18th. We recommend that in all cases where the defendant is charged with murder in the first degree to which the defense of insanity is interposed, the jury shall have the right to return a verdict of not guilty by reason of insanity, and upon such verdict being returned it shall be the duty of the court to cause the defendant to be confined in some place of detention to be provided by law.

Respectfully submitted,

J. W. HARTNETT,

President.

GEO. H. RUMMENS'

Secretary.

IN MEMORIAM

H

Mr. President: Since the last annual meeting of this Association several members of the bar of this state have been transferred to another world. The thoughts which have found expression in reviewing the lives of persons who have stamped the impress of their individuality upon the pages of history, embracing the localities and the times in which they were actors, have added much to the store of knowledge. The philosophy of human life and the study of human character are the most interesting and the most important fields of inquiry. The motives which actuate conduct, the deeds which develop character and make history, when studied reveal to us the secret paths to success and the dangers and pitfalls which environ us, and often our own capacities and weaknesses. Therefore it is true that the good and the evil which men do live after them in the effect upon others to stimulate them to strive to do their best or to warn against evil.

It is well for us, amid the activities in which we are engaged, to give time and thought to those whose life records have been finished and that kind words should be spoken commemorative of the virtues of our brothers whom we can no longer greet in our fraternal meetings.

I feel called upon to speak a few words with reference especially to the life of Eben Smith, a lawyer who lived and practiced in this state for about twenty-five years, and who was known, I believe, to most of the members of the bar of the entire state. Eben Smith was my friend. I was very fond of him, and what is true of me personally I believe will find response in the hearts of all others who knew him. Everybody who knew Eben Smith liked the man, and why? He was not greatly distinguished from other men by any one particular characteristic, but it was in the perfection of a good character. In all the different attributes that make a lovable character and good man, Mr. Eben Smith seemed to approach to perfection. He was a genial friend. His friendship was always cordial, though not offensive, never pretentious, and there was a warmth in his hand when he greeted you and a cordiality in his smile that endeared him to all who knew him. He was a good citizen, always willing to do his part with others in what was best for the community in which he lived. He was a good man in his own family. In every way in which a man is true and faithful to his

own home, Eben Smith was an ideal character. He was a good lawyer. He was well-grounded in all the principles of law and especially well informed in regard to the details of equity practice. The principles of equity were not only ground into his mind but his character seemed to partake of the doctrines of equity jurisprudence. He was faithful to his clients and towards the court he was not only respectful but he always showed that disposition which a lawyer should have to aid the court in rendering justice. I believe that, in the lives of such men, the wealth of the commonwealth has received a valuable addition. It is the lives and conduct of its men and women which make a community great and, while he is gone, his life and his conduct should be to us an incentive to do the best we can in building a worthy state, in developing moral character and virtues, and the intellectual progress of the times in which we live. I will not consume more of your time. In the few words which I have spoken I am only echoing what has been said before in commemoration of the life and character of Eben Smith.

GEORGE. W. FOGG.

Remarks by JAMES M. ASHTON.

Mr. President: During the past year there has passed from this sphere of life a member of the bar of Tacoma who was highly respected and whose association and friendship was sought for and highly prized by every member of the bar in Pierce county, with whom he was constantly brought in contact. That was Major George W. Fogg, of Tacoma. Major Fogg came to this state when well along in life and took up the practice of his profession in Tacoma. It was not long before we found in Major Fogg one whose influence was that of loftiness and elevation to his brethren at the bar, particularly in connection with the practice. He belonged to the old school of practitioners. The dignity of the law, and precision and accuracy with its practice, were held in high esteem by Major Fogg, and I believe I am voicing the sentiments of other brethren in Pierce county when I say that it inspired us all with a desire to adhere to the high standard of ethics with which Judge Fogg was at all times animated. As a man, his character was pure. His devotion in the way of domestic life and social life was earnest, sincere and beyond any question.

I feel, in closing these remarks about Major Fogg, that during the