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Cash received for 26 members prior to July 15.
By cash paid to Treasurer August 7, 1896..
By cash paid to Treasurer November 21, 1896..
STATEMENT OF THE FINANCES OF THE ASSOCIATION.
By paid warrants Nos. 8, 9 and 10 as per vouchers..
To balance cash on hand
The Treasurer then presented his annual report which was, on motion of Mr. Leaming, adopted.
TREASURER'S ANNUAL REPORT.
N. S. PORTER,
July 21, 1897.
William A. Peters, in acc't with the Washington State Bar Association. 1896. To cash on hand as per last statement, June, 1896.
August 4. To warrant No. 8, N. S. Porter, Secretary..
The Secretary then read the annual report of the Executive Com. mittee, which was, on motion of Mr. Arthur, adopted:
REPORT OF EXECUTIVE COMMITTEE.
OLYMPIA, WASH., July 20, 1897.
To the Washington State Bar Association:
Your Executive Committee have the honor to report that since the last meeting of this Association it has been necessary for this Committee to hold but two meetings.
The first was held at the office of the President in Seattle on November 11, 1896. Those present were: Harold Preston, President; George Donworth, Vice President; Nathan S. Porter, Secretary; and William A. Peters, Treasurer.
The bill of the Secretary for expenses of printing proceedings of the session of 1896, amounting to $178.85, was audited, approved and ordered paid.
The Treasurer, Hon. William A. Peters, having $75.16 of money belonging to the Association on deposit with the Guarantee Loan and Trust Company at the time of its assignment to Jacob Furth on the 25th day of May, 1896, and having made good to the Association said amount from his own funds, it was unanimously voted that the Association assign its interest in said deposit to Treasurer Peters, in order that he may recover the same, if possible, from the assets of said company, for which purpose an assignment was executed by the President and Secretary, of which the following is a copy:
For value received, we hereby sell, assign, transfer and set over to W. A. Peters, his executors, administrators and assigns, all moneys of the Washington State Bar Association had on deposit with the Guarantee Loan and Trust Company, of Seattle, at the time of its assignment to Jacob Furth on May 25, 1896, to wit, the sum of seventy-five and sixteen one-hundredths ($75.16) dollars.
We hereby authorize the said W. A, Peters, in his name and at his sole expense and cost, to collect the same.
Attest: N. S. PORTER,
WASHINGTON STATE BAR ASSOCIATION,
Dated at Seattle, Washington, November 11, 1896.
The following subjects were selected upon which to prepare articles to
be read before the Association at its next meeting:
1. Philosophy of the Law.
2. Irrigation and Water Rights in Washington.
3. Mining Law.
4. Policy and Practical Effects of Usury Law.
5. Some Judicial Opinions-A Study.
6. Reminiscences of the Bench and Bar.
The following named attorneys were selected to write upon the foregoing subjects, which were assigned as follows:
1. To E. B. Leaming, of New Whatcom.
2. To Austin Mires, of Ellensburg.
3. To J. W. Feighan, of Spokane.
4. To W. H. Pritchard, of Tacoma. 5. To Ben Sheeks, of Tacoma.
6. To John P. Hoyt, of Seattle.
The Secretary was instructed to correspond with said attorneys in reference to writing articles on said subjects.
Also, to notify the chairman of each of the standing committees of the
Association that a report from his committee at the next meeting of the Association would be expected.
No further business appearing before the committee, it adjourned to meet at the call of the President.
June 11, 1897.
By order of the President, the Executive Committee met at the office of the President in Seattle.
Present: Harold Preston, President; D. J. Crowley, Vice President; George Donworth, Vice President; N. S. Porter, Secretary; Wm. A. Peters, Treasurer.
A program for the business of the Association was discussed and mapped out in accordance with notices to be issued by the Secretary. It was also considered that the standing committees should be required to give more attention to the subjects referred to them than heretofore, and make reports to the Association, and that more time be allowed to members for the discussion of the various subjects thus brought before the Association, so the number of articles to be read was limited to the number prescribed by section 4 of the by-laws-six. The matter of meeting place and accommodations were left to the local Bar Association. No further business appearing before the committee, it adjourned. Attest: N. S. PORTER, HAROLD PRESTON,
ELECTION TO MEMBERSHIP.
The following named attorneys were elected to become members of the Association.
A. L. Jacobs, Walter S. Fulton, George B. Hutchinson, Herbert B. Huntley, Thomas B. Hardin, Wilson R. Gay, Eduard P. Edsen, Eben Smith, John L. Neagle, C. A. Riddle, Howard B. Slauson, Henry W. Lung, Henry G. Parkinson, John P. Hartman, jr., and J. Lindley Green, of Seattle.
Hiram E. Hadley, Albert S. Cole, P. R. Kershaw, and O. B. Barbo, of New Whatcom.
Kirk Whited, Clyde Warner, and Carroll B. Graves, of Ellensburg.
C. W. Hodgdon, of Montesano.
O. R. Holcomb, of Ritzville.
J. C. Waugh, of Mount Vernon.
Mr. Arthur announced that Judge Hanford had tendered to the Association the use of the United States court room in which to
hold sessions, and moved that the Association adjourn to meet at the United States court room at 2 o'clock P. M.
UNITED STATES COURT ROOM,
SEATTLE, July 21, 1897, 2 P. M.
Meeting called to order by President Harold Preston.
MR. HUMPHRIES-Mr. President, after the President had read his address, the acting President called upon the members of the bar for remarks and discussion upon the address and nothing was said; and I do not know whether it would be taken by reason of the silence that the bar concurred entirely with the President upon that address or not, and I wish to state, without any argument, that we will consider it at such time as it can be taken up; that I do not agree with the President upon the proposition that in making a mortgage or a note, or at the time of making the contract the appraisement laws can be waived, and I do not agree with the President that the right of possession can be waived or the right of redemption can be waived in the making of a mortgage. I take the position that those statutes were made for the benefit of the improvident or thoughtless debtor, and that it is not lawful for him in the contract of mortgage or note to wave it; and at such time as the bar can hear it I would like to discuss those matters, but not at this time, as it would be out of order.
THE PRESIDENT—I take it that discussion on the matter would be in order later in the program.
Mr. Leaming then read before the Association his paper on the subject of "Philosophy of Law." (See Appendix.)
THE PRESIDENT - One of the features of our recent meetings has been the discussion from time to time, as the program proceeded, of the papers read and reports made, and the time is now open for a discussion of the excellent paper you have just heard, and I hope with that in view you will feel free to indulge in such discussion.
There being no discussion at this time, the Committee on Jurisprudence and Law Reform submitted the following report:
REPORT OF COMMITTEE ON JURISPRUDENCE AND LAW REFORM.
To the Washington State Bar Association:
Your Committee on Jurisprudence and Law Reform respectfully report that at the last session of the Association a detailed schedule was presented of numerous defects in the laws. This report, together with the paper on probate procedure read by Judge Parker, resulted in the appointment of a special committee' to frame and present to the last legislature such matters of a general nature as needed legislative action. The legislature, however, passed only a small number of the bills thus presented, and it is to be regretted that Judge Parker's probate bill was among those failing of enactment.
Your committee is disposed to believe that under existing circumstances it would be unavailing to urge at present any further legislation than such as will naturally arise from particular emergencies.
From the earliest times our territorial and state jurisprudence has been of a desultory nature, consisting of scrap enactments borrowed mainly from other states, and it is the belief of your committee that the tendency has been more in the line of temporary expedients than with the view of maturing a permanent, logical and systematic body of laws. This may be illustrated by the fact that since the organization of the state, we have had three revenue acts with various amendments to all but the last, which is awaiting its turn at the next session. On eminent domain, we have seven or eight statutes rather than one general method of procedure adapted for all contingencies demanding the exercise of that right. Our road laws, oyster and fish laws, laws relating to municipal indebtedness, etc., and many others might be named as examples of crude unsystematic legislation.
From a conservative and prudential standpoint, we believe that our system of jurisprudence will be greatly improved by less legislation, and a more careful regard for the character of that necessary for enactment. Defective laws which we are familiar with are less obnoxious than more defective ones with which we must become familiar; and until we have reached that period of wisdom and prudence which is exhibited by better legislation than that which flows from our law givers, we feel constrained to advocate the application of the doctrine of laissez faire.
The phraseology of our laws and the conflicts and defects, resulting from hasty consideration of bills proposed to the legislature, suggest the importance of the adoption of some method whereby pending measures could be revised while in process of enactment. This has been accomplished in some of the states by the employment by the legislature of one or more eminent counsel, whose duty it is to revise and criticise all pend