In the common law right and justice are the guiding stars, and the object of the procedure is to reach that end.

The right of trial by jury is a fundamental principle of English and American jurisprudence. The manner of selecting the jury to obtain a fair and impartial verdict is only a matter of expediency. No Anglo-Saxon people would consider the abolition of trial by jury. That is a prime principle of liberty. The underlying principle of a republic is that all power is inherent in the people, and the jury is an exponent of that power. Whatever we may do, let us stand by the right of trial by jury. That is and should be inviolable. But as to the manner of selecting the jury so as to get one that is intelligent and impartial, and as to the manner of proceeding thereafter so as to secure a fair and proper verdict, many theories and suggestions might be advanced.

The present manner of selecting the jury in Tennessee is not the best. The appointment of jurors by members of the County Court, and the selection of others by the sheriff, not unfrequently leads to impaneling a very indifferent jury. We suggest that it would be better to have a jury commision of say three persons to be appointed by the judge, or otherwise selected and appointed, who should select a large number of names of competent jurors, say at least three hundred, and put them in a sealed box, and that the names of the jurors be drawn from the box as may be necessary. In this way no one could tell when he would be on a jury, and the jury commissioners would not know who would constitute the jury at any term. This method has proven satisfactory in the United States Courts, and in the courts of a number of States.

While the courts should always cling to principles, they should have the benefit of all useful discoveries and improvements. Formerly in making up a bill of exceptions, it was necessary to rely upon the meager notes of counsel and the recollection of counsel and the judge as to what the testimony of the witnesses and the charge of the court were. Now a stenographer can take down the questions and answers, the charge, and, in fact, everything that occurs on trial literally. The court

should have the benefit of this. There should be an official stenographer at each Circuit Court, to take down the testimony of the witnesses, the charge of the court, when not in writing, together with all other imporatant matters that may occur on trial. In this way an absolutely fair bill of exceptions can be obtained.

Under our chancery practice we consume too much time and too much labor in taking depositions in the old way. We should have an official stenographer in each county authorized to take depositions.

The present law as to the re-opening of biddings on judicial sales of land should be amended. Now, anyone can re-open biddings before confirmation by raising the same ten per cent. The result is that there is practically no interest taken in the advertised or published sales, and the parties entitled to the proceeds of the sale lose the benefit of the competition incident to a sale at public outcry to the highest and best bidder. We suggest that a statute be passed restoring the old law requiring parties seeking to re-open bidding to show cause, or else that a statute be passed providing that after sale the Clerk or Clerk and Master who made the sale may re-open the bidding at his office at any time before he files his report upon an advanced bid being offered, and continue to receive advanced bids until he files his report, and that he shall file his report on the Saturday before the first day of the term, and that thereafter the biddings shall not be re-opened except for good cause shown.

Respectfully submitted,

J. W. E. MOORE, Chairman,
ALEXANDER W. CHAMBLISS.

The report was discussed by Messrs. Swaney, Pickle, Moore, Warriner, Bradford, Chambliss, Bonner, McFarland, Holman, and J. H. Malone.

Upon motion, duly made and seconded, further discussion of the report was postponed until the afternoon session.

The President then introduced to the association Hon. Tim. E. Cooper, of Memphis, Tenn., Ex-Chief Justice of the Supreme

Court of Mississippi, who delivered an address to the association.

(See Appendix.)

The following letter was read by the Secretary to the association:

Chattanooga, Tenn., July 13, 1898.

To the members of the Tennessee Bar Association:

The members of Chattanooga Bar and Law Library Association, and the association in its own behalf, hereby extend to you their cordial greeting, and join you in the hope and expectation that your present meeting in our midst will be fruitful of results both pleasant and profitable. It also affords us great pleasure to extend to you the courtesy and use of our law library and library room in Temple Court building in this city while you sojourn with us.

Yours sincerely,

R. L. BRIGHT, President.

Upon motion, it was ordered that the Secretary, on behalf of the Bar Association of Tennessee, acknowledge receipt of said letter, and return the thanks of the association for the courtesy extended.

The association then adjourned until 3 P.M.

AFTERNOON SESSION.

Thursday, July 14, 1898.

The association met at 3 P.M., President Metcalf in the chair. The first feature of the programme was a paper read by J. C. Bradford, of Nashville, entitled "American Democracy and Some of its Tendencies." (See Appendix.)

Then followed a paper read by L. B. McFarland, of Memphis, entitled "Some Reminiscences of the Memphis Bar." (See Appendix.)

Caruthers Ewing, of Memphis, then read a paper on "Dissenting Opinions."

The following resolution, presented by J. H. Malone, of Memphis, was, upon motion, adopted:

Resolved, That a special committee of nine be appointed by the incoming President, to whom will be referred the report of the Committee on Legal Education and Admission to the Bar, with instructions to formulate a bill to repeal the sections of the Code allowing persons to practice law before Magistrates and the County Court, upon obtaining a certificate of good character from the County Court; and also to prepare a bill substantially as recommended by the Standing Committe of this association, and as heretofore indorsed in 1896 and 1897 by this association; and that said committee be also instructed to appear before the next session of the Legislature and urge the passage of the bills as prepared.

The following resolution, presented by J. W. E. Moore, of Brownsville, was, upon motion of Geo. Gillham, of Memphis, adopted:

Whereas, A necessity exists in the Sixth Circuit for the appointment of an additional Judge of the Circuit Court of Appeals; and,

Whereas, A bill is pending before Congress for such appointment; therefore be it

Resolved, That our Senators and Representatives in Congress be, and they are hereby, requested to support the passage of said bill; and that the Secretary of this association be, and he is hereby, directed to send copies hereof to each of our Senators and Representatives in Congress.

Upon motion, the report of the Committee on Judicial Administration and Remedial Procedure was re-committed to said committe for the purpose of preparing bills in accordance with the reforms suggested (except that portion pertaining to the Jarvis law), with instructions. to report the following day. The association then adjourned until Friday morning at 19 A.M. (On Thursday evening, in the parlors of Lookout Inn, Hon. Philip Lindsley, of Dallas, Texas, read to the association a legal comedy written by him entitled "Humor of the Courtroom.")

THIRD DAY.

Friday, July 15, 1898. The association met at 10 A.M., President Metcalf in the chair.

The Committee on Judicial Administration and Remedial Procedure, through J. W. E. Moore, chairman, reported that the committe had not had time to formulate bills in accordance with the recommendations of the committee, and that the committee had stricken from the report that portion favoring the repeal of a portion of the Jarvis law.

Upon the motion, the report was ordered to be filed aro printed in the proceedings.*

The next feature of the programme was a paper prepared by Judge J. T. Allen, of Pulaski, entitled "Economics in America." (See Appendix.)

James Maynard, of Knoxville, then read a paper on "International Intervention." (See Appendix.)

Jerome Templeton, of Knoxville, chairman of the Committee on Jurisprudence and Law Reform, then submitted the report of said committee. Said report is as follows:

REPORT OF COMMITTEE ON JURISPRUDENCE AND LAW REFORM.

To the Bar Association of Tennessee:

Your committee appointed to report on the above stated subject find their duties prescribed in the action of this association, at its session of last year, as found on pages 38 to 45, inclusive, of the published proceedings for that year.

The first subject on which the report of this committee is requested is: "What reform, if any, can and should be had b legislation concerning the present County Court proceedings, and the jurisdiction properly, if any, to be given the Justices."

*The report of the Committee on Judicial Administration and Remedial Procedure is printed herein as finally reported, that portion recommending the repeal of certain portions of the Jarvis law having been stricken out.