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bark of Liberty through the shoals and breakers of social and political discord, turmoil and strife.
“This commendation of the judiciary is not intended to reflect upon the executives of either state or nation, or the loyalty and efficiency of the navy and army including the militia.
“Still, notwithstanding the purity and acknowledged ability of the judiciary of our country, it is defective and inefficient to an alarming extent.
“The failure and miscarriage of criminal justice all over our land is not only acknowledged and felt at home, but is. a national reproach abroad.
“This failure and miscarriage of criminal justice breeds contempt of law, creates mob law and mob violence and destroys the very foundations of all governments.
“The only known and apparent reason for the inefficiency of our courts and the lamentable failure of criminal justice in the land is the contaminating influence of partisan politics upon the bench and bar.
“When the judges are elected as party men for short terms unconsciously, perhaps, they may have an eye to the main chance at the next election, rather than an eye single to the firm administration of substantial justice.
“In this country it is not an uncommon thing for an attorney to seek the first opportunity to apologize to a juror he has felt it his duty to excuse, or the witness he has had occasion to criticise or contradict, because such juror or witness was armed with the power of a vute.
“Is a judge less vulnerable than the rank and file of the bar from which he is selected by these same American sovereigns?
“By all means let us have non-partisan selection of the judiciary, and for long terms.
“Many of our best and ablest fellow citizens of all classes and professions believe that the judiciary should be appointed for life or during good behavior, and thus be entirely free from political influence.
“This matter is particularly a proper subject for consideration by this association, and the influences of a united bar would be almost irresistible, if properly exerted in the right direction.
“ To create, maintain and preserve judicial purity and efficiency is a good work that not only appeals to the professional pride and sense of justice of the practitioner at the bar and the presiding judge, but also to the patriotism of the citizen.”
Mr. Ronald, of Seattle, moved the appointment of a committee of five to formulate and report at this meeting a constitutional amendment for the election of Judges at some time other than during a political campaign, which amendment is to be presented to the next legislature by this. Association.
Motion carried, and the President appointed Messrs. Frank H. Graves, of Spokane; Charles W. Seymour, of Tacoma; W. H. White, of Seattle: T. N. Allen, of Olym pia, and E. C. Million, of Mt. Vernon as such committee.
Mr. Andrews, of Seattle, moved that a committee of three be appointed by the President for the purpose of conferring with the Republican and, Democratic state conventions, with the object in view of securing, as far as possible, nonpartisan nominations, either through the parties themselves or by means of an independent convention. Such committee to have power to do whatever it may consider necessary to that end.
Mr. Allen, of Seattle, moved, as an amendment, that the committee be composed of six members, three from the Republican and three from the Democratic parties. Amendment accepted.
Mr. White, of Seattle, moved, as a further amendment, that the committee be composed of eight members, five from the Republican and three from the Democratic parties.
In explanation of his motion Mr. White said that according to Mr. Graves' paper that gentleman feared the judicial nominations made by the Populists at North Yakima. Mr. White wanted to assure the gentleman that he need have no fears on that score; the Populists had been tried and found wanting, and there was no danger that a party that countenanced rebellion, riot, Coxeyism and other outlawry would stand any show with any common-sense American voter. He considered the Republican party the only one that would have much to say in the coming election, therefore the responsibility of a non-partisan judiciary would rest with the Republicans and they should have most to say about it.
Mr. Allen, of Olympia, agreed with Mr. White fully on the Populist question.
Mr. Andrews, of Seattle, objected to the selection of the committee according to the numerical standing of political parties.
Mr. Wiley, of Seattle was opposed to non-partisanship in anything, and wanted the present Judges retained in office.
Several lawyers wanted to speak but were shut off by the interposition of a motion to lay the whole matter on the table, which was carried.
Thomas Carroll, of Tacoma, introduced the following resolution, which was adopted with but one or two dissenting votes.
“RESOLVED, by the Washington State Bar Association, that we view with favor and most heartily commend the timely and earnest efforts of the federal Executive and Judiciary in upholding the administration and enforcement of the law in the recent trying times through which the country has been passing.”
Hon. Thomas Carroll, of Tacoma, then read before the Association his paper on the subject of the “Policy of the Redemption Laws." (See Appendix “D.")
” The subject of this paper was discussed at some length and interesting suggestions made by attorneys. Those leading in the discussion were Messrs. Ronald, of Seattle; Allen, of Olympia; Howe, of Seattle, Forster, of Spokane.
The President then declared a recess until 1:30 o'clock,
July 19th, 1894, 1:30 p. m. Association called to order, President Arthur in the chair. The discussion of Mr.Carroll's paper was resumed by Messrs. Forster, of Spokane; Ayer, of Olympia, and others.
Mr. Hughes, of Seattle, moved that a committee of five be appointed by the President to confer with the Board of University Regents as to the advisability of establishing a law department in the State University.
Remarks were made by Mr. Preston and others. Motion carried, and the President appointed Messrs. E. C. Hughes, of Seattle; J. A. Shackleford, of Tacoma; Frank T. Post, of Spokane; Joseph Shippen, of Seattle, and David E. Baily, of Olympia, as such committee.
Orange Jacobs, of Seattle, moved that it be the sense of this association that a law department should be established in said University as a public necessity.
This motion was vigorously opposed by Mr. Ayer, of Olympia, and as vigorously supported by Messrs. Forster, of Spokane; Wiley; of Seattle, and Jacobs, of Seattle.
Mr. W. H. Wood, one of the regents of the University, being present, was invited to speak upon the subject. He said five members of the board were lawyers, favored a law department and would gladly co-operate with the Association in the matter, and they were anxious to make it a success if such department was established. He said the University also proposes a medical department.
On vote being taken, Mr. Jacobs' motion was carried.
Hon. John Watson Pratt, of Seattle read before the Association a paper on the subject of the “ Government of Cities." (See Appendix "E.”)
The subject of said paper was discussed mainly by Mr. Donworth, of Seattle, and Mr. Jacobs, of Seattle.
Hon. John J. McGilvra, of Seattle, offered the following resolution, and moved its adoption:
‘RESOLVED, That it is the sense of this Association that the government of cities in the State of Washington should be conducted upon non-partisan principles.”
Mr. Jacobs, of Seattle, seconded the motion in order to get the resolution before the Association, but said he should oppose it.
Mr. McGilvra supported his motion by an enthusiastic speech in which he said thousands and thousands of dol
lars were squandered by party politicians all over the State.
Mr. White, of Seattle, believed that the full Executive power should be vested in the Mayor alone. Throw the responsibility on him and the best selections would be made.
On motion of Mr. E. C. Hughes, of Seattle, the resolution was laid on the table.
Vice-President Forster, of Spokane, for the Executive Committee; presented revised Constitution and By-Laws, which were read at length before the Association.
Mr. E. F. Blaine, of Seattle, moved the adoption by the Association of the Constitution and By-Laws as read. Motion carried (This Constitution changes the old one in many particulars; the principal changes, however, being the TIME for the annual meeting to be held the third Wednesday in July; the PLACE of meeting to be designated by vote at the last preceding annual meeting. See ante.)
Hon. George M. Forster, of Spokane, introduced the following resolution, which was adopted:
“RESOLVED, That it is the sense of this Association that the laws of this State should be so changed that admission to the bar should be placed in the exclusive control of the Supreme Court under such rules as it may formulate."
Hon. Charles S. Fogg, of Tacoma, read before the Association his paper on the subject of the “Evil of the Promiscuous Appointment of Receivers.” (See Appendix "F.")
Hon. J. H. Allen, of Seattle, offered the following resolution:
“RESOLVED, That it is the sense of this Association that no receiver should be appointed until the applicant therefor, shall have given a bond in double the value of the property to be taken, to pay all damages incurred by reason of the appointment of the Receiver, should the Receiver finally appear to have been improperly or wrongfully appointed."
After considerable discussion, participated in by Messrs. Andrews of Seattle; Humphries, of Seattle; Greene, of