J. Mayhew Wainwright, of Rye:

Mr. President, I desire to make this one observation in regard to Judge Clearwater's motion, that I am afraid if that prevails that the action of the Association will probably be after the fair, because it is very probable that a constitutional amendment of some sort will be passed at this session of the Legislature.

William B. Hornblower, of New York:

There is another one.

A. T. Clearwater, of Kingston:

Mr. President, perhaps we had better test the opinion and feeling of the Association now without further debate, and in order that we may get a very decisive opinion of expression upon the part of the Association I withdraw the amendment which I just offered.

Willard B. Van Allen, of Carthage:

Then I offer my amendment.

The President:

The amendment is renewed, and the question will be upon the amendment striking out the authority of the committee to do anything.

Theodore Sutro, of New York:

Mr. President, I would like to say one or two words. I hope the amendment will not prevail. I think this proposed committee can accomplish fully what would have been intended by the substitute resolution that Judge Clearwater offered. This committee can invite members of this Association before it to express their

views with reference to any legislation that may be proposed. The main thing in this whole discussion, that I have listened to, is that the Association does something There are three constitutional amendments covering the subject pending before the Legislature, and I certainly think the State Bar Association ought to be heard through a competent committee. I urge the Association to adopt the original resolution and vote down the amendment.

The President:

The question is upon the amendment, striking out the clause conferring power upon the committee.

favor will say aye.

Division was called for.

The President:

All in

All in favor of the amendment striking out the power of the committee will rise and be counted.

After counting the number rising in the affirmative and calling on those opposed to rise, the President said: Evidently a very large majority is against the amendment. The question is upon the resolution. favor of the resolution will say aye.

The resolution was duly adopted.

Francis Lynde Stetson, of New York:

All in

Mr. President, may I offer this resolution in addition. I desire to offer this further resolution as now indicating the attitude of the Association upon the general question, and the committee will be guided by the action the Association now takes:

"Resolved, that this Association is in favor of the amendment of the Constitution so as to permit a prac

ticable Workmen's Compensation Act; and that the committee, as enlarged, be charged with the duty of inspecting the amendments to that end introduced in the Legislature and to make to the Legislative Committees such suggestions regarding the form thereof as seems to be required to make it effective and consistent with the substance and spirit of the existing limitations of the Constitution.

A. T. Clearwater, of Kingston:

I second the motion.

The resolution was duly adopted.

Frederick B. Campbell, of New York:

Mr. President, I move that Mr. P. Tecumseh Sherman be elected to membership in this Association and made a member of the committee. Mr. Sherman was a member of the City Association Committee, but does not appear to be a member of this Association.

Alfred B. Cruikshank, of New York:

I move Mr. Hornblower be added to that committee.

William B. Hornblower, of New York:

I object.

The President:

It is moved Mr. P. Tecumseh Sherman be elected a member of this Association and a member of this committee.

The motion was duly carried.

The President:

It is moved that Mr. Hornblower be added to the committee.

The motion was duly seconded and carried.

The President:

The report of the Committee on Law Reform is now in order.

A. T. Clearwater, of Kingston:

Mr. President, it seems to the members of the Committee on Law Reform a happy coincidence that the report of that committee should follow the interesting address of Mr. Justice Riddell, of the Province of Ontario. If we had here a full gathering of the Association I should say it was more than a felicitous coincidence, that it was one of the minor dispensations of Divine providence. The committee, during the year, as during two preceding years, co-operated with the Committee on Law Reform of the Association of the Bar of the City of New York. Thinking that more would be accomplished by a united effort, a divided effort often leading to those antagonisms which the perversities of the profession sometimes give rise to. Of the bills which were presented to the Legislature seventeen became laws. This report is too voluminous to read at this late hour, and I will but run over the more important bills which the two committees recommended and which the Legislature passed and the Governor signed:

Chapter 509 of the Laws of 1911 abolishes the double trial in ejectment, a matter for which we struggled for years. One Legislature passed it, the Governor of the State vetoed it because an attorney-general had been twice beaten in an action of ejectment and wanted to take a third whack at the unfortunate defendant.

Chapter 574 of the Laws of 1911 supplies a defect in our laws and permits the discharge and satisfaction of a mortgage upon a deposit of the amount due in Court.

Chapter 599 provides for the satisfaction of a judgment in the same way.

Chapter 631 authorizes a foreign executor or administrator to sue upon giving security for costs, or to be sued in this State in the same manner and under like restrictions as a non-resident. An important amendment.

Chapter 667 provides that in non-capital criminal cases the case on appeal shall consist of the stenographer's minutes in question and answer instead of an abstract in narrative form. The committee is of the opinion that the principle of that act should be extended to civil cases.

Chapter 763, an important measure of practice, provides for an omnibus motion somewhat like the English practice authorizing the substitution of an affidavit wherever a petition heretofore has been necessary, and provides, following the example of the Province of Ontario, that on the hearing of the motion relief shall not be denied because of technical defects or insufficiency in the moving papers, and that such defects can and must be cured nunc pro tunc unless the rights of third persons intervene.

Chapter 781 provides that on the taking of a deposition before trial, corporate books and papers may be produced, offered and received in evidence in addition to their present use by a witness to refresh his memory. It is unnecessary to call to your attention how emphatically the wisdom of that statute has been demonstrated in a recent cause celebre.

Chapter 569 increases the jurisdiction of the City Court of this city from $2,000 to $5,000, and confers upon it the power of naturalization. It is believed that this will greatly tend to relieve the congestion of the Supreme Court.