Sigurd Wittusen to Richard Livingston. Louis Ushorwitz to Louis Hoffman. Ferdinand Charles Weilbacher to William Charles Lawrence. Gershem Showitzky to Louis Harrison. Isador Smilansky to Irving Smiley. Harris Sieradzki to Henry Sherman. Isador Radsiminsky to Edward I. Rodman. Abraham Rubenstein to Charles A. Robinson. Jacob Smoredinsky to Jacob Rodin. Della Gonorovsky to Della Gaynor. Stanislaus Bronislav Rucinski to Paul B. Bayer. Doubtless the reasons inspiring the change were innocent and possibly laudable, but it is evident that the identity of the original is lost in the substitute, and if no graver result follows so radical a change of name confusion as to parentage, relationship by consanguinity and affinity, and as to title to real property inevitably must result. Your committee suggests that the consideration of this question be referred to them by the Association to consider and report at its next annual meeting, refraining from a specific recommendation as the matter is for the first time brought to the attention of the Association. Reforms of the substantive law and of the procedure make their way slowly. The inertia of the profession, the ultra conservatism if not the timidity of the Bench, the difficulty of securing adequate consideration by the Legislature, the lack of knowledge of the importance and imperative necessity of reform upon the part of those whose duty it is to advise the executive, all tend to obstruct the simplification of the one, and the abolition of obsolete and harmful technicalities in the other. Notwithstanding these hindrances, there is a steady advance, and those of us who have enlisted under the banner of the reform will do well to inscribe upon it in golden letters that inspiring motto of Horace: Nil desperandum. January 19, 1912. A. T. CLEARWATER, J. MAYHEW WAINWRIGHT, LOUIS L. WAters, GEORGE H. COBB, THOMAS B. Cotter, JOSEPH G. Dudley, For the Committee. The President: Without objection the report will be received and filed. Francis Lynde Stetson, of New York: Mr. President, I move it be adopted and that the committee be authorized to proceed in accordance with its recommendations. The motion was duly seconded and carried. The President: Miscellaneous business is now in order. Israel Deyo, of Binghamton: Mr. President, I offer the following resolution: Resolved, that the Committee on Law Reform be directed to investigate and report to the Association at its next annual meeting as to whether there still remains under the modern conditions any necessity for longer retaining the constitutional and statutory provision which prohibits the compelling of a person charged with a crime from testifying on a trial, or on an investigation, and as to whether the rule that no presumption arises against a person charged with crime from the fact that he declines or refuses to testify in his own behalf on the trial, should not be abrogated and as to whether a reversal of the ancient rule still prevailing would not tend to the advancement of justice without imperilling the rights of innocent persons wrongfully charged with the commission of crime. The resolution was duly adopted. Henry C. White, of New York: Mr. President, a somewhat unfortunate personal experience, or several of them, have of late crystalized into a determination to present to this Association a resolution which has been, if not in words, at least in spirit, suggested to me by a number of members of the Bar particularly of this city. Great complaint has been made because of the fact that the obligatory publication of summons, citations and legal notices is often directed to be made in papers which perhaps do not promise that it shall reach the people to whom notice should be given. I offer the following resolution: Resolved, That it be referred to a special committee of five members, to be appointed by the President, to investigate the subject of the publication of summons, citations and legal notices, the cost of such publications, the newspapers in which such publications are customarily ordered to be made, the circulation of the papers, and any questions properly connected with this subject and report the result together with the committee's recommendations to the Association at its next meeting. Francis Lynde Stetson, of New York: That is a pretty large contract. Henry C. White, of New York: I should assume any committee that was appointed might perhaps use sufficient discretion as to what is needed. The resolution was duly adopted. Grenville M. Ingalsbe, of Hudson Falls: Mr. President, this Association has done great work along the line of simplification of procedure during the previous years which culminated last year in the admirable paper presented by Judge Rodenbeck, and this year by the instructive and charming address by Governor Baldwin, of Connecticut, and Mr. Justice Riddell, of Ontario. If we allow the matter to drop here nothing really will have been done, no result will have been reached, and it seems to me that we should take some action here so that something may be accomplished in the line of the addresses we have listened to. It is well known to the members of the Association that last year there was an Act passed by the Legislature providing for the reference of this matter to the Board of Statutory Consolidation. That Act was passed by the Legislature, but was vetoed by the Governor, not because he was opposed to the terms of the Act, but because of lack of money in the treasury to meet this with other expenditures which he really favored. I move this resolution: Resolved, it is the sense of this Association that it is desirable that the Board of Statutory Consolidation should be authorized by law to examine and report to the Legislature of 1913, a plan for the classification and simplification of the practice in the Courts of this State, and we advocate the introduction and passage by the Legislature of a bill providing for such authority. The resolution was duly adopted. Virgil K. Kellogg, of Watertown: Mr. President, it is a very anomalous condition, but the old Session Laws of the State are entirely without an adequate index, and to attempt to find successfully all the legislation upon any given subject in those Session Laws is like looking for a needle in a hay mow. For instance, the statute authorizing the building of the old capitol at Albany was inserted in a bill entitled an act making a provision for improving Hudson River below the city of Albany and for other purposes. I can conceive of nothing that would result in greater benefit to the legal fraternity than that an adequate and thorough index of the Session Laws should be made. It will require an appropriation to that end, and I believe if this Association asks the Legislature to make a small appropriation that it will be made. I, therefore, offer this resolution: Resolved, that a complete and thorough index of the Session Laws of the State should be made. That the Legislature be asked to provide therefor, at the present session, and that a committee of the Association be appointed to aid in securing the same, and I move the adoption of the resolution. The resolution was duly adopted. Henry V. Borst, of Amsterdam: Mr. President, I think we should take some action in reference to the hospitality which has been extended to us |