PROCEEDINGS OF FIRST ANNUAL MEETING

JANUARY 2, 1901.

The meeting was called to order by the President in the Supreme Court room in the Capitol at Lincoln. The minutes of the meeting of September 18 were read and approved. The Council recommended the following persons for membership and, there being no objection, they were elected under the provisions of the constitution: G. Norberg, Holdrege; W. F. Gurley, Omaha; A. R. Olson, Wisner; D. A. Campbell, Lincoln; A. N. Sullivan, Plattsmouth; O. E. Martin, Wakefield; A. N. Ferguson, Omaha; C. N. Powell, Omaha; R. R. Horth, Grand Island; R. C. Glanville, Grand Island; Norris Brown, Kearney; H. M. Sinclair, Kearney; L. H. Blackledge, Red Cloud; Fred W. Vaughn, Fremont; H. C. Vail, Albion; W. M. Morning, Lincoln; J. N. Kilian, Columbus; W. H. Hayward, Nebraska City; John A. Ehrhardt, Stanton; and F. M. Hall, Lincoln.

Thereupon the President read his address. (See Appendix.) On motion of Mr. Whedon the Secretary was directed to print the address and distribute it to the members of the Association.

Mr. Sawyer reported several proposed bills for the Committee on Law Reform. Mr. Breckenridge did the same for the Committee on Judicial Administration and Remedial Procedure. Mr. McHugh, for the Committee on Legislation Affecting the Profession, reported a proposed bill for the relief of the Supreme Court. Each bill proposed had been printed prior to the meeting, and copies were distributed.

Two proposed bills for the appointment of a Supreme Court Commission having been recommended, the one by Mr. Sawyer's committee and the other by Mr. McHugh's committee, Mr. Gering moved that the bill reported by Mr. Sawyer's committee be adopted as the bill approved and recommended by the Association.

Mr. Robbins moved as a substitute that a vote be taken on the following three propositions: (1) Whether the Association recommend the appointment of commissioners or referees; (2) if so, how many; (3) what name should be given them-which was

carried. The first question was then put and carried unanimously. Upon the second question, Mr. Robbins moved to recommend six commissioners. Mr. Breckenridge moved to amend by substituting nine for six. Mr. McHugh, Mr. Robbins, and Mr. McCandless addressed the Association with respect to this motion, and a communication from the Omaha Bar Association upon the subject was read by the Secretary.

Mr. Breckenridge's amendment was adopted, and the motion as amended carried.

Upon the question whether to recommend commissioners or referees, Mr. Davidson, Mr. Simeral, Mr. Breckenridge, and Mr. Gering addressed the Association.

On motion of Mr. Gering a standing vote was taken upon this question, at which 27 voted for commissioners and 17 for referees. Mr. Matters moved that all political qualifications be omitted from any proposed bill, which was seconded by Mr. Simeral and carried. Mr. Greenlee moved that the Association approve the provision of the bill recommended by Mr. Sawyer's committee, prohibiting the proposed commissioners from practicing during their terms of office, which was adopted.

On motion of Mr. Loomis, seconded by Mr. Gaslin, the provisions of the proposed bill, with reference to the qualifications of commissioners, were altered by providing that they have the qualifications of judges of the Supreme Court.

Mr. Wright moved that the several propositions adopted be incorporated in the bill proposed by Mr. McHugh's committee, and that the bill so amended be approved and recommended by the Association, which was seconded by Mr. Searle and carried.

On motion of Mr. Reese, the bill was recommitted to Mr. McHugh's committee to be redrawn.

On motion of Mr. McHugh, seconded by Mr. Strawn, the bill recommended by Mr. Hastings' committee, with reference to the writing of opinions by judges of the Supreme Court, was taken up for consideration. The proposed bill was discussed by Mr. Reese and Mr. Strawn and was recommended by a vote of 20 ayes and 13 noes. (See Report of Committee on Legislation in Appendix.)

On motion of Mr. Reese, seconded by Mr. Strawn, the Secretary was directed to furnish copies of the President's address, when printed, to the members of the legislature.

On motion of Mr. Strawn, the proposed bill as to the time of taking error proceedings was brought up for consideration.

Mr. Matters spoke in opposition.

Mr. Hartigan moved to amend by fixing the time for taking appeal and error at six months from the adjournment of the term at which the judgment was rendered, which motion was seconded by Mr. Matters. Upon this subject Mr. Breckenridge, Mr. Hartigan, and Mr. Loomis addressed the Association. The amendment was

defeated.

Mr. Loomis then moved to refer the matter to the Committee on Legislation, instructing them to draft a bill reducing the time of taking error proceedings to six months from the date of the judgment, which was carried.

Mr. Foss moved to instruct the committee to draw a bill fixing the return day of summons in error at thirty days from the filing of the transcript, which was seconded by Mr. Searle and carried.

Mr. Wright moved that the bill recommended by Mr. Hastings's committee, with reference to the provisions of supersedeas bonds, be approved and recommended to the legislature. (See Report of Committee on Legislation in Appendix.)

Mr. Greenlee, Mr. Whedon, Mr. Strawn, Mr. Morning, Mr. Hartigan, and Mr. Robbins spoke upon this question. The motion was carried.

Mr. Strawn moved that a bill be recommended enabling the Supreme Court to pass on pending causes in such order as it deemed most advisable, which motion was seconded by Mr. McHugh. Mr. Whedon and Mr. Matters spoke in opposition.

The motion was defeated.

Mr. Strawn moved to adopt a bill reported by Mr. McHugh's committee, providing for the permanent relief of the Supreme Court.

Mr. Whedon moved to amend by recommending a salary of $5,000.

Mr. McHugh moved as a substitute for this that all provisions for salary be stricken out and in their place a provision be inserted that the judges have such salary as the legislature might fix. Upon this subject Mr. Whedon, Mr. Byron Clark, and Judge Letton addressed the Association.

Mr. McHugh's amendment was agreed to.

Mr. Loomis, Mr. Robbins, Mr. C. L. Richards, and Mr. Davidson addressed the Association upon the substitute for Mr. Whedon's amendment, and the amendment as substituted was adopted.

Mr. Strawn's motion then coming up, Mr. Loomis addressed the Association with reference thereto, and it was carried.

Mr. Davidson moved that the legislature be asked to submit a constitutional amendment to the people fixing the salary of district judges and judges of the Supreme Court at $3,500.

Mr. Whedon moved to amend by changing the salary of the judges of the Supreme Court to $5,000.

Upon this subject Mr. Wright, Mr. Matters, Mr. Davidson, and Mr. Robbins addressed the Association.

On motion of Mr. Robbins, the whole matter was laid on the table.

Mr. Breckenridge, on behalf of the Council, submitted the following nominations for officers for the ensuing year: For President, W. D. McHugh; for Vice-Presidents, Francis Martin, A. D. McCandless, and O. A. Abbott; for Secretary, Roscoe Pound; for Treasurer, S. L. Geisthardt. On motion of Mr. Whedon, the report was adopted and the President cast the unanimous ballot of the Association for the officers nominated. Afterwards, on motion of Mr. Breckenridge, Mr. Sawyer was unanimously reelected a member of the Council.

On motion of Mr. Wright, seconded by Mr. Sawyer, all further recommendations of the several committees were referred to a committee of five to be appointed by the President for the purpose of drawing bills and presenting them to the legislature.

Whereupon the Association adjourned.

Afterwards the President appointed a special Committee on Legislation as follows:

R. W. Breckenridge, Norris Brown, W. G. Hastings, Ed P. Smith, C. L. Richards.

The Council appointed January 9, 10, 1902, at Omaha, as the time and place of the next meeting.

PROCEEDINGS OF THE SECOND ANNUAL MEETING JANUARY 9, 1902.

The meeting was called to order by the President at 3:00 P.M. on January 9, 1902, in Court Room Number 1, in the Court House at Omaha. One hundred and eighteen members were present.

The President, Mr. Wm. D. McHugh, read his address. (See Appendix.)

Mr. McIntosh thereupon offered the following resolution:

"Resolved, That the Nebraska State Bar Association has heard with deep interest the annual address of its President, and cordially approves the sentiments expressed therein, but especially commends and endorses that portion disapproving of the common practice on the part of the judges of our courts of participating in party politics."

A motion to adopt this resolution was seconded by Mr. Davidson and was carried unanimously.

The special Committee on Legislation presented a written report (see Appendix), which, on motion of Mr. Woolworth, was received and placed on file.

The minutes of the preceding annual meeting were read and approved.

Messrs. McIntosh and Strickler were appointed Auditing Committee to pass on the report of the Treasurer, and thereafter reported, approving it in all things.

Messrs. Wright, Gurley, and Davidson were appointed Committee on Resolutions upon the death of Judge Powell and Mr. Strawn. Mr. Wright offered the following resolution:

"Resolved, That it is the sense of this Association that all the opinions of the Supreme Court and of the Supreme Court Commissioners should be published, and we hereby earnestly request the court to authorize the publication of all such opinions, including those heretofore rendered but not yet published."

A motion to adopt this resolution was seconded by Mr. Burbank. Messrs. Hamer, Breckenridge, McPheeley, and Breen spoke favoring the resolution. It was carried unanimously.