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hope that something along this line will be done. I said, in the beginning, that other states had come to the appellate court system. The Supreme Court of this state is up to the limit of human endurance. We are writing practically ninety cases apiece a year. It amounts to fourteen hours a day we are at work, and if they pass the eight-hour law, of course the Supreme Court would be about two years behind each year, and we must have some real remedy. Six years ago next January this department bill was prepared. I objected to it at the time, but my objections were “theoretical" and I waived them, but if it were to come up now, with the experience I have had on the bench, I would not agree to it at all. I would rather see the court come along and get behind in its work than, I think, suffer under the department system. I sincerely hope that this report will pass and the legislature be invited to offer a constitutional amendment allowing the people of the state to provide sufficient courts to take care of the increasing litigation.

Judge Parker: Mr. President, let us not be led away from the fundamental problem into details, as we are very apt to be. I have no suggestions to make, although I have some in mind, as to what sort of system would be wise to have provided. A constitutional amendment, supposing it were proposed at the coming legislature, could not be adopted for a couple of years, yet, and just at the present time we get along fairly well, although we have to be very industrious. I might be inclined to take exception to Judge Chadwick on the workings of the department system. I want to see some way provided whereby the necessities of the case can be dealt with as they arise. As it is now the legislature's hands are absolutely tied. If this problem is left with the legislature and two years from now there should happen to be such constitutional amendment adopted, it may be that even then the


work of the court will have so decreased that there will be no necessity for action, but the power will be there so that the legislature can act. It is not impossible that we will have the experience of many of the older, Middle-Western states.

As a young man in the Middle States I saw the courts swamped and yet today, with double the population and treble the business, I see the courts really at ease. Possibly we will come to that situation as the settlement of the country goes on, notwithstanding the great increase in population and business, and yet we may not have that experience. It seems to me it is simply providing a method by which the emergencies, as they arise, may be dealt with. This is the one and I expect the only one part of this report that I am in favor of.

Mr. President: I understand that Judge Ellis is very desirous of leaving on the two o'clock train and, if we do not hear his address at this time, he will have to remain over until tonight or tomorrow. Now, would the Association be satisfied to continue the further hearing of this report and hear Judge Ellis' address at the present time?

Mr. President: If that is satisfactory, then, Judge Ellis, we will hear your address at the present time, or at whatever time you wish to arrange.

Judge Ellis: Mr. Chairman, and Gentlemen of the Association: What I shall have to say can hardly be dignified with the term “address.” It is simply intended as a statement of the court's work and manner of procedure.

(Reads address, which received applause. See Appendix.)

Mr. President: The meeting will stand adjourned-Pardon me; Mr. Reeves, I believe, has a statement to make.

Mr. Reeves: We want to have an early dinner this evening, and promptly at six o'clock we will have automobiles at the hotels to show the visitors, both ladies and gentlemen, around the valley. It is desired to start promptly at six o'clock and return promptly at eight. At nine o'clock there will be a smoker here in this hall for the visiting members of the bar. We are going to have some cigars and some ice-water and some other things, and the king of story-tellers of the entire world will be here to entertain you. At 8:45 there will be an informal lawn social given by Mrs. Reeves and myself, at our residence on North Mission street, for the ladies only. Automobiles will call at the hotels and other places, if the ladies are stopping at private residences here, and take you to the place of entertainment and also return you safely home.

Mr. President: The meeting will stand adjourned until 1:45. Gentlemen, we will have this committee's report to take up, and I would like to have you here promptly at that time as possible.


Pursuant to adjournment, 1:45 o'clock p. m. Mr. President: The meeting will come to order.

The business before the house is the amendment of Mr. Sumner to the motion of Mr. Post relative to the adoption of the first section of the Report of the Committee on Judiciary and Judicial Administration. Any further remarks on this? There are a number of gentlemen espousing this report and possibly the committee still have something to present, and we will have to get along.

Mr. Burcham: I understand the ruling of the President that the motion if defeated, would still leave the main question open for debate?

Mr. President: Yes, sir, it would.

Mr. Burcham: I am going to state the only point I have in mind, and I do not know that I care especially to put it in the form of a motion. The amendment proposed by Mr. Post's report is that such intermediate appellate courts be created as, in substance, the legislature may provide for. Now, the point I wish to call his attention to is the use of the words "the legislature may provide for” there will create a discrimination in our system of law. We have adopted a constitutional amendment by which the initiative and referendum were incorporated into our system, as part of our legislative machinery. I do not mean at all to allege that the right way to create an appellate court, or any other court, would be by way of the initiative and referendum, but I doubt the advisability of creating any discrimination. I am of the opinion that the suggestion of Mr. Post would be better phrased, and I would like to see it adopted if it were amended to read that “There shall be such appellate courts as might be created by law.” That would make it harmonize with the Constitution as we now have it.

Mr. Nash: I would ask that the question before the house be stated.

Mr. President: The question before the house is the amendment to Mr. Post's motion, and the amendment was by Mr. Sumner to the effect that the recommendation of the committee as to this first section of the report be rejected; that is, that the Constitution be not amended so as to enable the legislature to create other courts inferior to the Supreme Court. Any further remarks? If not, the question is now on the amendment of Mr. Sumner to the motion of Mr. Post. The amendment is that the report and recommendation of the committee be rejected. All those in favor say aye; contrary, no. The noes have it. The amendment is lost. The question is now upon the original motion. All those in favor of the original motion, that the report be

be adopted, say aye, contrary, no. The ayes have it, and the motion is adopted. The next section.

Mr. Secretary: I was just going to say that I assume that this and several others that follow, merely conform with the original.

(Rest of Part I of report was read by the Secretary and adopted.

(Part II was read by Secretary.) Àr. Arthur: Move its adoption. The motion received a second.

Mr. President: If you will permit me just a minute. It seems to me that applies to our section of the country. I see no reason why a judge should have to work any harder in two counties than he would in one. We have two judges in our county. They would get four thousand dollars a year under that, if I understand it correctly. There are two or three counties on the Sound that would be in one district where the judge would not do half the work of our judges and they would get five thousand dollars a year. Now, it hardly occurs to me that that would be fair. We have two judges in our county who are busy all the time. I question if there are any other judges who have two or more counties who do any more work.

Mr. Arthur: Well, Mr. President, the legislature will consider all that. This is a general recommendation to them to raise salaries.

Mr. President: I know, but aren't we supposed to be the most accurate of all the professions ?

Mr. Post: When I drew that originally it provided that judges in counties of the first class should get five thousand dollars and all other Superior Court judges four thousand dollars, and that is what I am personally in favor of. I sent the report to Judge Holcomb and he made the interlineation about judges who had two or more counties and signed the report in that way, and then I signed it so as to have his

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