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Constitution, By-Laws, Roll of Members 
 and Proceedings 
 
 OF THE 
 
 Kentucky State Bar Association, 
 
 <2y<;> 
 
 At its Meeting Held in Louisville, Kentucky, 
 November 19, 1901. 
 
OFFICERS 
 
 OF THE 
 
 KENTUCKY STATE BAR ASSOCIATIOlN. 
 
 PRESIDENT. 
 W. H. MACKOY Covington. 
 
 VICE-PRESIDENTS. 
 
 JAMES CAMPBELL Paducah. 
 
 J. S. WORTHAM Leitchfield. 
 
 L W. TWYMAN ^ Hodgenville. 
 
 E. J. McDERMOTT 1 Louisville. 
 
 D. L. THORNTON ^ Versailles. 
 
 JAMES C. WRIGHT __|^ Newport. 
 
 THOMAS BROWN ^___JP_ Catlettsburg. 
 
 TREASURER. 
 T. KENNEDY HELM, Louisville Trust Building Louisville. 
 
 SECRETARY. 
 BERNARD FLEXNER, Kentucky Title Building Louisville. 
 
 STANDING COMMITTEES. 
 
 EXECUTIVE COMMITTEE. 
 
 C. J. HELM Newport. 
 
 R. S. HOLMES - Covington. 
 
 GEORGE WASHINGTON Newport. 
 
 R. A. THORNTON ■- Lexington. 
 
 F. W. MORANCY : Louisville. 
 
 AND THB PRESIDENT, TREASURER AND SECRETARY, EX-OfFICIO. 
 
 COMMITTEE ON LAW REFORM. 
 W. O. HARRIS, Chairman, Louisville. 
 
 JOHN D. CARROLL-.: Newcastle. 
 
 J. A. SULLIVAN Richmond. 
 
 LOUIS McQUOWN Bowling Green 
 
 MALCOLM YEAMAN Henderson. 
 
 EMMET M. DICKSON ' Paris. 
 
 M. L. HARBESON Covington. 
 
COMMITTEE ON LEGAL EDUCATION AND ADMISSION TO 
 
 THE BAR. 
 
 HEIvM BRUCE, Chairman, Louisville. 
 
 E. S. JOUETT Winchester. 
 
 W. O. DAVIS Versailles. 
 
 JOHN L. DODD 1 Louisville. 
 
 FRANK M, TRACY Covington. 
 
 JOHN B. BASKIN Louisville. 
 
 J. P. O'MEARA Elizabethtown. 
 
 COMMITTEE ON MEMBERSHIP. 
 JAMES QUARLES, Chairman, Louisville. 
 
 JOHN M. GALLOWAY Bowling Green. 
 
 J. R. SAMPSON Middlesboro. 
 
 GEN. D. W. LINDSEY Frankfort. 
 
 THOMAS D. THEOBALD Grayson. 
 
 BUCKNER CLAY Paris. 
 
 CHARLES Mcdowell Danville. 
 
 COMMITTEE ON GRIEVANCES. 
 
 SAMUEL M. WILSON, Chairman, Lexington. 
 
 CHAPESE WATHEN Owensboro. 
 
 RICHARD W. MILLER Richmond. 
 
 W. M. REED Paducah. 
 
 FIELD Mcleod Versailles. 
 
 FRANK STRAUS Louisville. 
 
 L. C. WILLIS Shelbyville. 
 
 COMMITTEE ON NECROLOGY. 
 C. B. SEYMOUR, Chairman, Louisville. 
 
 C. U. MCELROY Bowling Green. 
 
 BERNARD FLEXNER Louisville. 
 
proceedi:n^gs. 
 
 Pursuant to call, various lawyers from different parts of 
 Kentucky assembled in the joint Session Hall of the Louis- 
 ville Court House on November 19, 1901. The meeting was 
 called to order by Mr. E. J. McDermott, of Louisville, as 
 follows : 
 
 In behalf of The Louisville Bar Association, gentle- 
 men, I welcome you. This association and the Covington 
 Bar Association have called this meeting in the hope that a 
 useful and permanent State association may be established. 
 We have not forgotten the wrecks of the past. We do not 
 deceive ourselves with Utopian dreams of future power and 
 glory. We know the difficulties, but we feel that we can 
 accomplish at least a little in a field wherein the lawyers of 
 other States have done much. What Ohio, Indiana, Illinois, 
 New York and the other States have done we can do. We 
 are behind them in some things, but we are not by nature 
 incompetent to deal with the organization of the bar and the 
 reform of palpable evils in the administration of justice. In 
 some of the best States such associations have flourished for 
 twenty years and have brought about practical reforms. If 
 we can exist for five years, we shall greatly benefit the State 
 and our profession. 
 
 We certainly need to take counsel together. The status 
 of the bench and bar can not be regarded as gratifying by 
 any thoughtful lawyer among us. In the first place, the 
 method of examining and admitting lawyers to the bar is 
 absurd. Six months' study of the code and statutes and a 
 few elementary books will admit anybody into our ranks. 
 It takes more time than that to become a carpenter or a 
 plumber. The doctors of our State by their organization 
 have made it now almost impossible for a quack to degrade 
 their profession by humbugging the public. The law was 
 once thought to be a learned profession. Can it be so con- 
 sidered here now ? How can we make any advance in our 
 eflForts to give efficiency and dignity to our calling unless we 
 guard its entrance against ignorance ? Instead of allowing 
 every Circuit Judge in the State to appoint examiners to go 
 through the farce of asking applicants the A, B, C's of the 
 law, we should have a State Examining Commission of good 
 lawyers, selected by the Court of Appeals or a State Bar 
 
Association, with power to prescribe tests suitable to show that 
 every applicant has a reasonably thorough knowledge of the 
 law and a good character. 
 
 In the second place, we should see to it that, after fit 
 men are admitted to the bar, they shall conduct themselves 
 as honest and reputable and self-respecting men should. If 
 we do not, by joint effort, make it unsafe to do' dishonest or 
 discreditable things, unbecoming a gentleman, we can not 
 hope that there will be any high standard of ethics at the 
 bar. We certainly can not expect the judges or private indi- 
 viduals to do this disagreeable but necessary task for us. 
 
 In the third place, many reforms are needed in the Code 
 and Statutes, and in practice. Most of the necessary changes 
 must be made by the Legislature, and if we could speak in 
 behalf of the bar and bench of the whole State, our recom- 
 mendations would, no doubt, be carefully considered and 
 probably be carried out. One of the deputy clerks here tells me 
 that three fourths of all the cases tried by juries in his court 
 are damage suits, and many of them, of course, are petty and 
 purely speculative ; and yet they crowd the docket and post- 
 pone other cases. Litigation of other kinds has probably 
 decreased on account of the expense and delay of suits. We 
 must find some means of making litigation cheaper and 
 speedier. Poor people are often excluded from the higher 
 courts by the costs ; and yet justice, on easy terms, should be 
 open to all. At the present time, immense records, costing 
 hundreds, even thousands, of dollars, are sent to the Court ot 
 Appeals, when the questions involved are few and simple. 
 We often do not dare to use selected parts of the record, for 
 fear that the Court of Appeals will affirm the case without 
 consideration, merely because it is subsequently thought that 
 some paper below, omitted by oversight, should have been 
 copied. There is no reason why we should not be able safely 
 and cheaply to send a small record to that court for consider- 
 ation, if that record will show all that is really necessary for 
 the decision of the case. That system would spare the 
 money of litigants and the time of the court. Even now, 
 in spite of the court's best efforts, it is behind in its docket ; 
 and yet litigants ought to have quick decisions, and in some 
 States do get their relief in one third the time required here. 
 
 The Legislature is about to meet. Whatever we want 
 must be presented at once; and surely we ought to be able to 
 
do something to elevate the bar and to help the bench and to 
 benefit the people. The main business of the State is to 
 preserve order and to administer justice ; and yet that 
 function of our government is not performed as it should be. 
 If we do our duty we can surely bring about long-needed 
 reforms and win the thanks of the public, while giving power 
 and dignity to our calling. Most of the laws of our country 
 are made, interpreted and administered by lawyers ; that is 
 our pride and boa.st ; and, as we have the power, we must 
 be responsible for its execution. Now that our Legislature is 
 limited to a session of sixty days, and legislation must be 
 discussed and perfected in advance, or be passed without 
 sufficient consideration, it is all the more important that we, 
 in advance, should give what help we can to improve the 
 laws governing the administration of justice by the courts. 
 If a litigant can not be heard quickly and at little cost, and if 
 crimes are not surely and promptly punished, we must share 
 much of the blame, and we ought to see to it that justice shall 
 be administered in this State as cheaply, as unerringly and as 
 speedily as in any State of the Union, or in any country on 
 the globe. 
 
 In conclusion I wish to ask you for nominations for 
 Temporary Chairman. 
 
 Judge Pirtle : I move that Judge Warren E. Settle, of 
 Bowling Green, be made Temporary Chairman of this meeting. 
 
 The nomination being seconded and a vote being taken, 
 was unanimously concurred in, and Judge Settle took the chair. 
 
 The Temporary Chairman : 
 
 Gentlemen of the State Bar Association : To say that I 
 am astonished at my selection to this position would but 
 feebly express my surprise. I thank you for the exceedingly 
 great compliment you have done me in making me Tempo- 
 rary Chairman of this meeting, for I regard it as a great com- 
 pliment indeed to preside over a body of able lawyers such 
 as I find before me to-day. 
 
 I am in full accord with the- aims and purposes of the 
 State Bar Association, or of the Association which is to be 
 formed by the lawyers of the State. I can present no better 
 evidence of this fact than to inform you that although my 
 own court at home is in session, I left it to-day for the pur- 
 pose of coming up here to be present at this meeting. There 
 is no question that an association of this kind can be made 
 
to result in incalculable good to the lawyers of the State, as 
 ■well as to the people of the State generally. If it accom- 
 plishes no other purpose, it will be well worth maintaining 
 because of the opportunity it will aflFord the members of our 
 profession throughout the State to meet for social intercourse 
 and mutual improvement. 
 
 But there are other ways in which an association of this 
 sort can accomplish great good, as has been intimated by the 
 gentleman who called this meeting to order. The members 
 of our profession all over the State know full well that there 
 are enrolled in its membership some who are unworthy of a 
 place in its ranks, not so much because of their ignorance of 
 the law as of their want of moral character. 
 
 It occurs to me that one of the greatest purposes for 
 which this organization should be maintained is to adopt 
 such measures as will restrain known or suspected persons 
 of that character from doing acts which are unprofessional. 
 
 In my judgment one of the first and most important 
 steps will be the adoption of measures that will secure an 
 elevation of the standard of admission to the bar in the 
 State. Lawyers are necessary leaders of thought and of men. 
 It has always been so the world over. It must continue so, 
 because in point of education and intelligence they are fitted 
 for leadership. It is their business to familiarize themselves 
 with the formation of government, with the relation of gov- 
 ernment to the governed and the relation of the laws to each 
 other. They, more than any other class, must directly par- 
 ticipate in administering the law, and they are therefore more 
 nearly concerned in all that affects the maintenance of pub- 
 lic order and public weal. There is no question in my mind 
 but that concert of action on the part of the members of the 
 bar of the State of Kentucky can bring about any needed 
 reform. I, therefore, think it is important that we should form 
 ourselves into such an association as is contemplated by this 
 meeting, in order that we might take such steps to correct 
 the abuses that exist in our State, and bring about those 
 legal and judicial reforms that are necessary for the good of 
 our people and for the good of our own profession. 
 
 Without extending my remarks, I again thank you for 
 the compliment you have done me, and we will now proceed 
 to such business as may be suggested. 
 
 Mr. J. P. Helm : I move that E. L. McDonald, of this city, 
 be made temporary secretary. 
 
This motion was seconded and was carried. 
 
 Mr. Mackoy : The next step is the appointment of a Com- 
 mittee on Constitution and By-laws, and I move the appoint- 
 ment of such committee. 
 
 The Temporary Chairman : Do I hear a second to that 
 motion ? 
 
 Mr. James P. Helm : I second it. 
 
 The Temporary Chairman : How shall that committee be 
 appointed ? 
 
 Mr. Mackoy : By the Chair. 
 
 The Temporary Chairman : You have heard the motion. 
 Are there any remarks ? 
 
 No remarks being offered, and a vote being taken, the 
 motion was carried. 
 
 Mr. McDermott : While the Chairman is naming his com- 
 mittee I have some letters and a telegram that I will read : 
 
 They were as follows : 
 
 Mt. Sterling, Ky., Nov. 19, 1901. 
 President of Louisville Bar Association^ Louisville^ Ky.: 
 
 The Mt. Sterling Bar this morning adopted resolutions 
 concurring in the Bar Association movement and will organ- 
 ize local branch. A. A. Hazelrig. 
 
 Greenville, Ky., Nov. 19, 1901. 
 E. J. McDermott^ Sec. Kentucky Bar Asso., Louisville, Ky.: 
 
 Regret can't be at meeting ; present my name for mem- 
 bership. JEP. C. Johnson. 
 
 Falmouth, Ky., Nov. 18, 1901. 
 Hon. E. J. McDermott : 
 
 Dear Friend : I had thought I would be present at the 
 meeting to-morrow for the forming of a State Bar Association, 
 but I find I can not come. I am anxious that such an 
 association will be formed. I will do anything in the future 
 in my power to help in the matter. I have not had time to 
 see the lawyers of this district yet, but will make an effort 
 to form a district association. You may count me in on 
 whatever is done. Yours truly, 
 
 Leslie T. Applegate. 
 
lO 
 
 The Temporary Chairman : I appoint as members of the 
 committee provided for : 
 
 W. H. Mackoy, of Covington, Chairman ; James S. Pirtle, 
 of Louisville; Frank P. Straus, of Louisville; John M. 
 Galloway, of Bowling Green, and Jerry Sullivan, of Richmond. 
 
 Mr. James Montgomery : It seems to me that it would be 
 proper to have an enrollment of those who wish to become 
 members of the Association, so as to know who can vote. 
 
 The Temporary Chairman : I presume that is eminently 
 proper. How can that be taken ? 
 
 Mr. Montgomery : We might call the counties. 
 
 The Temporary Chairman : That is all right, if any gen- 
 tleman will kindly furnish a list of the counties, but other- 
 wise some of them would be overlooked. 
 
 Mr. McDermott : If all the gentlemen will give their 
 names to the secretary, it will save time. Besides, we do not 
 know, until the committee reports, what formalities will be 
 necessary. 
 
 The Temporary Chairman: I think that is a good sug- 
 gestion. 
 
 Mr. McDermott : While we are waiting, I would like to 
 submit a letter from Judge DuRelle of the Court of Appeals. 
 
 The letter was read as follows: 
 
 Frankfort, Ky., November i8, 1901. 
 Hon. E. J. McDermott, Committeeman of Louisville Bar 
 Association^ Louisville^ Ky.: 
 
 My Dear Sir: I regret exceedingly that the condition of 
 the docket is such that I shall not probably be able to attend 
 the meeting next Tuesday for the purpose of forming a State 
 Bar Association. The purpose of the meeting has my heart- 
 iest approval and sympathy. It is a matter in which we are 
 far behind most of our sister States. 
 
 If a State Bar Association can be established, it can effect 
 great good in bringing to the consideration of the General 
 Assembly well-considered and carefully and accurately pre- 
 pared bills. The Association should, in my judgment, give 
 especial consideration to obtaining a uniform system of exam- 
 ination of applicants for admission to the bar, and to the sim- 
 
II 
 
 plification of records in cases brought to the Court of Appeals, 
 by securing legislative authority for the selection and 
 printing of those parts of the record which are necessary to 
 the decision of the appeal, and the exclusion of the "rubbish " 
 which, under the present system, is necessary to be exam- 
 ined. The adoption of such a system as to records would 
 greatly cheapen the cost of appeals and would prevent an 
 enormous waste of time which is unavoidable under the pres- 
 ent system. 
 
 It may be that the recommendations of the Association 
 will not be adopted in their entirety by the Legislature, but 
 I have no doubt that at least substantial progress can be made 
 in the right direction. Very sincerely yours, 
 
 George DuRelle. 
 
 Mr. Seymour : I desire to turn over to the secretary the 
 resolutions of the Calloway Bar Association. 
 The resolutions were read as follows : 
 
 At a meeting of the members of the Murray Bar of 
 Murray, Calloway County, Ky., this day held at the court 
 house in said city, with Judge Thomas P. Cook, Judge L. C. 
 Linn, Judge W. F. Peterson, Hon. A. D. Thompson, Hon. R. 
 T. Wells, Conn Linn, J. H. Coleman, Will Linn, Charles 
 Jetton, John R. Schroader, G. C. Dingnid, N. B. Barnett and 
 Ed. P. Phillips, all members of said bar being present. 
 
 The meeting was called to order by Judge Thomas P. 
 Cook, who briefly stated the object of the meeting, where- 
 upon, on motion. Judge Thomas P. Cook was made chairman 
 and Conn Linn was elected secretary. 
 
 Then, on motion, Judge L. C. Linn, W. F. Peterson and 
 J. R. Schroader were appointed a Committee on Resolutions, 
 and retired and returned the following resolutions, which 
 were unanimously adopted and ordered sent to the Louisville 
 Bar Association, viz.: 
 
 " Be it resolved by the Murray Bar Association, now in 
 convention assembled. That we heartily endorse the efibrt of 
 Hon. Charles B. Seymour and other members of the Louis- 
 ville bar in their efforts to organize a State Bar Association, 
 and hereby pledge ourselves to aid and assist in such efforts, 
 and sincerely believe that such an association would greatly 
 benefit our profession in this State. 
 
 "L. C. Linn, "j 
 
 "W. F. Peterson, V Committee." 
 
 "J. R. Schroader, j 
 
12 
 
 The foregoing are the minutes and resolution adopted by 
 the Murray Bar Association at Murray, Ky. , this November 
 i8th, 1901. 
 
 Thomas P. Cook, 
 
 Chairman. 
 
 Conn Linn, 
 
 Secretary. 
 
 The Temporary Chairman : I suppose the mere reading 
 of documents of this kind is sufficient. 
 
 Mr. McDermott : Some of the gentlemen who have had 
 this meeting in charge requested Mr. T. Kennedy Helm to 
 read a paper on the experience of other State Bar Associa- 
 tions, and while we are waiting on that committee I move 
 that he be requested to read his paper. 
 
 The Temporary Chairman : I suppose it is not necessary 
 to put that motion formally. lyct the gentleman come 
 around, and we shall be glad to hear him. 
 
 Mr. Helm was introduced and addressed the meeting as 
 follows : 
 Gentlemen of the Bar of Kentucky : 
 
 I esteem it an honor to be requested to address you upon 
 this occasion. 
 
 The subject assigned to me is, " The Procedure and 
 Achievements of the Bar Associations of other States." 
 
 Were I not addressing men accustomed to rely more upon 
 precedents than personal experience, I should certainly feel as 
 Elihu did when he interposed in the discussion of the coun- 
 sellors of Job and said: " I am young and you are very old." 
 
 At the outset I feel compelled to comply with the request 
 of the committee in charge of this meeting by reading to 
 you a table of statistics showing the facts relating to the 
 organization of other Bar Associations. I ask you, therefore, 
 to bear with me while I give you these facts in a concentrated 
 form. 
 
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14 
 
 There are nearly three hundred Bar Associations in the 
 United States. Of the above list, seventeen have been 
 organized more than five years. 
 
 Dues. Of the above, the dues of eight are $5, eleven 
 less than I5, and two more than $5. 
 
 Secretary. Twelve pay their secretary, nine do not ; 
 five pay $200 or over ; seven pay between $100 and $200. 
 
 Time of Meeting. Thirteen meet soon after summer 
 adjournment of court ; five meet at the opening of court. 
 
 Place of Meeting. Seven in State Capitol ; eight at 
 cities designated ; six at summer resorts. 
 
 Membership. All composed of individuals. One, how- 
 ever, requires membership in local association, if one exists 
 at residence. Two that formerly required membership in 
 local associations abolished the requirement. 
 
 Judges. In seventeen States the judges take an active 
 interest in the work, but generally can not hold office. In 
 three the interest of the judges is lax. 
 
 I desire to state parenthetically that I have turned over 
 to Mr. E. L. McDonald, Secretary of the Louisville Bar 
 Association, the last annual reports of twenty-three different 
 State associations, and that therein will be found the facts 
 hereafter stated, and that these reports may be referred to by 
 members of the Association and will be found useful on many 
 matters that we may hereafter undertake. 
 
 The declared objects of the various Bar Associations differ 
 but immaterially. In fact the purposes, as declared in the 
 constitutions of a majority of them, are " to advance the 
 science of jurisprudence, to promote reform in the law, to 
 facilitate the administration of justice, to uphold integrity, 
 honor and courtesy in the legal profession, to encourage 
 thorough legal education, and to cultivate cordial intercourse 
 among the members of the bar." 
 
 In facing the present undertaking it is a matter of deep 
 interest to us to know by what methods and to what extent 
 the Bar Associations of other States have succeeded. Their 
 work to this end may be conveniently divided into three 
 classes : 
 
 I. The securing of direct legislation and the adoption 
 of rules for the purpose of elevating the standard for the 
 admission of applicants to the bar. 
 
15 
 
 2. The bringing to the attention of the ^legislature for its 
 revision the general laws of the State on a variety of subjects. 
 
 3. By securing an esprit de corps in the profession, 
 resulting from the feeling that in union there is strength, as 
 well as the opportunity for mutual benefit and enjoyment. 
 
 Rightly, the first concern of the Bar Associations is to ele- 
 vate and uplift the standing of its members. " First cast out 
 the beam out of thine own eye, and then shalt thou see 
 clearly to cast out the mote out of thy brother's eye." That 
 we may not be called hypocrites, let us, therefore, first think 
 of our own weaknesses before those of our neighbors. 
 
 It is said an Indiana Judge advised a young lawyer that 
 he must, "first, get on ; second, get honor ; third, get honest." 
 The purpose of Bar Associations has been to change this 
 order, and uphold it is the duty of the lawyer, first, to be hon- 
 est ; second, to get on ; and third, fairly to get honor. 
 
 It was a fact in many States, as it is to-day in Kentucky, 
 that it was easier for a man to be admitted to the bar and 
 nominally become a lawyer than it was for him to become a 
 physician, dentist, pharmacist or minister. It will not be 
 claimed that this resulted from the law being the easiest of 
 professions, or because it imposed the least responsibilities. 
 
 Therefore we find that the Bar Associations of Colorado, 
 Florida, Georgia, Iowa, Maryland, Michigan, Minnesota, Mis- 
 souri, New York, North Carolina, North Dakota,«Ohio, Penn- 
 sylvania, Virginia, West Virginia and Wisconsin have suc- 
 ceeded in getting either the Legislature by act, or the court of 
 last resort by rule, to prescribe the qualifications and standard 
 of examinations for admission to the bar. 
 
 Briefly, these requirements are that the applicant must 
 have a general education at least equal to that required for 
 graduation in a public high school, which must be evidenced 
 by either a certificate of graduation of a high school or pri- 
 vate academy of equivalent standing, or he must have a 
 diploma or certificate showing he is a graduate or matriculate 
 of a college or university, or in some States in the absence of 
 any of these he must stand an academic examination which is 
 prescribed. 
 
 Then a Standing Committee of State Bar Examiners — 
 say, of nine members, of which three retire each year — is 
 appointed by the court of last resort, and it is made the duty of 
 this committee or a majority thereof to hold examinations at 
 
i6 
 
 designated times and places upon prescribed branches of the 
 law. The examinations are conducted in writing, and the 
 answers must sustain an average grade of at least seventy- 
 five per cent. These examination papers and the report of 
 the committee are returned to the court and kept perma- 
 nently on file. This examination need not be taken by 
 applicants holding a diploma from a law school which has an 
 approved standing. 
 
 In many States at least three years' study in the law is 
 made compulsory. In 1897 a Committee of the American 
 Bar Association after careful investigation recommended a 
 request to all law colleges to maintain a three-years course 
 of study. It is true the report was not adopted, but at Sara- 
 toga in 1900 the "Association of Law Schools of the Nation " 
 determined after September, 1901; to require a previous aca- 
 demic examination, as described above, and a three-years 
 course of study of the law. This subject should be of inter- 
 est to us, because to-day in Kentucky no fixed standard is 
 required in the applicant for the bar, either as to his academic 
 or legal education. 
 
 The second step towards the improvement of the bar is 
 for the State Bar Associations to adopt a code of legal ethics. 
 Such codes have been adopted by the Bar Associations, I 
 believe, in Georgia, Maryland, Michigan, North Carolina, 
 Rhode Island, and Virginia. In some States legal ethics are 
 made a part of the course of study and are embraced in the 
 examination of the applicant. 
 
 These codes are usually simply the application of general 
 principles to the particular circumstances that arise in the 
 practice of law, the purpose being to impress upon the mind 
 of the lawyer that he owes his ,first duty to the State or its 
 courts as an officer thereof, and that there can be no obliga- 
 tion to his client which the law condemns or which has for 
 its object an evasion or perversion of the law. The maxim 
 is : Deal fairly and courteously with the bench and the bar. 
 
 In still another way the Bar Associations exercise an influ- 
 ence, and that is by appointing a standing committee on 
 investigation and grievances, whose duty it is to be on the 
 alert to discover and to vigorously prosecute unprofessional 
 conduct or malpractice at the bar. The duties of this com- 
 mittee are not nominal, though its existence has a strong 
 restraining influence, as an examination of the reports of the 
 
I? 
 
 associations of other States will show. In Illinois, for 
 instance, at the last meeting this committee reported it had 
 effected during the year four disbarments and had four other 
 cases under investigation. 
 
 The second oiEce of the State Bar Association has been 
 to effect reforms in the law. That great jurist, Lord Bacon, 
 said : " Every man owes a duty to his profession," and Mr. 
 Choate has humorously added that with respect to the law 
 " every man in the community owes a duty to our profes- 
 sion." While we are pleased to think this is true, it is cer- 
 tain our profession owes a duty to every man in the com- 
 munity. We have all subscribed to an oath of office requiring 
 us to " support the Constitution of the United States and the 
 Constitution of this Commonwealth, and be faithful and true 
 to the Commonwealth of Kentucky," and "to faithfully exe- 
 cute to the best of our ability the office of attorney at law 
 according to law." 
 
 To even enumerate the accomplishments of the Bar Asso- 
 ciations of other States is impossible. However, the suc- 
 cesses of some, in addition to those above referred to, may be 
 of interest to us and show the power which they possess. 
 
 In Nebraska a commission was appointed for the relief of 
 the Supreme Court, and from its being five years behind with 
 its docket it can now practically decide cases as soon as 
 argued. In Georgia the number of Supreme Court judges 
 was increased. In North Carolina the number of inferior 
 judicial districts was increased from twelve to sixteen. In 
 Ohio additional courts have been created, and a new building 
 and library costing $400,000 has been obtained from the leg- 
 islature for the Supreme Court, and the salaries of its judges 
 materially increased. 
 
 The reports of five States show that their respective Bar 
 Associations are responsible for the adoption of laws tending 
 to the establishment of that uniformity in the laws of several 
 States which has been the cherished object for years of the 
 American Bar Association. 
 
 Several State Bar Associations liave secured measures for 
 the improvement of the methods of selecting and securing 
 the attendance of jurors. 
 
 In fourteen States the Codes of Practice have been 
 revised and improved. In Illinois, after years of considera- 
 tion and discussion, the State Bar Association has recom- 
 
mended to the legislature the abandonment of common-law 
 procedure and the adoption of a Code of Practice. 
 
 In several States acts have been adopted at the instance of 
 Bar Associations, and in Ohio and Georgia such are now 
 under consideration, abolishing in civil cases the scintilla 
 rule of evidence and authorizing the trial judge, if of the 
 opinion a verdict in favor of the party having the burden 
 should be set aside, to direct such verdict as the law and the 
 evidence requires. 
 
 In four States the Bar Associations claim the credit for the 
 establishment of the Torrens system of land registration. 
 
 I am informed by the last president of the Pennsylvania 
 Bar Association that the last legislature of that State passed 
 without the change of a word eight or ten important bills 
 which were recommended by .that association. 
 
 I could enumerate many other reforms that have been 
 accomplished, but must be content with saying that the 
 power for good of Bar Associations seems almost unlimited ; 
 that there is no point from the details of procedure to the 
 regulation of municipal and private corporations at which 
 they have failed to meet success. 
 
 The third great consideration in the formation of a Bar 
 Association is as to how interest and activity are to be main- 
 tained. The answer should not be difficult. A desire to be 
 of use and benefit to our State and its citizens, and the feeling 
 that this can best be accomplished by the lawyers acting as a 
 body should be sufficient. If we stand united, the history of 
 other Bar Associations shows all the possibilities I have 
 suggested maj' be accomplished. 
 
 But beyond this, a Bar Association can undoubtedly do 
 much indirectly for the improvement of the profession by the 
 cultivation of a closer social relation among its members. 
 Other associations make their annual banquets, at which the 
 weightier discussions of the law are laid aside, the occasion 
 for much merriment and good-fellowship, which finds 
 expression both in the prepared and impromptu after-dinner 
 speeches. 
 
 Interest is maintained by the free and full discussion of 
 the reforms to be undertaken, and by addresses and papers 
 carefully prepared for the annual meetings, by members of 
 the Association and illustrious visitors upon subjects of 
 moment and interest to the bar. 
 
19 
 
 And by honoring the worthy. among the living, and the 
 memory of our distinguished dead, we will keep ever before 
 us the achievements and character of those who have been 
 an adornment to our profession, and whose lives are worthy of 
 our respect and emulation. We will honor our profession 
 for the fruits it has borne. 
 
 The Temporary Chairman : Is there any action desired 
 with reference to the paper that has been read ? 
 
 Mr. McDermott : Just let it be referred to the Secretary. 
 
 The Committee on Constitution and By-Laws here 
 returned into the room, and the report was read by Mr. Mackoy 
 as follows. 
 
 The Temporary Chairman : You have heard the report 
 of the committee. Is it desired that it be taken up section 
 by section ? See page 56 for Constitution. 
 
 Mr. Peckinpaugh : I move that it be adopted as a whole. 
 
 Mr. Montgomery : I think it would be better if any 
 member desires to have opportunity to amend any particular 
 article, and then it can be voted on as a whole. I think Article 
 8 and possibly Article 15 need amendment. Article 15 relates 
 to the payment of dues. You all look rather sleek, well-kept, 
 and there is a vast responsibility on your part to those who 
 keep you well-kept. And it is the duty you ought to perform 
 here. Now we have I don't know how many lawyers in 
 Kentucky. A good many more than we ought to have. 
 You could do without me, for instance. I think we should 
 come here to work, and I don't think we should have too 
 much revenue. The danger of too much revenue is that we 
 will spread too much. The desire is that we shall have every 
 lawyer in the State of Kentucky belonging to the Association, 
 and I believe the smaller the fee the better. 
 
 The Temporary Chairman : As there is nothing offered 
 in the way of amendment, the question is on the adoption of 
 the report as a whole. 
 
20 
 
 A vote being taken, the report of the committee was 
 adopted. 
 
 j\Ir. McDermott : I move that the chair appoint a com- 
 mittee for nominating officers, and that they be requested to 
 report at the evening meeting in this hall. I would suggest 
 that the number be seven. 
 
 Mr. Thornton : I personally know that there are a number 
 of gentlemen who are going away before to-night's meeting, 
 and if we could possibly carry into execution the enrollment 
 before they go away it would save a great deal of trouble 
 hereafter. 
 
 The Temporary Chairman : That will not interfere with 
 the appointment of the committee. 
 
 Air. Thornton : I understood that the enrollment was to 
 be postponed. 
 
 Mr. McDermott : No ; my motion was that the Committee 
 on Nominations should report at the evening meeting. 
 
 Mr. Dixon : I move as a substitute that the commit- 
 tee report at this meeting. A great many of the gentle- 
 men are going away, and it seems to me they should have a 
 voice in the selection of permanent of&cers. 
 
 A vote being taken, the substitute was adopted, and a 
 further vote being taken, the motion as amended by the 
 adoption of the substitute was carried. 
 
 Mr. Pirtle: I move that we now proceed with the enroll- 
 ment, so that we will know who are eligible. 
 
 The enrollment was then proceeded with, and the follow- 
 ing was the result : See pages 63-68 for list of members : 
 
 The Committee on Nominations was then appointed, as 
 follows ; one member from each Appellate Court District : 
 
 1. Malcolm Yeaman. 
 
 2. Chapeze Wathen. 
 
 3. J. P. O'Meara. 
 
 4. Alex. P. Humphrey. 
 
21 
 
 5- John D. Carroll. 
 
 6. S. B. Rouse. 
 
 7. E. S. Jouett. 
 
 This committee, after quite a lengthy deliberation, 
 reported as follows : 
 
 W. H. Mackoy, President, Covington. 
 
 Kennedy Helm, Treasurer, Louisville. 
 
 Bernard Flexner, Secretary, Louisville. 
 
 Vice-Presidents : James Campbell, Paducah ; J. S. 
 Wortham, Leitchfield ; L W. Twyman, Hodgenville ; E. J. 
 McDermott, Louisville ; D. L. Thornton, Versailles ; James 
 C. Wright, Newport ; Thomas Brown, Catlettsburg. 
 
 Mr. R. H. Gray : I move that the report be received, 
 adopted, and the officers elected as a whole. 
 
 The motion was seconded, and, the vote being taken, was 
 carried. The newly-elected president was escorted to the 
 chair and spoke as follows : 
 
 Gentlemen of the Kentucky State Bar Association : It 
 is hardly necessary for me to say that I appreciate highly the 
 honor you have conferred upon me. It is not necessary that 
 I should say so in words, because it seems to me the position 
 is one that requires that I should by my deeds hereafter, as 
 far as I can, endeavor to justify the choice you have made. 
 At this hour of the evening I do not propose to detain you by 
 any extended remarks. I think I can recommend myself to 
 the Association as its presiding officer better by brevity than 
 by a prolonged speech. It seemed to our local Bar Asso- 
 ciation at Covington that there should be a State Bar Asso- 
 ciation ; that it was impossible for local Bar Associations 
 having no connection with each other, nothing to bind them 
 together, to fill the need that existed; that it was necessary 
 that there should be a State Association, and I take it that 
 because the local Bar Association at Covington was the one 
 to take the initiative in this matter, although it has been 
 nobly helped here at Louisville, especially by Mr. McDermott, 
 yet I take it that the honor conferred upon me is intended 
 rather as an honor to the Covington Bar Association than ft) 
 me. 
 
22 
 
 There was a necessity, as I have said, for the organization 
 of this Association. It is necessary that the lawyers of the 
 State of Kentucky should be brought together ; that they 
 should learn to know each other, and that they should be 
 brought in touch with one another, so that a spirit of com- 
 radery may be generated among them. There was a time 
 in the history of Kentucky when the circuits were large and 
 when lawyers traveled from circuit to circuit, and when the 
 home-like country tavern was the Bar Association of Ken- 
 tucky. And under that training and that intercourse among 
 the members of the bar there was produced here in Kentucky 
 as strong and capable a body of lawyers as could be found in 
 any State in the Union. 
 
 The past history of the bar of Kentucky is one that 
 reflects credit upon the State not only so far as the laws of 
 the State are concerned, but so far as its political govern- 
 ment is concerned, because lawyers were largely law- 
 makers. They made public opinion. They had not resigned 
 or retired from the position which they seem now to have 
 relinquished to some extent, but they stood in the front rank 
 on all matters that pertained to the welfare of the State, and 
 they made public sentiment. 
 
 Now, I do not think that here in Kentucky we occupy 
 relatively quite as important a position as we once did. We 
 are not united one with another. We are working separately 
 and disjointedly. We have retired, I think, to some extent, 
 from politics. You know it is an old maxim, inter arma 
 silent leges, and I think possibly political life has grown too 
 war-like for lawyers, and so we have retired to the quiet prac- 
 tice of law. But it is necessary that we should endeavor now 
 to bring the bar up to the position it once occupied in the 
 history of the State. We have the opportunity, and if we do 
 not avail ourselves of it the fault will rest with ourselves 
 rather than with anyone else, because I think the bar of Ken- 
 tucky has as many able men in it to-day as it ever had. 
 Possibly because they are engaged in material pursuits, look- 
 ing after private interests, they have neglected to some extent 
 that more important matter, that matter which every edu- 
 cated body of men should look after and care for ; they have 
 failed to look after the growth and development of the State 
 in some respects, and have failed to promote that public 
 sentiment for good government that they should have done. 
 
23 
 
 But I trust that this Bar Association will be the commence- 
 ment of a new era in the history of Kentucky, and that the 
 lawyers of Kentucky, as they did in the earlier days, will be 
 found taking an important part in everything that pertains 
 to the good government and welfare of the State. I do not 
 mean by that its material progress. I mean that as profes- 
 sional men, as men of education and learning, it is our 
 duty to do that which we can in the State and in the com- 
 munity in which we live to develop the law, promote a 
 respect for the law, to introduce proper practices in the pro- 
 fession of the law in all respects, so that we may again stand 
 where we once did. 
 
 It is unnecessary at this time, after the remarks made 
 by Mr. Helm, that I should outline in any respect what it 
 is the duty of an Association of this kind to do. It would be 
 anticipating the work of the committees who will lay out the 
 matters that are to be looked after. It is important, in the 
 first place, that we should not undertake to do too much; 
 that we should concentrate our energies on the- evils that 
 immediately need correction ; that we should not spread our 
 energies over too large a surface, but devote ourselves to the 
 great evils and endeavor to remedy them Speedily ; and if we 
 go at it in a proper spirit, without envy or jealousy, we shall 
 no doubt be able to correct many evils. I know the 
 opinions and wishes of a body as large as this will receive 
 respectful consideration from the governing bodies of this 
 State. 
 
 I thank you again for the honor that has been conferred 
 upon me, and shall endeavor, as best I can, to show my appre- 
 ciation of it by a proper discharge of the duties which may 
 be incumbent upon me. 
 
 There was no further business before the meeting, and on 
 motion the Association adjourned until 7 130 p. m. 
 
 EVENING SESSION. 
 
 The Association met pursuant to adjournment and was 
 called to order by the President. 
 
 The President : We have still to elect five members of 
 the committee that will have charge of the affairs of the 
 
24 
 
 Association together with the President, Secretary, and Treas- 
 urer. The first business will be the election of the five 
 members of that committee. 
 
 Charles J. Helm, R. S. Holmes, George Washington, 
 R. A. Thornton and F. W. Morancy were placed in nomina- 
 tion, and on motion of Mr. McDermott, the Secretary, cast one 
 ballot for the gentlemen, and they were declared elected 
 members of such committee. 
 
 The President : As to the appointment of the com- 
 mittees that the president has to name, they are important, 
 and I think it is proper that I should take some time before 
 naming them. The newspapers will announce the com- 
 mittees. 
 
 The next business in order will be a paper by Mr. C. B 
 Seymour, of this city. 
 
 The paper was read as follows : 
 
 I have been requested to read a paper on the subject : 
 " How to Make Appeals Cheap, Easy and Available." 
 
 The importance of the subject will be readily appreci- 
 ated. There is a great contrast in the matter of appellate 
 practice between the state of things existing when I came 
 to the bar, in 1868, and the state of things now existing. 
 So far as delay is concerned, matters are radically' different. 
 It was no unusual thing then for an appellant who was 
 unwilling to supersede to replevy the execution which 
 issued upon a judgment, the idea being that before the 
 return day of an execution upon a replevin bond he might 
 have a reversal. This seems to our younger practitioners 
 almost incredible. A replevin bond runs only three months, 
 and if you add four months for the lifetime of the two exe- 
 cutions, the entire period covered is seven months. Nobody 
 expects any .such prompt decision of appeals nowadays. If 
 an appeal is decided within eighteen months from the time 
 at which it is prayed, we all think we have obtained quite a 
 speedy decision. Is there a cure for this state of things ? 
 
 So likewise as to the availability of appeals. Statutory 
 changes have made access to the Court of Appeals much 
 more difficult than it was thirty years ago. I remember a 
 
25 
 
 meeting of the bar of the State in 1871 ; at that meeting it 
 was proposed to ask the legislature to raise the limit of 
 appeals from $50.00 to $100.00. Judge William S. Bodley, 
 who sat beside me, said very earnestly : " No, no ; that 
 will cut out one fourth of the State from an appeal." And 
 he explained that in the mountain counties folks hardly ever 
 trade for more than $50.00. Now the limit of appeals is 
 $200.00 on judgments for recovery of money or personal 
 property. 
 
 It seems to me that there should be a few statutory 
 changes in reference to the Court of Appeals. And first as 
 to the mode ot praying an appeal. The present Code, Sec- 
 tion 734, says : " The mode of bringing the judgment of an 
 inferior court to the Court of Appeals for reversal or modifi- 
 cation shall be by an appeal which shall be granted as a mat- 
 ter of right to a party or privy against a party or privy by 
 the court rendering the judgment on motion made during 
 the term at which it is rendered, or thereafter by the Clerk 
 of the Court of Appeals," etc., Section 734, Civil Code. The 
 word '■'•thereafter'''' in this sentence was not in Section 876 
 of the previous Code. It was introduced at the time the 
 Code was revised, and took effect January i, 1877. Public 
 attention does not seem to have been called to the change, 
 but the change is a most important one, for it enables the 
 Circuit Judge who has rendered a judgment to block all 
 access to the Court of Appeals until after the end of the term 
 of court by the simple expedient of refusing to grant an 
 appeal. Plainly this ought not so to be. If the court ren- 
 dering a judgment is unwilling to grant an appeal, the 
 party entitled to the appeal should have the right at once to 
 ask the appeal from the Clerk of the Court of Appeals, and 
 should not be compelled to take the risk that the judgment 
 will be enforced before the end of the term, when he is ready, 
 able and willing to give a satisfactory supersedeas bond. Ijt 
 will be remembered by old practitioners that, in the contest 
 between Smith and Cochran for the Commissionership of the 
 Louisville Chancery Court, an appeal was refused by the 
 Chancellor, and was granted with supersedeas by the Clerk 
 of the Court of Appeals, and the judgment thereupon was 
 reversed. During the sixty days which constitutes a term in 
 Circuit Courts having continuous session, much can be done 
 towards obtaining an enforcement of the judgment, and if 
 
26 
 
 that judgment be erroneous, serious injury may be done. It 
 seems to me that the word " thereafter " should be struck out 
 of this section, and that parties entitled to an appeal should 
 be allowed to pray the same from the Clerk of the Court of 
 Appeals at any time before the right to appeal is barred by 
 limitation. 
 
 An interesting illustration of the present condition of the 
 law is found in an appeal recently decided by the Court ot 
 Appeals ; though the appeal was prayed four years ago, and 
 was decided more than a year ago, and though petition for 
 a rehearing of the same has been overruled, still counsel are 
 seriously contending that the judgment of the Court of 
 Appeals is a nullity, because it turns out that the appeal was 
 prayed from the Clerk of the Court of Appeals on the sixtieth 
 day after the rendition of the judgment instead of the sixty-first. 
 This, then, is the first important change I would suggest in 
 our statutes, to-wit : That parties be allowed to pray an 
 appeal from the Clerk of the Court of Appeals even during 
 the term at which the judgment is rendered. This right is 
 one which was very rarely exercised under the old code, and 
 would be very rarely exercised now ; but when necessary it is 
 of very great importance. To be sure, process of mandamus 
 from the Court of Appeals to lower courts may be asked, but 
 the filing of a mandamus petition against the judge to com- 
 pel him to grant an appeal is not desirable. 
 
 As to the jurisdiction of the Court of Appeals, I suppose 
 it is out of the question to have the amount as to money 
 judgments reduced ; but certainly there ought to be uniform- 
 ity throughout the State in the construction of statutes and 
 of the Constitution. It is inexpedient that in one district a 
 statute should be held to have one meaning and in another 
 district, or in another court of the same district, it should be 
 held to have another meaning. Our exemption laws have 
 been held by some judges to have one meaning and by others 
 to have another. The questions of the I50.00 exemption 
 and the $40.00 exemption have been differently decided by 
 diflPerent judges even in the same circuit, and yet the matter 
 could not get to the Court of Appeals. It seems to me that 
 the remedy for all this is a provision that from a judgment 
 of the Circuit Court, irrespective of amount, an appeal should 
 be granted to the Court of Appeals if there be involved the 
 construction or the validity of a statute or the construction 
 
27 
 
 of the Constitution, no reversal to be made in civil cases 
 where less than $200.00 is involved, except for error as to such 
 validity or construction. 
 
 The Sunday law, for example, has been held uncon- 
 stitutional in one of our circuits as being special legislation. 
 The question involved is one of very great importance ; it 
 concerns the manner of life of a whole community. There 
 should be uniformity of decision on this subject, and an 
 appeal ought to lie to the Court of Appeals, although the 
 amount of the fine that can be imposed is only $50.00. So 
 I understand different Circuit Courts have ruled differ- 
 ently as to whether progressive euchre parties come within 
 the statute against gaming. These are but illustrations. 
 The general proposition seems to be well founded that there 
 should be uniformity of construction of statutes and of the 
 Constitution, and the same can be obtained in but one way, 
 to-wit, an appeal to the Court of Appeals. The expense of 
 appeals has been materially diminished by the Code of 1877, 
 which provides for the carrying up of a partial transcript ; 
 but the benefits of this provision have been much impaired by 
 the ruling of our Court of Appeals that the judgment of the 
 court below will be presumed to be right unless the record 
 shows the contrary, and therefore that if the partial trans- 
 cript shows the existence of a paper which might have sus- 
 tained a judgment, and which is not part of the transcript, 
 the judgment will be presumed to be' right. The effect of 
 this ruling is that appellant takes a partial transcript at his 
 peril ; hence many papers are copied which are not neces- 
 sary for the appeal. It seems to me that the ends of justice 
 would be well subserved by a provision to the effect that if a 
 partial transcript be taken pursuant to the provisions of the 
 Code, and if the record does not sustain the judgment 
 appealed from, there shall be no presumption that the judg- 
 ment would be sustained by the record including the omit- 
 ted parts. 
 
 One great source of expense in appeals is the copying 
 of the evidence. Much has been done to diminish this 
 evil by allowing a stenographer's transcript of the oral 
 testimony to be used on the appeal. It seems to me to be 
 advisable that there be an amendment to the Code providing 
 that depositions may be taken up without being copied. If 
 papers are required to be filed flat, as is now the case in this 
 
28 
 
 circuit, I can see no reason why they should not be incor- 
 porated in the transcript, and why they should not be 
 treated as a stenographer's transcript would be treated. 
 
 One of the main sources of expense at present consists of 
 copies of the record charged for by the Clerk of the Court of 
 Appeals. It has been ruled by the Court of Appeals under 
 our present statutes that the clerk may allow counsel to 
 withdraw the record for inspection and may thereupon charge 
 for a copy of the record as if one were actually made. 
 Counsel has the right to examine the record in the Clerk's 
 office, but if counsel take the record to the hotel to examine 
 at night, the clerk charges the record to counsel, and the 
 cost of a copy is, taxed in the bill of costs. This was not 
 the case when I came to the bar, and it does not seem to me 
 reasonable now. The matter, however, has been repeatedly 
 before our Court of Appeals, and the construction of the 
 statute in this respect is res adjudicata. I suggest that a 
 change in this respect be made by statute, and that the 
 clerk be not permitted to charge for a copy of the record 
 where none is made. 
 
 As to delay in appeals, I find it much more difficult to 
 make suggestions. We all realize that the present judges of 
 the Court of Appeals are doing good work toward clearing 
 off the docket, and that the length of time which a case on 
 the average remains under submission now is less than it was 
 a very few years ago. For awhile the court fell very far 
 behind its docket ; it is now catching up. One great occa- 
 sion of this improvement is the rule adopted by the Court of 
 Appeals that an oral hearing shall not be a matter of right, 
 but it shall be granted upon grounds shown. It became cus- 
 tomary for awhile for counsel to ask an oral hearing simply 
 to gain time to prepare briefs, and thus cases were continued 
 that ought not to have been continued. That evil has now 
 been done away with. 
 
 Is further improvement possible ? 1 think the suggestions 
 above made in reference to partial transcripts if carried out 
 will render a speedy decision of many appeals practicable. 
 In this connection it must be remembered that Kentucky 
 (unlike many other States) allows judgments to be reversed 
 in the event that the verdict is not sustained by sufficient 
 evidence ; and I presume that none of us would desire to 
 have the law in this respect changed. In consequence of 
 
29 
 
 this state of things work is thrown upon our Court 
 of Appeals which is not ordinarily thrown upon Appellate 
 Coiirts. It may be that the plan of making abstracts 
 of the record now in use in other States will be available to 
 diminish the labor of the judges of the Court of Appeals in 
 finding out the questions really at issue and the parts of the 
 record relevant to same. If, however, abstracts should be 
 required, the change ought to be made by statute and not by 
 rule of court. It is a matter that should not be decided 
 hastily. The bar can do a great deal to assist the judges in 
 the decision of cases. I have no doubt that by careful atten- 
 tion on the part of the bar improvements in the mode of 
 preparing briefs and treating records will facilitate the labors 
 of the Court of Appeals and will shorten the average 
 period for a case to remain under submission. It must be 
 remembered that under the present Constitution a great deal 
 of work is thrown upon the courts which used to devolve 
 upon the legislature. New questions constantly come up for 
 decision which could not have arisen under previous consti- 
 tutions. The people look to the courts to lay down the rules 
 of civil conduct which are to govern them, and while we all 
 aver continually that it is the business of courts not to make 
 the law, but simply to declare the law, we all in practice rely 
 more and more upon the decision of courts as to what the law 
 is. This tendency is growing continually, and by reason of this 
 tendency it is the more important that there should be ready, 
 cheap and speedy access to the Court of Appeals, to the end 
 that there may be uniformity of rules in all important 
 matters throughout the Commonwealth. 
 
 The President : The next paper will be read by Mr. 
 Trabue, and as the subject is germane to the subject of the 
 paper read by Mr. Seymour, the two can be discussed after 
 Mr. Trabue has finished reading his paper. 
 
 Mr. Trabue, after suggesting a query as to the future of 
 the lawyer in these days of consolidation of great business 
 enterprises and corporations, said that it was certain that 
 business men would see even greater necessity for the law- 
 yer's services as the value of their enterprises grew, and that 
 in civil practice the tendency would be toward requiring 
 accurate work in preparation of legal papers, and certainty and 
 
30 
 
 promptness in trials in courts. That no such certainty would 
 be attainable without an efficient judiciary, for however able, 
 learned and industrious might be the attorney, his labors 
 would be in vain without a judiciary able to comprehend, 
 and with time for proper consideration. That with the 
 deterioration of the judiciary the demand for best legal tal- 
 ent decreased and for the shyster increased, and accordingly 
 the shyster's methods grew in favor. That practice became 
 a speculation rather than a science, and inevitably the entire 
 administration of justice grew into disrepute, and to be 
 avoided by anyone who could compromise his case and escape 
 the court. That, in short, the administration of the law failed 
 of its purpose. Wherefore, he concluded that no people 
 could afford to trammel their judiciary with unnecessary 
 labor, or otherwise impair its efficiency. 
 
 That to be efficient the judiciary must be composed of 
 proper material and have time and facilities for proper per- 
 formance of their duties. That the bar must supply the 
 material for the bench, which suggested a higher standard 
 of admission to the bar. That the present standard was 
 due not to inferiority of our population, but to the laxity of 
 our methods of selection. That , while almost anyone 
 might obtain admission to the Kentucky Bar, in at least one 
 State out of 311 applicants only 186 were licensed in 1899. 
 That among the rejected were men holding degrees from 
 such schools as Harvard. That our bar could not hope to 
 cope with a bar so selected ; nor our bench with the bench 
 selected from such a bar. That we have some excellent 
 judges, and would have under any systerh, but that we could 
 not defy the laws of affiiirs, but must recognize their truths 
 or be left in the race. That our courts now controlling 
 admission to the bar were anxious to surrender it, having no 
 time for the performance of the duty of examination. 
 
 That the bar's importance to the bench consisted as well 
 in assisting the bench in practice as in affording material for 
 the judges. That the bench required an able, industrious and, 
 
31 
 
 above all, high-toned bar. That no effective way to improve 
 the bar's morals existed. That discipline was a poor remedy. 
 That high legal education was the only remedy. That a 
 lawyer incompetent must compete with competent lawyers 
 by indirection. That he is driven to a shyster's tricks in 
 self-defense, and substitutes chicanery for proficiency. That 
 increase in the number of shysters increases their influence 
 on the practice and with the courts. 
 
 That proper practice is only less important to the bench 
 than proper legal material. That if we had more judges at 
 Frankfort, and if each were abler than any found in any 
 other court, they would be inadequate to proper performance 
 of their duties under present practice. That the desire to 
 clear its docket naturally tempts the court to slight interests" 
 nearest the hearts of litigants. That the labor required is 
 impossible of performance. That relief is indispensable. 
 
 That the remedy must be curtailment of work or addi- 
 tional facilities for performing it. That either the jurisdic- 
 tional amount must be raised or the labors in each case light- 
 ened. That the latter is possible only by affording additional 
 facilities for labor. 
 
 That to raise the limit of appeal simply suggests a habit 
 of raising the limit and is a cowardly expedient. That the 
 real remedy is that adopted in a large majority of States and 
 territories, viz. : To require the lawyer to do the work now 
 thrown on our overworked judges. That this would surely 
 meet the court's approval, and ought to meet the lawyer's 
 unless he be lazy or inefficient. That the lawyer able and 
 willing to do his duty is apt to have business of such import- 
 ance as to make him appreciate the necessity for an efficient 
 judiciary. That the lawyer too lazy to perform necessary 
 labor, although appreciating its necessity, is hopeless, and that 
 the lawyer inefficient has no business at the bar. That the 
 safety of men's estates requires efficient lawyers as much as 
 that of their bodies requires efficient physicians. That the 
 condition of the couirt alone must be considered in this ques- 
 
tion, and we must either meet the court's needs or be recon- 
 ciled to our court falling below tlie scale of excellence in 
 other States. 
 
 That the remedy is that adopted by the concurrent wis- 
 dom of so many States, to-wit^ printed abstract of record and 
 printed briefs. That in 1897, out of forty-four States, in only 
 eleven was the record or brief not required printed, and even 
 in some of those the court might require both printed. That 
 in the Supreme Court, the Court of Appeals for District of 
 Columbia, Court of Claims, U. S. Circuit Courts of Appeals, 
 and twenty-three State courts the records and arguments 
 were required printed, the records in some States consisting 
 in an abstract. That even in New Mexico, Arizona and 
 North and South Dakota printing is required. 
 
 That in no other State found is the lower court's record 
 copied in extenso and dumped upon the Appellate Court 
 without any explanation except an index. That such 
 explanation is sometimes not even contained in the brief. 
 That a cart-load of account books is often freighted to Frank- 
 fort for the delectation of the judges. 
 
 That the true plan would require appellant's attorney to 
 carefully make an abstract of the record, exhibiting suffi- 
 cient thereof to enable the court to correctly decide the case, 
 and appellee's attorney to add anything necessary to show 
 his side of the case, so that everything deemed by either 
 side necessary to a determination of the appeal would be 
 contained in the abstract. 
 
 That the judges might then devote to the real questions 
 involved the time now required to examine superfluous and 
 cumbersome matter, and could read printed abstracts and 
 briefs with far greater facility and in much less time than 
 written matter. That without some such relief our court 
 must labor in vain to get rid of accumulated cases, and must 
 stumble on under its burden without hope of resurrection. 
 That thus handicapped it can not keep pace with other courts, 
 no matter what the material that might compose its blench. 
 
33 
 
 That as to the objections ; the expense of priffHMg tSrlSffl^'^ 
 illusory. That printing could be obtained cheaper by letting 
 the appellate clerk contract for it. That dispensing with the 
 transcript would probably offset the expense of printing. 
 That the transcript could be printed from original papers, as 
 is done in Ohio. 
 
 That each judge and each attorney would have printed 
 copies of record and briefs, and that this is really indispen- 
 sable for proper preparation and understanding of any case. 
 That without it only one Appellate Judge can handle a case, 
 so that on the vital point of examination there is one Appel- 
 late Judge against a Circuit Judge. That at present the 
 original transcript is sent to any lawyer in. Kentucky 
 requesting it, and a copy charged against the unsuccessful 
 litigant. That his opponent visiting Frankfort to save the 
 cost of a transcript to his client ascertains that the transcript 
 is in his neighbor's office at home, and that sometimes it 
 remains there until returned under a rule or attachment. 
 That the shame upon us is that we should have so long 
 endured the ill-treatment of our court while States so young as 
 Iowa had relief a quarter of a century ago. 
 
 Mr. Trabue congratulated the bar upon formation of a 
 Bar Association, saying that without co-operation individual 
 lawyers could accomplish nothing, and that all other profes- 
 sions and callings were combining to obtain the advantages 
 of co-operation. 
 
 Concerning the working of the proposed plan in other 
 States, he read from judges and lawyers as follows : 
 
 From an eminent judge that the present rules in Wiscon- 
 sin are in Vol. <?/, and that the printed abstract is satisfactory 
 to the bar, not unduly burdensome to litigants, and the court 
 saved endless labor in reaching the vital points in contro- 
 versy. That " without the abridgement in the printed case, 
 at least, it would seem impossible for the court to dispose of 
 its calendars." 
 
34 
 
 Another judge says : " Our rules work so well that we 
 finish and dispose of every case on the docket of each term 
 of court." 
 
 Another says: " I take pleasure in stating that the 
 rule adopted by the Supreme Court of Missouri, requiring 
 abstracts of the record and briefs of counsel to be printed, 
 greatly facilitates disposition of cases in that tribunal, and 
 tends to secure correct decisions," etc. 
 
 Mr. Trabue said that such responses were obtained to 
 
 inquiries made by a committee of lawyers several years ago, 
 
 'desiring to formulate a plan for relief of our appellate court. 
 
 In conclusion Mr. Trabue urged the formulation, in an 
 Act of the Legislature^ of rules which were proposed several 
 years ago to the appellate court for adoption, but which the 
 court hesitated to adopt without legislative sanction. The 
 rules are as follows : 
 
 RULES. 
 
 XVI. A party who, either by directing a clerk to copy 
 the entire record, or by filing a schedule, requires a clerk in 
 making a transcript for appeal to copy immaterial parts of 
 the record, shall pay the costs resulting therefrom, to be 
 adjudged by this court upon or without motion ; and in this 
 connection the attention of the bar is called to the fact that 
 it is not material to copy orders setting a case for a day for 
 trial, or postponing or remanding the same, unless some 
 point is to be made in this court upon which such orders 
 have a bearing. 
 
 XVII. The caption of the cause having been given at 
 the beginning of the transcript, it shall not be necessary, where 
 no point is made upon the same, to copy the captions of 
 pleadings, motions, orders, or other proceedings, or verifica- 
 tions of pleadings, or official certificates to depositions, deeds 
 or other papers. 
 
35 
 
 But, in case of pleadings or other proceedings in court, 
 the copy of the same shall be preceded by a caption stating 
 as briefly as possible its character, such as "Answer," or 
 "Amended Answer," or in case there be several parties, and 
 the pleading is only as to part of them, then such caption as 
 "Answer of John Smith, etc.," or " Exceptions to Deposi- 
 tions," " Exceptions to Commissioner's Report," " Judgment, 
 etc." 
 
 No caption need be given to mere orders or motions, 
 except a judgment or a motion for a new trial, in which 
 event the caption shall simply be "Judgment," or " Motion 
 for New Trial." 
 
 If it be material to show the date of an official certificate, 
 but no point is made as to the certificate otherwise, it shall 
 be competent and sufficient to state such date in the briefest 
 possible form. Thus, in case of a deed, the copy of the deed 
 may be followed by the words, on a separate line, "Acknowl- 
 edged January i, 1800," or "Acknowledged and Recorded 
 January i, 1800," or, if acknowledged by different parties at 
 different dates, then such words as "Acknowledged by John 
 Smith, January i, 1800, and by Thomas Jones, January 5, 
 1800 " ; or in case of affidavits or depositions, such words as 
 " Certificate dated January i, 1890," etc. 
 
 The attention of the bar is also called to the fact that, by 
 filing an agreed statement for the purpose of an appeal, the 
 effect of long documents, such as depositions, exhibits, plead- 
 ings subsequent to the petition, etc., may often be very 
 briefly stated, arid thereby great costs in copying, and labor 
 in reading, a record may be saved. 
 
 In making transcripts of records the clerks of the several 
 courts will be governed by the foregoing rule, and will copy 
 no captions or certificates such as are indicated above, unless 
 directed to do so by a schedule filed, but will insert brief 
 descriptive captions as above described. 
 
36 
 
 PRINTED ABSTRACTS. 
 
 XVIII. In all civil cases the party bringing a cause into 
 this court shall furnish a complete abstract or abridgment of 
 the record in the form hereinafter prescribed, and shall cause 
 such abstract to be printed in small pica type, 24 pica ems to 
 a line, 35 lines to a page, leaded with 4-to-pica leads, with 
 an index, and a suitable cover containing the title of the 
 court and style of the case, and the court from which the 
 case is brought into this court; the size of pages to be g^ 
 by 6^ inches; which printed abstract shall be bound in book 
 or pamphlet form. 
 
 Within fifteen days after the beginning of the first term 
 subsequent to the filing of the record in the clerk's office 
 of this court, there shall be filed with the clerk of this 
 court twelve copies of such printed abstract, of which copies 
 one shall be delivered by the clerk to the official reporter, and 
 one to each judge sitting in the case. 
 
 And within the time above mentioned at least two copies 
 of such printed abstract shall be furnished to the opposing 
 counsel. 
 
 XIX. Abstracts of records shall be made substantially 
 in the following form : 
 
37 
 
 Court of Appeals of Hentaeky. 
 
 JANUARY TERM, 1890. 
 
 John Doe, . . Appellant^ ^ 
 
 vs. > Appellant's Abstract of Record. 
 
 Richard Roe, . Appellee. \ 
 
 APPEAL FROM THE JUDGMENT OF THE 
 HARDIN CIRCUIT COURT. 
 
 A. B. for tlie Appellant. 
 C. D. for the Appellee. 
 
 On the day of 18 , the plaintiff 
 
 filed in the Hardin Circuit Court a 
 
 PETITION 
 
 stating his cause of action as follows : 
 
 [Set out all of the petition necessary to an understand- 
 ing of the questions to be presented to this court, and no 
 more. In setting out exhibits, omit all merely formal 
 irrelevant parts. Thus, for example, if the exhibit be a deed 
 or a mortgage and no question is raised as to the acknowl- 
 edgment, omit the acknowledgment.] 
 
 When the defendant has appeared, it is useless to encum- 
 ber the record with the summons. 
 
 On the day of i8 , the defendant 
 
 filed a 
 
 GENERAL DEMURRER 
 to said petition. 
 
38 
 
 On i8 the same was overruled (or 
 
 sustained as the case may be) and exception reserved ; the 
 court filing the following 
 
 OPINION. 
 
 [Of course if no written opinion be filed, the abstract will 
 simply show the order upon the demurrer.] 
 
 On i8 defendant filed his 
 
 ANSWER 
 setting up the following defenses : 
 
 [Here set out the defenses, omitting all formal parts. 
 If motions or demurrers are interposed to this pleading, 
 proceed as directed with reference to the petition.] 
 
 Frame the record so that it will properly present all ques- 
 tions to be reviewed and raised before issue is joined. 
 
 When the abstract shows issue joined, proceed in 
 
 COMMON LAW CASES 
 
 as follows : 
 
 On i8 said cause was tried by jury 
 
 (or the court as the case may be), and on the trial the follow- 
 ing proceedings were had : 
 
 [Here set out so much of the bill of exceptions, includ- 
 ing so much of the transcript of evidence, as is necessary 
 to show the rulings of the court to which exceptions were 
 taken during the progress of the trial. And if it be con- 
 tended that the verdict or judgment is not sustained by 
 sufficient evidence, then set out the whole evidence, not 
 by copying the same literally, but by condensing it so as to 
 present the material parts thereof clearly and concisely.] 
 
39 
 
 PLAINTIFF'S INSTRUCTIONS REFUSED. 
 
 After the evidence was concluded, plaintiff asked the 
 court for the following instructions, each of which the court 
 refused : 
 
 [Here set out in full the instructions asked by plaintiff 
 and refused ; and the objections and exceptions of the 
 parties thereto.] 
 
 DEFENDANT'S INSTRUCTIONS REFUSED. 
 
 Defendant asked for the following instructions, each of 
 which was refused : 
 
 [Here set out in full the instructions asked by defendant 
 and refused, and the objections and exceptions thereto.] 
 
 INSTRUCTIONS BY THE COURT. 
 
 The court gave to the jury the following instructions : 
 
 [Here se,t out in full the instructions given by the court, 
 whether of its own motion, or on the motion of the plaintiff 
 or defendant, or both, and also show by whom asked, if by 
 any one, and any objections or exceptions that may have 
 been to any instructions, or the court's rulings.] 
 
 VERDICT. 
 
 On i8 , the jury returned the following 
 
 verdict : 
 
 [Here set out the verdict.] 
 
 Whereupon on i8 , the court entered 
 
 the following 
 
40 
 
 JUDGMENT. 
 [Here set out the judgment.] 
 
 On i8 , plaintiff entered a 
 
 MOTION FOR A NEW TRIAL 
 
 and filed written grounds therefor, which are as follows : 
 
 [Here set out the grounds for the motion for a new 
 trial.] 
 
 On i8 , the court overruled said 
 
 motion (or sustained the same, as the case may be), to which 
 plaintiff (or defendant) at the time excepted, and prayed an 
 appeal to the Court of Appeals, which was granted. And 
 time was given until to prepare and file a 
 
 BILL OF EXCEPTIONS, 
 
 which was filed on i8 ; and the substance 
 
 of which has been heretofore given herein. 
 
 IN EQUITABLE ACTIONS, 
 
 After the abstract shows issue joined in equity cases, then 
 state the evidence bearing upon the issues joined in as brief 
 and condensed a form as is consistent with clearness and fair- 
 ness ; stating the substance of the testimony of each witness, 
 and the substance of documentary evidence, in the order in 
 which the same are found in the transcript, and without 
 attempting to group the evidence of different witnesses on the 
 various points at issue. The name of each new witness 
 mentioned should be printed in the middle of a line to itself 
 in the form of a caption. And in giving the substance of 
 documents, effort should be made by use of brief, appropriate 
 
41 
 
 captions to keep them separate from each other, that is, to 
 avoid confusion as to where one ends and another begins. 
 Having stated the evidence, then proceed as follows : 
 
 Oil i8 the court delivered a written 
 
 OPINION. 
 
 [Here give the full text of the opinion.] 
 
 And thereupon on i8 entered the 
 
 following 
 
 JUDGMENT. 
 [Here set out the judgment in full. ] 
 
 GENERAL DESIGN. 
 
 The foregoing outline is presented for the purpose of 
 indica;ting the character of the abstract contemplated by the 
 rule, which, like all rules, is to be substantially complied 
 with. Of course, no formula can be laid down applicable to 
 all cases. The rule to be observed in abstracting a case is : 
 Preserve everything material to the questions to be decided, 
 and omit everything else. 
 
 XX. If the appellee's counsel shall deem the appellant's 
 abstract imperfect or unfair, he may, within fifteen days 
 after the receipt of the same, deliver to the appellant's coun- 
 sel two printed copies, and to the clerk of the court twelve 
 printed copies, of such further or additional abstract as he 
 shall deem necessary to a full understanding of the questions 
 presented to this court for decision, which it shall be the 
 duty of the clerk to distribute as provided in Rule XVIII. 
 
 XXI. Time for filing abstracts may be extended by the 
 court. 
 
42 
 
 XXII. The cost of printing the foregoing abstracts 
 shall be taxed as part of the costs of the respective parties 
 printing the same. 
 
 The President : The subject-matter of those two papers 
 is now open for discussion. 
 
 Mr. James P. Helm : The subject of the papers is one in 
 which I have felt a very considerable interest for a long time. 
 When I go to the Supreme Court of the United States or to 
 the Circuit Courts of Appeal — in other words, when I 
 mingle with lawyers or judges who are in the habit of dealing 
 with printed records, it is a matter of constant surprise to 
 them that we are still plodding along in the old way of man- 
 uscript or typewritten records, and I think we may as well 
 make up our minds that until there is some reform in this 
 respect we are asking too much of our Court of Appeals 
 when we expect their opinions to attain the same high stand- 
 ard as do the opinions of the courts which have the benefit 
 of printed records. They are very much more handicapped 
 than the courts of other States. We know that they have to 
 take records containing thousands of pages and read through 
 them to find out what is in them, and when they do that 
 they are so weary of that case and so worn with their physi- 
 cal work, and it is such an effort to remember what is in the 
 record, that you can not expect from them a very clear-cut 
 opinion. I have in my mind a record in the Court of 
 Appeals containing twelve volumes, averaging 250 to 300 
 pages to the volume, and in my opinion counsel in that case 
 could have agreed upon an abstract which would not have 
 contained over 100 printed pages. In that case there are 
 200 pages of pleadings, and I think a statement of what 
 is shown in the pleadings could be made in ten pages. If we 
 could induce the courts to adopt the abstract idea, which so 
 many States have adopted, of stating briefly the issues, and 
 then only such evidence as bears upon those issues, having 
 the counsel for appellant do that, and then allowing the 
 
43 
 
 counsel for appellee the right to supplement the statement, 
 and then have it printed, it would result in diminishing our 
 records fully 75 per cent. I believe it is entirely feasible. 
 It does devolve a good deal of labor upon counsel, but coun- 
 sel has that labor sooner or later in some way or other if he 
 prepares his case properly. 
 
 What Mr. Seymour said on the subject. of decisions of 
 the Court of Appeals on partial records strikes at the root of 
 the matter. Nobody thought when schedules were allowed 
 that the court would ever fail to conclude that the record 
 thus made up was, for the purpose of that appeal, the whole 
 record. When counsel for appellant selects his parts of the 
 record and counsel for appellee supplements it, the Court of 
 Appeals ought to hold that that is the complete record. It is 
 asking too much of a lawyer to take the responsibility of 
 selecting the parts of the record he wants, if the court has the 
 power to say " there is another part that has been omitted, 
 and for aught we may know that might have justified the 
 decision of the court below, and therefore we affirm the case." 
 So in any plan that we agree upon in making abstracts, it 
 ought to be an essential part of the plan that when the record 
 is thus made up it is conclusively presumed to be the com- 
 plete record for the purposes of that appeal. You all remem- 
 ber the rule in the Supreme Court for diminishing records — I 
 think it is the Ninth Rule. There counsel for the plaintiff 
 in error may file with the Clerk a statement in writing indi- 
 cating the parts of the record which he thinks are essential to 
 the determination of the case, which the Clerk sends to the 
 defendant in error, and if that party does not within the time 
 named in the rule indicate other parts of the record, the 
 court will take the case upon that record ; and although under 
 that rule if the court upon an examination of the record 
 reaches the conclusion that necessary parts of the record have 
 been omitted, it has the power to order the incorporation of 
 those parts or dismiss the appeal. I don't think they have 
 ever exercised that power. So it seems to me if we can not 
 
44 
 
 get our Court of Appeals to adopt the abstract idea, it might 
 be well to get them to adopt a rule something like the Ninth 
 Supreme Court Rule for the diminution of records. 
 
 There is no gainsaying the fact that if records are printed 
 and each judge examines the record, it will inevitably lead 
 to more satisfactory decisions. None of us who have been 
 in the Supreme Court and argued cases there but remember 
 that members of that court constantly, when you are refer- 
 ring to certain facts, interrupt and say : " From what page are 
 you reading? " x\nd they turn and read that particular part 
 of the record in the connection in which you are arguing. 
 Now, how different in our- Court of Appeals. Here is a single 
 great, big record, and when you read this or that from it the 
 court can't follow you, and, as it is generally eight or nine 
 or ten months before that case is sent out, the discussion on 
 the facts is of no value. The court has no inducement to 
 listen to your discussion or follow very closely your argu- 
 ment, especially when you are arguing the evidence in the 
 case, for the court knows it can't recollect nine months from 
 that time anything that is said on the facts. If we had the 
 abstract system, with a printed record, the court would follow 
 you, each member with a copy. I venture to suggest that if 
 we can get our Court of Appeals to adopt the plan outlined 
 by the Louisville Bar Association and let us prepare these 
 abstracts, it will soon be found that the labors of the court 
 will be enormously lightened, and this will result in better 
 considered judgments. If we can not succeed in getting that 
 system, the best thing we can do is to adopt some means by 
 which we can pay the Clerk for superintending the printing, 
 as the Supreme Court Clerk does. 
 
 Mr. McDermott : Just a word in addition to what Mr. 
 Helm has said. I have always thought we should abolish 
 the whole fee system. I think the Clerk of the Court of 
 Appeals and all the Circuit Clerks should be paid salaries. 
 I think a clerk who has been elected should be paid a good 
 salary. I don't want to be unjust to th-e clerk, but I don't 
 
45 
 
 think the clerk should be compelled to collect money from 
 the litigants. With the clerk on a good salary not depend- 
 ing on fees, this abstract could be made, and, if necessary, the 
 original papers sent up, and a great saving of expense and 
 labor to litigants, lawyers and judges secured. 
 
 Mr. Woodson : When we come to consider the matter, 
 it is a little surprising how slowly we get at the business of 
 law reform such as has been suggested this evening. A long 
 time ago Dean Swift with his admirable irony suggested two 
 objections to the law. One was the law of precedent, which 
 simply meant that whatever has been done may be done 
 again ; the other was the circumlocution by which we under- 
 take to arrive at questions in court. He said if a man 
 undertakes to sue me for a coat he doesn't come out and 
 sue me for the coat, but begins to prove all sorts of details 
 that have no earthly bearing ; and that has been the course 
 more or less ever since. And the proposition now is simply 
 an objection to circumlocution. The two very admirable 
 papers that have been read here this evening embody the 
 common sense of the situation. To illustrate : Here is an 
 estate, and they fall out about the division of the property, 
 and instead of saying in so many words that the ancestors 
 devised that estate by will, there is copied into the record the 
 whole will, thirty or forty pages. If the stockholders of a 
 corporation fall out, the case comes to the Court of Appeals ; 
 instead of the simple statement that the company was incor- 
 porated for certain purposes, the entire articles of incorpora- 
 tion are copied at full length, when there is no issue presented 
 growing out of them. And so it is with other things. None 
 of those things ought to be copied unless there is some ques- 
 tion raised on them. It seems to me absolutely superfluous, 
 and the wonder is that the thing has been permitted so long. 
 I think if this Bar Association takes the matter up that we 
 certainly can remedy the matter. 
 
 I know there is some trouble in endeavoring to secure too 
 great brevity. I remember an instance of it. There was a 
 
•■- - 46 
 
 lawyer arguing before the Court of Appeals, and he was 
 exceedingly prolix, and one of the judges said to him, " You 
 certainly ought to presume that the court knows some law," 
 and he said : " That is the very point I got beat on in the 
 court below, and I don't want to get beat twice on the same 
 proposition." 
 
 I think the suggestion that the Clerks both of the Court 
 of Appeals and of the Circuit Courts should be made salaried 
 officers and not depend on fees, is another proper suggestion 
 which, if adopted, will secure relief. 
 
 Mr. Strother : We have had two very interesting papers 
 and some valuable discussions of those papers, but all of that 
 will amount to nothing unless something can be accomplished 
 as a result of the discussion. I therefore move that these 
 two papers by Mr. Seymour and Mr. Trabue be referred to 
 the proper committee with directions to prepare a bill, using 
 such of the suggestions as are approved. 
 
 Mr. Helm : Do you think it wise to endeavor to secure 
 a bill ? I think it can be provided better by a rule of court. 
 Mr. McDermott : Why not say by a bill or a rule of 
 court ? 
 
 Mr. Strother : I will accept that. 
 The motion was seconded. 
 
 Mr. Wilson : I desire in seconding the motion to venture 
 a few remarks. I hope I may be pardoned for stating the 
 few suggestions that occur to me. I believe there is no evil 
 in our present system of jurisprudence that is more glaring 
 than the difficulty attendant upon the prosecution of appeals. 
 Now, if I may be permitted to part a little from the line of 
 suggestion which has been brought out by Mr. Seymour, Mr. 
 Trabue, Mr. Helm and others, I would say it seems to me 
 the oral argument in the Court of Appeals" has dwindled 
 rather into insignificance, and rather unjustly so. But law- 
 yers know that the oral argument and the decision are so far 
 apart that it is doubtful whether any benefit can be had from 
 
47 
 
 an oral argument. It seems to me there is no way, either by 
 condensation of the record or shortening the proof, in which 
 a lawyer can better present his case than by an oral argu- 
 ment of the case. Every lawyer knows that when he is 
 arguing a case orally before a judge who is giving him due 
 attention, that that judge will frequently put questions to the 
 lawyer that touch the case vitally and which can be disposed 
 of right then and there without the judge wading through 
 endless records and endless proof. I believe reform should be 
 secured in that line. If I understand it, the tendency of the 
 Court of Appeals now is to cast the oral argument aside. I 
 think we should endeavor to change this. 
 
 Mr. Galloway : Not intending to present any objection 
 to the proposed system of printing records in the Court of 
 Appeals, I would suggest this idea : That there is a difficulty 
 in Kentucky in the way of a system that does not exist in 
 the States above us, Illinois, Ohio, and Indiana, etc. In all 
 those States there is considerable equality in the territory 
 that composes the counties, and the counties are practically 
 equally accessible by rail, have equal facilities in the prepara- 
 tion of cases. We know that nothing like this obtains in 
 Kentucky, and the difficulty is to make a system that will 
 work as well for all parts of our State. It seems to me we 
 have an anomalous condition in Kentucky, and that is to 
 a large extent the reason why Kentucky is not alongside of 
 Ohio and Illinois and these other States in the laying off' and 
 upbuilding of our State. Our conditions are so different. 
 Why in my judicial district we have counties that have no 
 railroad and no printing-offices. It may be important that 
 this system be adopted, but I can not see how it can be. 
 
 It has been suggested that we have the record abstracted. 
 Now, you go out into some of my counties and undertake 
 to agree with a lawyer in getting up an abstract and you will 
 have a sight harder task than the Court of Appeals will have 
 in reading the full record. 
 
48 
 
 Mr. Baskin : I think I can shed some light on this mat- 
 ter. I was on a committee which was appointed to get up 
 the memorial that was drawn and sent to the Court of 
 Appeals some months since, and in that memorial we under- 
 took to set forth all the States and Territories wherein the 
 records are printed, and also those wherein the records 
 are abstracted. 
 
 Now, as to counties having no printing-offices ; we all know 
 that in places where printing does obtain the records are 
 sent to reliable printers and the printing done without any 
 hitch of any kind. If the Circuit Court of Appeals can have 
 records in immensely important cases printed in Louisville, 
 there is no reason why the courts out in the State couldn't 
 have it done. 
 
 Now, as to not agreeing on abstracts, the Court of Appeals 
 rules can provide this : That one side shall file its abstract, 
 and if that is not satisfactory the other side can file its coun- 
 ter-abstract, and if they can not agree, the court can settle it. 
 
 Mr. Straus : What do you think about the power of the 
 Court of Appeals to regulate that. 
 
 Mr. Baskin: I have not the slightest doubt on earth 
 about it. I would suggest as an amendment to the motion 
 of Mr. Strother that the committee be directed to print and 
 present to the Court of Appeals a memorial setting forth 
 such statistics and facts as are desired and suggesting that 
 the rules be changed so as to require a condensation and 
 printing of the records. 
 
 Mr. Strother : I shall have to decline to accept that. I 
 think the matter should be left to the committee. I believe 
 when the president appoints the committee it will be so con- 
 stituted as to represent the sentiment of the meeting. 
 
 Mr. Baskin : You don't want a system put in operation 
 unless it meets the approval of the majority of the bar ? 
 
 Mr. Strother : Certainly not. 
 
49 
 
 Mr. Baskin : Then I suggest that your motion be 
 amended by saying that the committee be authorized to do 
 what I suggest. Will you accept that ? 
 
 i\Ir. Helm : It seems to me they do that anyway. 
 
 Mr. Strother : Do you mean that they be authorized with- 
 out being directed ? 
 
 Mr. Baskin : Yes. 
 
 The President : Will you please state what the motion 
 would be then, as amended ? 
 
 Mr. Baskin : The motion would be that the two papers 
 of Mr. Trabue and Mr. Seymour be referred to the Commit- 
 tee on Law Reform, and that they be authorized, in view of 
 these papers and such information as they can get, to draw a 
 proper bill or rule of court to reach this matter in the most 
 direct and best way. 
 
 Mr. Cromwell : I am greatly in favor of the system that 
 has been mentioned being carried into effect by rule or 
 statute, but it must appear to any gentleman who has had 
 legislative experience that there are likely to be obstacles 
 in the way of this reform. Some of them have been 
 pointed out by Mr. Galloway, and there might come 
 objection from the clerks that it would reduce their 
 revenue. 
 
 It certainly would be a great thing to reduce the size of 
 the records yearly sent to the Court of Appeals, and there is 
 one thing that I would like at this early stage to call to the 
 attention of this Association, and that is the manner in which 
 the records of the Court of Appeals are preserved. I am 
 reliably informed that there are from eight to twelve hundred 
 cases of valuable records in that building, which is not fire- 
 proof and which has no protection, and this condition has 
 existed for the last thirty years. These records have been 
 furnished at great expense by litigants, and if they should be 
 destroyed, it would require thousands and thousands of dollars 
 to supply them. I think a committee should be appointed 
 
50 
 
 to take into consideration the question of protecting these 
 valuable records for the litigants and lawyers of the State. 
 
 Mr. Gray : As was suggested by yourself upon your 
 induction into office, there is no need of spreading out too 
 much. From the various speeches I fear we are in danger 
 of spreading considerable. The trouble with the attorneys 
 generally is that they are always looking out for somebody 
 besides themselves. They want reform, and they want it 
 bad ; at least they want it down here in Louisville ; but they 
 don't want it at the expense of the poor clerk. Well, all 
 reforms hurt somebody. It is a general tendency to get into 
 evil ways, and it necessarily hurts those who are in bad ways 
 when the time for reform conies. Now the whole talk has 
 been upon the subject of a curtailment of the extent of 
 record. The first paper seemed to me to contain equally as 
 good a suggestion and the more important principle, and that 
 is, that the subject is one that must be accomplished through 
 the Legislature ; it can not be accomplished by or through 
 the courts alone. The inclination in these days is that when 
 a lawyer has been elevated to the bench he thinks he is 
 something superior to the balance of the lawyers. It seems 
 to me one of the reforms that this committee ought to take 
 charge of is that when the Judge of the lower court is disin- 
 clined to allow an appeal, that the party can go to the clerk 
 and get the necessary record, ordering the whole or part of 
 it, and take it to the Court of Appeals and perfect his appeal 
 there. 
 
 Now so much for that. Now this is primarily a meeting 
 for our own benefit, and I think it is time that we should 
 become acquainted with each other. I believe it is the 
 desire of each and every one of us to facilitate the adminis- 
 tration of the law. Now, then, if in that desire we must lead 
 somebody or other in the race, of course it must fall upon the 
 poor clerk, because it seems to be a universal sentiment that 
 there is no desire to hurt either the lawyers or the judges ot 
 the Court of Appeals. 
 
51 
 
 Now as to whether the Court of Appeals has the power 
 to act on this matter by rule. It seems to me it is a good deal 
 harder and more circuitous to get the Court of Appeals to 
 act by making rules than it would be to have an Act of the 
 lyCgislature passed. 
 
 I don't anticipate the antagonisms from the lawyers that 
 some of the gentlemen seem to. I think when the time comes 
 the attorneys will get together, but I want to make this sug- 
 gestion. These are times of great combinations — I won't 
 say anything about trusts — I say great combinations. We 
 are all like laborers, all working to accomplish what we 
 desire. The suggestion is by one member that if we make 
 these condensed printed records it will hurt the poor clerk. 
 The clerk generally has to manage to take care of himself, 
 and you can depend on his doing it. But if you are going 
 to try to look out for everybody and get up some reforms that 
 don't hurt anybody, you might as well save the time and 
 stop right here. I am in favor of condensation, clerk or no 
 clerk. I am for the lawyer first, last, and all the time. 
 
 Mr. Montgomery : My friend is a man after my own 
 heart. Now we are proposing to lighten the burdens of the 
 Court of Appeals. I have always had some jealousy of the 
 Court of Appeals, because I could not get to be a Judge of 
 the Court of Appeals myself. 
 
 Now, some one said the United States Courts were thieves 
 of jurisdiction. The Court of Appeals is just the reverse. 
 They worked on the Legislature until they ran their juris- 
 diction up to $200. For twenty-five or thirty years the cases 
 that I wanted to appeal most were these little ones, and when 
 we were allowed to appeal on the smaller sums I noticed that 
 the judges were a good deal more particular about their 
 decisions. Those small cases are the ones that most urgently 
 need appealing sometimes. Those are poor men's cases. I 
 have always been a poor man's lawyer. Rich men didn't 
 need me. I think if we haven't judges of the Court of 
 
Appeals enough to do the work, we ought to have more 
 judges so as to allow us to have more appeals. 
 
 As to these abstracts they are talking about, it reminds 
 me very much of a case down in the country where a man 
 brought suit for a horse. Now I am not much posted on 
 these rejoinders and surrejoinders and all those other things, 
 but first there was a petition, then the answer, then the reply, 
 then the rejoinder and then the surrejoinder and all 
 those things, but anyhow, although the man brought 
 suit for the horse, when they got to the judgment the judg- 
 ment was for a yellow dog, and when you get to abstracting 
 these cases I am afraid you will be just as far away from the 
 original case. 
 
 But as to this objection about hurting the clerks ; if the 
 clerks can't make a living let them go to farming. 
 
 Now I don't know how it is about Louisville, but I know 
 it is hard to make buckle and tongue meet out in the coun- 
 try. I tell you with a family of nine my most difficult arith- 
 metic in the practice of law is to get beefsteak to go around. 
 
 A Member : Will you kindly tell us which side you are 
 on ? 
 
 Mr. Montgomery : I don't believe in that abstracting. 
 
 Mr. Strains : I move the previous question. 
 
 A vote being taken, the previous question was ordered, and 
 a further vote being taken, the motion of Mr. Strother as 
 amended by Mr. Baskin was carried. 
 
 Mr. Cromwell : Now, as suggested awhile ago, I move 
 that a committee of five from different parts of the State, 
 with a chairman who resides in Louisville, be appointed to 
 consider means of protecting the records of the Court of 
 Appeals. 
 
 A vote being taken, the motion was carried and a com- 
 mittee appointed as follows: 
 
 Judge Pirtle of Louisville, Mr. Cromwell of Frankfort, 
 Governor Bryan of Covington, Judge Settle of Bowling 
 Green, and Mr. Helm of Newport. 
 
53 
 
 Out-of-town resolutions were presented by Mr. McDer- 
 mott as follows : 
 
 At a meeting of the members of the Grant County Bar, 
 held at the court-house in Williamstown, Kentucky, on Mon- 
 day, the i8th day of November, 1901, Hon. A. G. Dejarnette 
 was elected Chairman, and H. Clay White was elected Sec- 
 retary. Hon. W. W. Dickerson, by request of the Chairman, 
 addressed the members of the bar, stating the object of this 
 meeting to be, to select delegates to attend a meeting of 
 the members of the bar of the State of Kentucky to organize 
 a State Bar Association, to meet in the city of lyouisville, 
 Kentucky, on Tuesday, November 19, 1901. On motion of 
 W. W. Dickerson a committee of three members of the bar 
 was selected to prepare resolutions and to select delegates to 
 attend said bar meeting at Louisville, Kentucky, and there- 
 upon the Chairman appointed Hon. W. W. Dickerson, Judge 
 C. C. Cram, and Judge J. H. Westover as members of said 
 Committee, who retired and then reported to the meeting 
 their resolutions, which were read and adopted, which resolu- 
 tions are as follows : 
 
 We, your Committee appointed to draft resolutions expres- 
 sive of the sentiments of the Grant County Bar in reference to 
 organization of a local and State Bar Association, beg leave 
 to report as follows : 
 
 Resolved, That it is the sense of the Grant County Bar 
 that a State and Local Bar Association ought to be formed for 
 the protection of the legal fraternity, the client, and for the 
 betterment of the conditions of the practice of the State ; 
 that we send to the State meeting at Louisville, on Tuesday, 
 November 19, 1901, as delegates from this bar, to represent 
 our interests at the proposed State meeting, Capt. A. G. 
 Dejarnette, the Dean of this bar, and M. D. Gray, and that 
 this bar, in conjunction with the State Association, organize 
 a permanent local association as soon as the State Associa- 
 tion is perfected and Constitution and rules for the said 
 organization can be had. 
 
 Resolved, That it is the opinion of this Committee that 
 the proposed Bar Association can be of great benefit and 
 
54 
 
 material aid to the commercial interest of this State by cor- 
 recting inequalities in the law and by suggesting proper 
 future legislation and modifications in existing laws, and 
 thereby become a material aid in the development of the 
 material and best interest of the State. 
 
 Respectfully, 
 
 W. W. DiCKERSON, 
 
 C. C. Cram, 
 
 J. H. Westover. 
 
 On motion it was ordered that the Secretary of this meet- 
 ing send a copy of the proceedings of this meeting to Hon. 
 Edward J. McDermott, Secretary of the Bar Association at 
 Louisville, Ky., and to the Courier-Journal at Louisville, Ky., 
 and to Williamstown Courier for publication. 
 
 On motion the meeting adjourned until next Saturday, 
 November 23, 1901, at 2 o'clock p. m. 
 H. Clay White, A. G. DeJarnette, 
 
 Secretary. Chairman. 
 
 On motion of Mr. Pirtle, the communication was 
 received and filed. 
 
 Mr. Montgomery : I want to offer a resolution that the 
 Committee on Law Reform should try to get some law passed 
 that if there is a decision below upon a demurrer which of 
 itself would determine the matter, that that can be taken to 
 the Court of Appeals without waiting for a trial of the case. 
 
 The motion was lost for want of a second. 
 
 Mr. Thornton : Ought we not to have some arrangement 
 about printing the Constitution ? 
 
 Judge Pirtle : That can be attended to under the general 
 power vested in the committee. 
 
 Mr. Thornton : I move that the Executive Committee be 
 directed to have the Constitution and list of committees dis- 
 tributed to the bar of the State. 
 
 Mr. Galloway : I would like to amend that by including 
 the proceedings of the meeting. 
 
55 
 
 Mr. Thornton : I have no objection to that if it is thought 
 necessary. 
 
 Mr. Galloway : Then let it be that the committee can 
 print such parts as they desire. 
 
 This was accepted, and the motion was carried. 
 
 On motion the meeting then adjourned and partook of a 
 repast that was served in the rooms of the lyouisville Bar 
 Association. 
 
56 
 
 COI^STITUTIOIS^. 
 
 NAME. 
 
 A^'ticle I. This association shall be known as The 
 Kentucky State Bar Association. 
 
 OBJECT. 
 
 Article II. This association is formed to advance the 
 science of jurisprudence, to promote reform in the law, to 
 facilitate the administration of justice, to uphold integrity, 
 honor and courtesy in the legal profession, to encourage 
 thorough liberal legal education and cordial intercourse 
 among members of the bar. 
 
 MEMBERSHIP. 
 
 Article III. The members of the bar attending this con- 
 vention, November 19, fgoi, from counties in which there is no 
 local Bar Association, and members of local Bar Associations 
 in attendance upon this convention, are hereby declared to 
 be members of this association, provided they shall, during 
 the present session, pay the annual dues and sign the Con- 
 stitution. Any member of the bar of good standing, resid- 
 ing or practicing in the State of Kentucky, may become a 
 member of the association upon nomination and vote, as here- 
 inafter provided. All members of local Bar Associations, 
 during the year ensuing from the 19th of November, 1901, 
 shall become members of this association upon paying the 
 annual dues, and such members may sign the Constitution at 
 any time within the year. 
 
57 
 
 ELECTION OF MEMBERS. 
 
 Article II '. The nominations for membership shall be 
 made by the Committee on Membership, and must be trans- 
 mitted in writing to the president, and by him reported to 
 the association, and if any member demands a vote upon the 
 names or any of those thus reported, the association shall 
 thereupon vote thereon by ballot. Several names may be 
 voted upon on the same ballot, and in such a case the placing 
 of the word "no" against any name or names upon the 
 ticket shall be deemed a negative vote against such name or 
 names, and against those only. One negative vote in every five 
 shall suffice to defeat the election. No member of the bar 
 residing in a county where there is a Bar Association shall 
 become a member of this association, unless he shall also be 
 a member of the local association. 
 
 OFFICERS. 
 
 Article V. The officers of the association shall be a presi- 
 dent, who shall be ineligible for a second term; one vice- 
 president for each Court of Appeals district represented in the 
 association ; a secretary, and a treasurer. All of these shall be 
 elected at the annual meeting and hold their office until the 
 next annual meeting of the association, and until their suc- 
 cessors are elected. 
 
 COMMITTEES. 
 
 Article VI. There shall be an Executive Committee, which 
 shall consist of the president, the last ex-president, the secre- 
 tary, and the treasurer, all of whom shall be ex-officio mem- 
 bers, together with five other members to be chosen by the 
 association; but no member shall be eligible to such choice 
 more than three years in succession, and the president, and 
 in his absence the ex-president, shall be the chairman of the 
 committee. 
 
58 
 
 The following committees shall be annually appointed by 
 the president for the year ensuing, and shall consist of seven 
 members each : 
 
 1. On membership. 
 
 2. On law reform. 
 
 3. On legal education and admissions to the bar. 
 
 4. On grievances. 
 
 A majority of those members of any committee who may 
 be present at any meeting of the association shall constitute a 
 quorum of such committee for the purpose of such meeting. 
 
 A committee of three, of whom the secretary shall 
 always be one, shall be appointed by the president at each 
 annual meeting of the association, whose duty it shall be to 
 report to the next annual meeting the names of all members 
 who shall have in the mean time died, with such notices of 
 them as shall in the discretion of the committee be deemed 
 proper. 
 
 Every committee shall at each annual meeting report in 
 writing a summary of its proceedings since its last annual 
 report, together with any suggestions deemed suitable to its 
 powers, duties or business. 
 
 COMMITTEE ON MEMBERSHIP. 
 
 Article VII. It shall be the duty of the Committee on 
 Membership to receive and consider proposals for member- 
 ship in this association, and by an affirmative vote of four 
 members to recommend to the association persons duly pro- 
 posed. They may make such regulations as they deem 
 needful as to proposals for membership. 
 
 DUTY OF COMMITTEE ON LAW REFORM. 
 
 Article VIII. It shall be the duty of , the Committee on 
 Law Reform to take notice of all proposed changes in the law, 
 and when this Bar Association is not in session, to take such 
 
59 
 
 action as they may deem best as to said proposed changes, 
 and to endeavor to procure such changes in the law as it may 
 deem advisable, either upon its own initiative or upon rec- 
 ommendation of a local Bar Association. 
 
 COMMITTEE ON LEGAL EDUCATION AND ADMISSIONS TO 
 
 THE BAR. 
 
 Article IX. It shall be the duty of the Committee on Legal 
 Education and Admissions to the Bar to examine and report 
 what changes should be made in regard to legal education 
 and admissions to the membership of the profession in the 
 State of Kentucky. 
 
 COMMITTEE ON GRIEVANCES. 
 
 Article X. The Committee on Grievances shall receive the 
 complaints which may be made in matters affecting the 
 interests of the legal profession, the practice of the law and 
 the administration of justice and report the same to the asso- 
 ciation with such recommendations as it may deem advisa- 
 ble. The proceedings of this committee shall be deemed 
 confidential and kept secret, except so far as reports of same 
 shall necessarily and officially be made to the association. 
 
 EXECUTIVE COMMITTEE. 
 
 Article XL This committee shall manage the affairs of 
 the association, subject to the Constitution and By-Laws, and 
 shall be vested with the title to all of its property, and shall 
 make By-Laws, subject to amendment by the association. 
 
 PRESIDENT. 
 
 Article XII. The president, or, in his absence, one of 
 the vice-presidents in the order of the appellate districts 
 
6o 
 
 from which they are selected, shall preside at all meetings of 
 the association. 
 
 SECRETARY. 
 
 Article XIII. The secretary shall keep a record of the 
 proceedings, and shall conduct the correspondence of the 
 association, and perform all the usual duties of such office. 
 
 TREASURER. 
 
 Article XIV. The treasurer shall collect, and by order 
 of the Executive Committee disburse, the funds of the associa- 
 tion, and keep a record of the accounts, which at all times 
 shall be open to any member of the Executive Committee. 
 
 'annual meetings. 
 
 Article XV. The association shall meet annually at 
 such times and places as the Executive Committee may select, 
 and those present at such meeting shall constitute a quorum. 
 
 DUES. 
 
 Article XVI. The annual dues of the members shall be 
 $3.00, payable yearly on or before the first day of the annual 
 meeting of the association ; and after each meeting of the 
 association the treasurer shall notify each member in arrears 
 of the amount due, and any member who shall remain in 
 default until the close of the annual meeting next following 
 such default shall be suspended and dropped from the rolls, 
 and shall not be reinstated until the back dues are paid. 
 
 BY-LAWS. 
 
 Article XVII. By-Laws may be adopted at any annual 
 meeting of the association by a majority of the members 
 
6i 
 
 present. It shall be the duty of the members of the Execu- 
 tive Committee to adopt suitable By-Laws, which shall be in 
 force until rescinded by the association. 
 
 AMENDMENTS. 
 
 Article XVIII. This Constitution may be altered or 
 amended by the vote of a majority of the members present 
 at any annual meeting. 
 
 BY-LAWS. 
 
 I. The order of exercises at the annual meeting shall be 
 as follows: 
 
 1. Opening address of the president. 
 
 2. Nomination and election of members. 
 
 3. Reports of secretary and treasurer. 
 
 4. Reports of Executive Committee. 
 
 5. Reports of Standing Committees. 
 
 6. Nomination of officers. 
 
 7. Miscellaneous business. 
 
 8. Election of officers and the Executive Committee. 
 
 II. No person shall speak more than ten minutes at a 
 time nor more than twice upon one subject. 
 
 III. At any meeting of the Association, members of the 
 bar of any foreign country, or of any other State, may be 
 admitted to the privileges of the floor during such meeting. 
 
 IV. The Executive Committee at its first meeting after 
 each annual meeting shall select one person to make an 
 address at the next annual meeting, and not to exceed five 
 members of the association to read papers. 
 
 V. The Executive Committee shall publish some days in 
 advance of each annual meeting a statement of the person 
 
62 
 
 ■who is to deliver the address and the persons who are to read 
 papers, and the subjects of each. 
 
 VI. All papers read before the association shall be lodged 
 with the secretary. 
 
 VII. All addresses delivered at the annual meeting, and 
 such of the proceedings thereof as are deemed important, 
 may be printed as the Executive Committee may order. 
 
 VIII. After the reading of each paper an opportunity 
 shall be given for discussion upon the topic of the paper. 
 
 IX. The president shall within thirty days after the 
 annual meeting appoint all committees which he is author- 
 ized to appoint by the Constitution, and shall announce them 
 to the secretary, who shall promptly give notice to the per- 
 sons appointed. 
 
 X. The terms of office of the members of the several 
 committees appointed by the president shall commence imme- 
 diately upon their appointment. 
 
 XL Each committee shall elect its own officers, except 
 as otherwise provided in the Constitution, whose term of 
 office shall commence on their election and continue until 
 the appointment of their successors. 
 
 XII. In addition to called meetings, the Standing Com- 
 mittees shall meet on the day preceding each annual meet- 
 ing, at the place where the same is to be held, at such hour 
 as the respective chairmen may designate. 
 
 XIII. Special meetings of any committee must be called 
 by its chairman, when he may deem it proper or when 
 requested so to do by two members thereof. The time and 
 place of such special meetings, when called as aforesaid, 
 shall be appointed by the chairman. Reasonable notice shall 
 be given by the chairman, of the special meetings, to each 
 member by mail. 
 
 XIV. The treasurer's accounts shall be examined and 
 audited annually .before its presentation to the association by 
 two members, to be appointed by the chairman of the Execu- 
 tive Committee. 
 
63 
 
 XV. The judges of the Court of Appeals of Kentucky, 
 and of the several Circuit Courts of the State, and the judges 
 of the United States Courts who are members of the Ken- 
 tucky bar, are ex-officio members of this Association. 
 
 XVI. It shall be the duty of the Executive Committee, at 
 least six weeks prior to the next ensuing annual meeting, to 
 negotiate and complete all proper arrangements for reduced 
 rates bf travel for those attending ; and through its chairman, 
 at least two weeks before the annual meeting, to advise the 
 members of the association by printed programs sent out to 
 them. 
 
 XVII. All applications for membership shall be accom- 
 panied with the annual dues of the ensuing year, and upon 
 default so to do such application shall be returned to such 
 applicant by the secretary of the association or the Commit- 
 tee on Membership. 
 
 ROLL OF MEMBERS. 
 
 Ahlering, G. H Newport. 
 
 Allen, Lafon Louisville. 
 
 Anderson, W. G Louisville. 
 
 Bailey, S. C Newport. 
 
 Barker, Thomas A Louisville. 
 
 Barret, Mason Louisville. 
 
 Barrett, Alex. G Louisville. 
 
 Baskin, John B _Louisville. 
 
 Beckley, P. C Louisville. 
 
 Beckner, W. M. Winchester. 
 
 Bingham, R. W Louisville. 
 
 Booth, Percy N Louisville. 
 
 Brent, George A Louisville. 
 
 Brandeis, Albert S Louisville. 
 
 Briggs, George G Louisville. 
 
64 
 
 Brown, Thomas R Catlettsburg. 
 
 Bruce, H. W Louisville. 
 
 Bruce, Helm Louisville. 
 
 Bryan, James W. Covington. 
 
 Buchanan, Lytle Louisville. 
 
 Bugg, R. J Bardwell. 
 
 Bullitt, Thomas W Louisville. 
 
 Bullitt, Wm. M Louisville. 
 
 Burnett, Henry ^ Louisville. 
 
 Burton, George L Louisville. 
 
 Byrne, Wm. A Covington. 
 
 Brown, John Mason Louisville. 
 
 Campbell, James Paducah . 
 
 Carroll, John D Newcastle. 
 
 Claj', Buckner Paris. 
 
 Cox, Attilla, Jr Louisville. 
 
 Cooper, Hugh P Lebanon. 
 
 Crabb, Wilson D Louisville. 
 
 Cromwell, Wm Frankfort. 
 
 Dallam, Clarence Louisville. 
 
 Davis, W. O - ■ Versailles. 
 
 Davies, W. W. Louisville. 
 
 Dickson, Emmet M Paris. 
 
 Dixon, Wm. B Louisville. 
 
 Dodd, J. L Louisville. 
 
 Dodd, J. C Louisville. 
 
 Doolan, John C Louisville. 
 
 Eagles, Wm. B Louisville. 
 
 Esslinger, John A Louisville. 
 
 Farnsley, B. H Louisville. 
 
 Field, Wm Louisville. 
 
 Flexner, Bernard Louisville. 
 
 Ford, James T Louisville. 
 
 Galloway, John M Bowling Green. 
 
 Galvin, John Covington. 
 
 Gordon, Thomas R Louisville. 
 
 Gordon, Robert Louisville. 
 
 Graham, J. C Leitchfield. 
 
 Gray, Richard H Covington. 
 
65 
 
 Green, Pinckney F LouisvUe. 
 
 Gnibbs, Charles S I^ouisville. 
 
 Grubbs, Rodman lyOuisville. 
 
 Harbeson, M. L Covington. 
 
 Harris, W. O I^ouisville. 
 
 Helm, Charles J Newport. 
 
 Helm, James P. lyOuisville. 
 
 Helm, T. K I^ouisville. 
 
 Hillsman, Wm. P Louisville. 
 
 Hodge, John T : Newport. 
 
 Holmes, R. S. Covington. 
 
 Humphrey, A. P Louisville. 
 
 Humphrey, E. P Louisville. 
 
 Jackman, John S Louisville. 
 
 Jarvis, Wm Louisville. 
 
 Johnson, H. M Louisville. 
 
 Johnson, Jep. C. Greenville. 
 
 Jolley, G. W. Owensboro. 
 
 Jouett, E. S Winchester. 
 
 Joyes, Morton V. Louisville. 
 
 Kutzleb, Anton . .- Louisville. 
 
 Kaiser, E. F. W. Louisville. 
 
 Lindsay, C. M. Louisville. 
 
 Lindsey, D. W Frankfort. 
 
 Mackoy, H. B Covington. 
 
 Mackoy, W. H. Covington. 
 
 Miller, Richard W .Richmond. 
 
 Montgomery, James Elizabethtown. 
 
 Morancy, Frank W Louisville. 
 
 McCartney, W. P Paducah. 
 
 McDermott, E. J Louisville. 
 
 McDonald, E. L Louisville. 
 
 McDonald, A. W . Louisville. 
 
 McDowel, R. A Louisville. 
 
 McDowell, Charles Danville. 
 
 McElroy, C. U Bowling Green. 
 
 McLeod, Field. Versailles. 
 
 McQuawn, Lewis Bowling Green. 
 
 Muir, Upton W ...- -Louisville. 
 
66 
 
 Nelson, R. W Newport. 
 
 Newman, Geo. A., Jr Louisville. 
 
 O'Doherty, Matt Louisville. 
 
 O'Meara, J. P Elizabethtown. 
 
 Peckinpaugh, N. R Louisville. 
 
 Pendleton, D. L - Winchester. 
 
 Pirtle, James S Louisville. 
 
 Price, W. A Covington. 
 
 Quarles, James Louisville. 
 
 Ray, Charles T. Louisville. 
 
 Reed, J. D Louisville. 
 
 Reed, W. M Paducah. 
 
 Richards, A. E Louisville. 
 
 Rouse, S. D Covington. 
 
 Russell, John C Louisville. 
 
 Rutledge, A. M._ Louisville. 
 
 Sampson , J. R Middlesboro. 
 
 Scott, W. M Shelbyville. 
 
 Selligman, Alfred Louisville. 
 
 Selligman, Joseph Louisville. 
 
 Seymour, C. B Louisville. 
 
 Shaw, W. McB Covington. 
 
 Sherley , S wager Louisville. 
 
 Simmons, Robert D Covington. 
 
 Smith, George Weissinger Louisville.' 
 
 Snively, Theo. C Louisville. 
 
 Sprague, E. W Louisville. 
 
 Strother, John C Louisville. 
 
 Straus, F. P Louisville. 
 
 Sullivan, J. A Richmond. 
 
 Sullivan, J. H . Louisville. 
 
 Taylor, H. P Hartford. 
 
 Theobald, Thomas D Grayson. 
 
 Thornton, D. L Versailles. 
 
 Thornton, R. A Lexington. 
 
 Thum, W. W Louisville. 
 
 Trabue, E. F Louisville. 
 
 Tracy, Frank M Covingto». 
 
 Twyman, I. W Hodgenville. 
 
67 
 
 Walker, C. A. J Covington. ' 
 
 Washington, George Newport. 
 
 Wathen, Chapeze Owensboro. 
 
 Watkins, H. A _. Munfordsville. 
 
 Watts, J. R Louisville. 
 
 Watts, W. W Louisville. 
 
 Wehle, O. A Ivouisville. 
 
 Willis, L. C Shelbyville. 
 
 Willson, A. E Louisville. 
 
 Wilson, S. M Lexington. 
 
 Woodson, Isaac T Louisville. 
 
 Wortham, J. S... Leitchfield. 
 
 Wright, James C. Newport. 
 
 Yeaman, L. R Louisville. 
 
 Yeaman, Malcolm Henderson. 
 
 HONOTtARY MEMBERS. 
 
 Hon. B. L. D. Guffy Frankfort. 
 
 Hon. George DuRelle Frankfort. 
 
 Hon. Thomas H. Paynter Frankfort. 
 
 Hon. James D. White Frankfort. 
 
 Hon. A R. Burnam Frankfort. 
 
 Hon. John P. Hobson Frankfort. 
 
 Hon. Ed. C. O'Rear Frankfort. 
 
 Hon. J. E. Robbins Mayfield. 
 
 Hon. L. D. Husbands Paducah. 
 
 Hon. Thos. P. Cook Murray. 
 
 Hon. T. J. Nunn Madisonville. 
 
 Hon. John L. Dorsey . Henderson. 
 
 Hon. W. T. Owen Owensboro. 
 
 Hon. S. R. Crewdson Russellville. 
 
 Hon. W. E. Settle Bowling Green. 
 
 Hon. T. R. McBeath-- Leitchfield. 
 
 Hon. Samuel E. Jones Glasgow. 
 
 Hon. Chas. Patteson Campbellsville. 
 
 Hon. W. M. Carroll Newcastle. 
 
68 
 
 Hon. M. C. Saiifley Stanford. 
 
 Hon. Jas. E. Cantrill Georgetown. 
 
 Hon. John M. I^assing Burlington. 
 
 Hon. Jas. P. Tarvin . Covington. 
 
 Hon. John T. Hodge Newport. 
 
 Hon. Hanson Kennedy Carlisle. 
 
 Hon. James Paxton Harbeson Flemingsburg. 
 
 Hon. S. J. Kinner Catlettsburg. 
 
 Hon. John E- Cooper Mt. Sterling. 
 
 Hon. Watts Parker Eexington. 
 
 Hon. D. B. Redwine _- Jackson. 
 
 Hon. A.. J. Auxier Pikeville. 
 
 Hon. Thomas J. Scott Richmond. 
 
 Hon. M.J. Moss Pineville. 
 
 Hon. S. B. Dishman Barbourville. 
 
 Hon. Z. T. Morrow : Somerset. 
 
 Hon. W. W. Jones Columbia. 
 
 Hon. Shackelford Miller Eouisville. 
 
 Hon. Henry S. Barker Louisville. 
 
 Hon. Emmett Field Eouisville. 
 
 Hon. Sterling B. Toney Louisville. 
 
 Hon. John M. Harlan Washington, D. 
 
 Hon. Walter Evans Louisville. 
 
 Hon. A. M. J. Cochran Maysville.