qualify themselves to practice law, I know of no just reason why they should be debarred, or why they should not follow this as well as any other lawful occupation.

Now, a word as to the

STATE UNIVERSITY.

At our last meeting, a motion was carried that it was the sense of this Association that a law department should be established in said University as a public necessity.

At the present time, this cannot be carried out for lack of a sufficient appropriation, but I believe we should exert ourselves to the end that the next Legislature will take the proper steps in this direction. We should also see that the requirements and standard of education shall be sufficiently high to command universal respect and esteem. The persons who seek to graduate, in addition to a proper general education, should be required to take a three years' course in the law department. This is the standard that is being adopted and advocated by the best law schools in the country. I do not believe any other system of training for this profession is equal to a thorough course in the law school. I also believe that the law school should be a part of the University system, not separated from it, and that the chairs should be filled by competent teachers, not by old, broken-down, lifeless lawyers, who cannot earn a living by their profession, and who are opposed to any advance or change from the method of their youth, nor by young men who know nothing of the methods of teaching, but who fill the position for want of something else to do-for what there is in it.

Anything that will tend to a better preparation and education for those to be admitted to practice law should be hailed by the profession and should receive our hearty coöperation.

Another suggestion which I desire to make, for the consideration of the bar at this time, is to alter our By-Laws in regard to

DISCIPLINE.

At present this is confined, so far as we are concerned, to the members of the Association, but if we go back to the second article of our Constitution, we find that we are banded together

to "uphold and advance the standard of integrity, honor and courtesy in the legal profession." It seems to me to be as much a part of our duty in that regard to see that all members of the bar in this State live up to the standard, as it is to see that the members of this Association do so. I therefore suggest such amendment to our By-Laws as will require the Committee on Grievances to examine into all cases where complaint is made, as now provided, and if there is probable cause that the charges are well founded, to assist the prosecuting officer in proper proceedings to disbar or discipline the offending. attorney. Unless it is made the official duty of some one to prosecute such cases, unworthy bar members will continue their nefarious practices, to the scandal of the profession.

In the same direction I would abolish or correct the present

AFFIDAVIT NUISANCE.

At present, affidavits are required at every step in a case, and many cases are tried on ex-parte affidavits alone, without opportunity for cross-examination, and in many cases without the party subscribing them knowing what they contain. They virtually say, "Draw it up like a lawyer and I will swear to it like a man." Too much of this begets a recklessness in taking oaths regardless of the facts.

I would also suggest that all attorneys be required, before filing demurrers or motions, to certify that they believe them to be well founded. This would do away with many time demurrers and frivolous motions, occasioning long and unnecessary delays, and tending to beget a disrespect and contempt for the law.

Another evil that is within the province of this Association to remedy is the granting of

PASSES TO LEGISLATORS AND JUDGES.

At present, every member of the State Legislature, and every judge who will accept one-gets a free railroad pass. Why? Not because the railroad companies have any particular love for the individual, whom they generally do not know, but because they know, by experience, that a party so taking a

pass will be likely to be at least friendly to them. Many who thus accept passes would scorn an open bribe; but it is a bribe, and a very cheap one, nevertheless, and as a result railroad companies can generally obtain or prevent legislation at will. The remedy is to require the State to furnish to all legislators and judges, when traveling on official duty, actual transportation, not an allowance of mileage. The State has to pay for it in the end, and pay very dearly at that, and it would be much cheaper and better to do it directly, and prevent the law-makers and judges from being under obligations. Connecticut has passed such a law with very beneficial results.

There are other matters that we should discuss and act upon, such as the present rules of the United States Circuit Court of Appeals requiring all records and briefs to be printed by the Clerk, thus entailing great additional expense and inconvenience. A proper law should also be passed providing for Court stenographers, and steps should be taken looking to the incorporation of this Association.

I also trust that during this meeting suitable representatives wil be chosen to attend the meeting of the American Bar Association. We do not seem to appreciate the importance of this organization to the profession. It is yearly grappling with the greatest questions of reform that should interest all lawyers, and by its influence and exertions many wholesome reforms have been accomplished. This Association should name a representation that will attend, and assist in this work.

Finally, let us hope that each member who attends this meeting will be benefitted and instructed, and that we will all endeavor to carry out in spirit that part of our Constitution requiring us to cherish a spirit of brotherhood among our members.

Has any member any bitterness in his heart towards another? Let him put it away here forever. Have we spoken disrespectfully or slightingly of each other? Let it be forgotten. Let each succeeding session mark the end of all hard feelings; let all old wounds be healed, and old animosities buried, so that each shall be able to truthfully say, "I feel that it is good to be here."

PRACTICE AND PROCEDURE IN THE STATE OF WASHINGTON.

BY HON. GEORGE TURNER, OF SPOKANE.

It is the result

Our practice act is cumbersome, burdensome and vexatious beyond any that I have knowledge of. The mountain of needless labor that it imposes upon a lawyer in full practice is appalling. The opportunity that it gives for causeless and vexatious delay is a just reproach to the law. of forty years of legislative patch-work-each patch being of different color and material, and put on apparently in great, incongruous splotches, without reference to any necessity for repairs. The system with which we started,-namely, that provided by the Practice Act of 1854,-while consistent and philosophical, is one which imposed a maximum of labor with a minimum of profit. Each succeeding addition to the provisions of that act has increased the labor without adding to the profit. Unless life is to become and remain an unbearable burden to the members of the bar, the system must be radically changed, so that, without diminishing the benefits which it is supposed to confer in the administration of the law, the ordinary practitioner may have some time to give to the substantial merits of the litigation entrusted to his care.

The first thing that strikes one familiar with our Courts is the great number and variety of motions and proceedings which may be resorted to for the purpose of delaying the progress of the cause, and the exceedingly laborious manner provided for initiating them and bringing them to a hearing. One starts in with the motion to quash the process; then follows with a motion to quash the return of service; then with a motion for a bill of particulars; then with a motion to make the bill of particulars definite; then with a motion for judgment because the bill of particulars is not definite; then with a motion to strike the complaint; then with a motion to strike from the complaint; then with a motion to make the complaint

definite and certain.

The monotony of this course of procedure is often relieved by the filing of interrogatories; the bringing of contempt proceedings for not answering interrogatories; motion to make answers to interrogatories full and complete; motion to strike out answers to interrogatories because, not responsive; and motion for judgment because the answers to interrogatories are not sufficiently full and definite. If at last the demurring stage is reached, it is found that we have seven grounds of demurrer, and one of our learned judges, I am informed, has lately held that these grounds may be taken seriatim until all are exhausted.

I have not mentioned the interminable variety of motions addressed to proceedings ancillary to the main suit. I remember, in my own practice, being called before each of the judges of this county in succession to defend the jurisdiction of the Court to appoint a receiver prior to the service of process, and having succeeded before each of them, individually, was finally called before the entire array, sitting en banc, to argue the question over again. This consumed some two months of time and an infinite amount of patience.

After demurrer, the cause progresses to an issue of fact with reasonable dispatch, unless the defendant has succeeded in turning the tables by counter-claim or cross-complaint, in which case the plaintiff, in his turn, runs the gamut of dilatory motions and proceedings.

of

But one gets a very inadequate idea of the labor involved, the nerve force expended, by a mere recital of these successive and multifarious steps. The ingenious legislator who framed the latest addition to our Practice Act evidently thought that the members of the bar needed additional labor as a salutary discipline. It was not enough that one should be immersed in motions, demurrers, demands, etc.-the result of the energy a multitude of active brothers-he, himself, must put his shoulder to the wheel if they were ever to be heard. In each case notice in writing must be served on the adverse party that the motion, demurrer, or what-not, filed by him, will be called for hearing on the next succeeding law-day. Notice in writing must then be served on the clerk that the adverse party has been served, and requiring the clerk to docket the matter for