneral of the United States from 1906 to 1909, and a former Justice of the New Mexico Supreme Court, died of tuberculosis at his summer home at Topsfield, Mass., July 19.

Harrod, Judge J. H., a prominent lawyer of Little Rock, Ark., was killed by an automobile July 11, aged 63. He was slated for United States Attorney and had been a candidate for Governor.

Livingston, S. B., until six years ago president of the Society of Medical Jurisprudence in New York, died at his home in New York City, July 13, aged 60.

Low, Homer B., assistant attorney for the Oklahoma lines of the Rock Island, died at his home at El Reno, Okla., July 9. He had been prominent in legal circles and politics in the state and territory for many years.

Olmsted, Marlin E., former Congressman from Pennsylvania, died July 19, at a hospital in New York City. He had practised law at Harrisburg since 1878. During the hearing on the PayneAldrich Tariff bill he presided in the House for a part of the time.

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FROM A PICTURE TAKEN DURING HIS INCUMBENCY ON THE BENCH OF THE

UNITED STATES CIRCUIT COURT OF APPEALS, SIXTH CIRCUIT

Courtesy of the Boston Book Co.

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