up from the Fifth District, that the attorneys would come around afterwards with a bill of exceptions.

It seems to me that it is better to have it certified by some person who is still a judge. I believe that men are fair and honest, but also believe that it would be better to have a public official sign it. I am not tenacious about that; all I want is some way by which this record shall be preserved.

President Kinne: The question is upon the motion of Mr. Harl to strike out the words "Resignation or expiration of his term;" all in favor of the motion signify it by the usual sign. Motion declared lost.

President Kinne: The question now resolves itself upon the original question; all in favor signify it by saying "Aye." Contrary "No." It is carried.

Secretary reads fourth section.

Moved and seconded that the fourth section be adopted. Carried.

Secretary reads fifth section.

Mr. Henderson: Mr. Chairman-I think it is due to Judge Wade and others offering the resolution that something more be said than by the committee. I do not think it is feasible to say that in each of the ninety-nine counties in this State, the clerk must be a lawyer. Those of us who were old enough to know about the system of the county judge are glad that it is abolished. You know that in the fall we elect clerks for two years and you would raise such an opposition in the legislature, and also, this provision would take from the clerkship many good men. The better way would be to give relief to the district judge in some other way than by giving the work to the clerk of the court.

Mr. Wade: I want to say that I am not at all tenacious about the matter, but I want to say that there is no conscientious judge who cannot help but feel that he has not sufficient knowledge of the estates to hazard the condition of an estate by signing any order. It is simply a question of getting this matter before the legislature and attempting to get some relief, as the probate business is becoming so great that you cannot properly attend to it. A commissioner might be appointed by

the court to refer all probate matters to and you might hear from Mr. Jayne, who suggested it to me.

Mr. Henderson: It is not just to the committee to say that that was considered by all. Two of us drew that, and I understand that Judge Preston is not with us in this matter. He seemed to think that the present condition is fairly good.

Mr. Henry: I move that the recommendation of the committee be adopted. (Seconded.)

Mr. Holmes: I want to say that this matter can be remedied by the appointment of a referee. In counties like Polk, there is business enough to take the time of one man and I believe there is more money involved in the probate than in the civil business. The difficulty that I want to point out is that no judge can take proper care of the probate business or ascertain anything about these matters.

Mr. Mechem: I desire to say something about this matter. One thing that occurs to my mind is the electing of some young attorney to fill the office of clerk of the court. The people might have something to say about that. They may say "We can get along without electing young attorneys." People might not take to it, if we should make this recommendation. I know that in our district, the probate business is not well cared for. It has hardly been neglected, but it has not had the proper attention. One case occurred a few weeks ago when an old soldier, from our town, died in the hospital. After his death an administrator was appointed and I found that the old soldier had belonged to a firm which had failed and that the only parties on a bond which he had given as the guardian of a minor were the members of that firm and that his widow and children were left without anything. There had been no report filed for five years. This is but one case. There is a good deal of complaint about the probate business. I am in favor of having a probate judge in every county. If this business could go into the hands of some person who should be elected as a judge of probate, it would be carefully looked after. They would take pains in looking after the matters of the estate. I don't think there is any system that we can adopt in Iowa that will do the business as well as a probate court. This system we have in vogue is not good. A

man may be elected and come in from the farm and he is not able to take charge of probate business. It occurs to me that it would be best to have, in each county, some good man who would take charge of the business and look after the matter.

Mr. Carpenter: I wish to present the following motion as a substitute to section five of the committee's report. (Reads same.)

President Kinne: All in favor to refer this to the committee for further action will signify it by saying "Aye." Contrary "No." The Noes have it.

The motion of Mr. Carpenter carried.

Mr. Kean: I move that the report, as amended and substituted be adopted and the Secretary instructed to furnish copies of it to the Committee on Law Reform for use. Seconded and carried.

The following is report as adopted:

REPORT OF COMMITTEE ON LAW REFORM.

Your Committee on Law Reform submit the following report: In matters concerning submission of causes in Supreme Court and the writing of opinions, we only have submitted our conclusions and recommendations, without more, as the reasons therefor are fully and better stated than we could in the address of our President. First-Opinions of the Supreme Court.

We recommend that the statutes be so amended as that the opinions of the Supreme Court, in determining causes submitted on appeal, shall be written only in cases wherein the cause is reversed, and in causes affirmed or modified, only such as in the judgment of the judges of the Supreme Court present such questions and rulings as will warrant written opinions, and in other cases requiring only an entry of such affirmance or modification on the proper docket or record.

Second-Assignment of causes and oral arguments. We recognize the difficulty under existing procedure, the residence of our Supreme Judges, and the salaries now provided, in making radical changes in the rules of submission of causes in the Supreme Court, but we believe, and so recommend, that the statute be so changed as that each judge of the Supreme Court may and shall read in full all the record, abstracts and arguments in cases to be decided by the Court, and that the best result from oral arguments be attained, that in all cases noticed for oral argument, that a few cases be assigned for hearing, and when heard, recess or adjournment be taken for such a time as will enable immediate examination to determine and write

opinions, and then ordering another assignment and like hearing until all the causes are determined.

The decisions would then soon follow the submission and better results would ensue. It would be very practicable to make such change if the opinions were not in all cases required to be written, and in our judgment, under existing law, the method of assignment, hearing of oral arguments and rendition of decisions as herein recommended should be adopted.

And we further recommend to our Legislature that such needed appropriations and increase of salaries be made, to make such reform in our procedure fully effective.

Third-Bills of exception and certification of the record. There should be some provision in case of the death, disability, resignation or expiration of the term of office of the trial judge before certificate is had for certifying the record on appeal.

We recommend that our statute provide in such contingency that the successor be authorized to certify the record.

Fourth-We approve the settlement of national controversies by an international Board of Arbitration, and recommend in accordance with request of the New York State Bar Association that a committee of this Association be appointed to act with like committees of other State Bar Associations in securing and adopting wise and needed provisions and tribunals for peaceful settlement of international controversies by arbitration.

Fifth-We recommend some legislation that will better facilitate and expedite the transaction of the probate business of the several counties of the State, and that will provide for a more thorough examination of reports of guardians and administrators.

Respectfully submitted,

J. H. HENDERSON,
G. H. PRESTON,
CHAS. D. LEGGITT,
C. C. NOURSE,
LEWIS WILSON.

Mr. McGuirk: I move you that the salaries of District Judges, in the sense of this body, be increased to $3,500. (Seconded.)

Laid on table.

REPORT OF EXECUTIVE COMMITTEE.

The Executive Committee held its meeting and herewith reports that it has selected the following standing committees: Membership-R. M. Haines, W. A. Park, M. J. Tobin.

Grievances-Lewis Miles, Anthony C. Daly, P. L. Seever, A. Saunders, W. J. Roberts.

Law Reform-A. B. Cummins, John Cliggett, L. C. Blanchard, Judge Preston, P. W. Burr, C. A. Carpenter, Samuel Hayes.

Legal Education and Admission to the Bar-Emlin McClain, L. G. Kinne, Geo. F. Henry, H. O. Weaver, Geo. W. Wakefield.

Legal Biography-H. S. Winslow, C. C. Nourse, A. J. McCrary. Constitution and By-Laws-Milton Remley, J. W. Bollinger, T. M. Fee.

Delegates to American Bar Association--L. G. Kinne, J. H. McConlogue, Emil McClain.

Program-E. H. Crocker, M. J. Wade, F. W. Eichelberger.

As authorized to select a place for next annual meeting of the Association, it has decided upon the City of Cedar Rapids, and the date of the meeting is left to be agreed upon by the President, Secretary and Treasurer of the Association.

The committee recommends that the President be authorized to secure a speaker for the meeting of next year, and that the expenses incurred be allowed, and that the President be authorized to draw upon the Treasurer for such money as he may need in payment of expenses incurred in securing new members.

The committee further recommends that the Secretary have 2,500 copies of the proceedings of this meeting printed and distributed, as was done last year, and that he also have 300 copies of Judge Kinne's address printed separately.

JAS. W. BOLLINGER, Sec'y.

Mr. Sharon: I move that this report be adopted and approved. (Seconded and carried.)

The motion was made and seconded that the rules be suspended and that Judge John Barton Payne be elected an honorary member of this association. (Carried.)

Mr. Heinz: I move that the Secretary be requested to have a copy of Judge Payne's address sent to the Chicago papers. Seconded. Carried.

Mr. Nourse:

Resolved, That the thanks of this Association are due and are hereby tendered to Judge John Barton Payne for his very excellent and learned address delivered before the Association at the present session.

The resolution was seconded and carried.

Resolved, That the Executive Committee be authorized to draw upon the Treasurer for such sum as may be required to properly present to the legislature any change in the laws of the state recommended by the action of this Association.

The meeting then adjourned sine die.

JAS. W. BOLLINGER, Secretary.