In the first place, the mature judgment of the Court is exercised when the charge is settled, and a motion for a new trial does not bring to light inadvertent mistakes. Full many a verdict has been set aside because of slips and errors by the Court, which would never have been committed except inadvertently.

Then, too, with proper charges, properly and fully explained by opposing counsel, juries more certainly reach correct conclusions, so that the necessity to set aside verdicts on account of mistakes of juries, is reduced to a minimum.

Under the old rule cases are often tried two or three times. in the lower court, where days and weeks are taken up in each trial, because either the jury failed to agree or the Court set aside the verdicts on account of error committed by the Court or jury. The right to object to, and argue charges before they are given, saves the Court from mistakes. The right of the parties to read, expound, and discuss the charges as given, saves the jury from misunderstandings, disagreements and mistakes.

HOW CAN THE NEW RULE BE PUT IN OPERATION IN TENNESSEE?

Statutes might be enacted to govern the matter, but that is not necessary. The courts might adopt the practice without any statutory enactment.

In Oklahoma there is no statute on the subject, and yet the instruction to the jury is usually written and read to the jury before the argument and taken by the jury to their jury-room. The same rule could be adopted by any Circuit Judge in this State. It has been held in this State that the Court has "the undoubted right to submit the propositions" (to be given in charge to the jury) "to the opposing counsel for examination and discussion if he saw proper." Railroad v. Gurley, 12 Lea, 46 (61).

Upon motion the report was approved and accepted. Upon motion it was resolved that a committee be appointed to draft

a bill and present same to the Legislature in accordance with the report of the committee on Jurisprudence and Law Reform requiring circuit judges and chancellors in civil cases to charge the jury before argument, and also that the Central Council memorialize circuit judges and chancellors to meet and consider this matter.

The committee appointed was J. S. Pilcher, chairman; W. L. Welcker, Thomas Curtin and John W. Judd.

The next features of the programme were two papers on the subject, "How to Relieve the Supreme Court Docket," read by James H. Malone and George Gillham, respectively. (See Appendix.)

The following resolution presented by J. H. Acklen, of Nashville, was unanimously adopted:

"Whereas, There is now pending before the Congress of the United States a bill providing for an increase of 50 per cent. in the salaries of the judges of the courts of the United States,

"Resolved, That in the opinion of this association this is a just and proper measure and should become a law, and the passage of the bill is favored accordingly.

"Resolved further, That a copy of this resolution be furnished to the chairman of the House and Senate judiciary committees, and the Senators and members of Congress from this State." The association then adjourned until 4 p.m.

AFTERNOON SESSION.

July 20, 1900.

The head of miscellaneous business having been reached, it was moved and seconded that the papers read by J. H. Malone and the bills recommended be referred to the committee on Judicial Administration and Remedial Procedure.

J. H. Acklen introduced the following resolution, which was unanimously adopted:

"Resolved, That it is the sense of this association that the salaries of our State judiciary are generally inadequate, and that the Legislature should enact remedial legislation, where the necessity for same exists, and we urge such legislation prior to the election to be held in 1902 for judicial officers."

Upon request of the president, Gov. McMillin addressed the association. A vote of thanks was tendered the Governor. The committee appointed to report on the Nashville College Law School then made its report, which was as follows:

To the Bar Association of Tennessee:

The undersigned committee, appointed to report upon the character and standing of the Nashville College Law School, under the management of one styling himself variously as J. William Farr, William Farr and J. W. Farr, respectfully begs leave to report as follows:

Some members of the committee have had such personal acquaintance and experience with this man as to know him for an ignorant tyro, charlatan and fakir.

Other members have seen his remarkable advertising pamphlet, in which he proposes to confer numerous unheard of degrees, and resorts to cheap and vulgar advertising tricks to catch the eye and the dollars of adventurers and the unwary.

Your committee, therefore, has no hesitancy in pronouncing this alleged law school, with its thoroughly discredited head, an arrant fraud and humbug, which cannot be recognized by the profession, and against which the public should be warned.

S. A. CHAMPION,
A. W. CHAMBLISS,
WM. L. FRIERSON.

I have no personal knowledge of the matters stated above, but from statements and proof offered to substantiate them I believe them to be true, and therefore most heartily concur in the above report. ED. T. SEAY.

The following resolution, introduced by John W. Judd, was unanimously adopted:

Resolved, First, That it is the sense of this association that, in order to foster legal science and maintain the honor and dignity of the professsion of law, and establish an uniform standard of qualification throughout the State, all laws authorizing the granting of license to practice law by circuit judges. and chancellors and law school faculties should be repealed, and the power and function of granting license and admitting members to the bar should be conferred solely upon the Supreme Court, under such regulations as it may see fit to prescribe.

Second, That a committee of five (5) members of the association be appointed to prepare and promote the passage of such act or acts as will attain the result sought in the above resolution.

The president appointed on said committee Hon. John W. Judd, chairman; John S. Pilcher, J. H. Malone, Thomas H. Malone and H. H. Ingersoll.

The Hon. H. H. Ingersoll introduced the following resolutions, which were unanimously adopted:

Resolved, That this association cordially approves the plan of the American Bar Association to celebrate with appropriate ceremonies February 4, 1901, as John Marshall Day, and hereby requests and authorizes the president to appoint five delegates from this association to represent our State bar at said celebration.

Second, That in furtherance to commemorate the character and services of the "Great Chief Justice," a special meeting of this association be held at Nashville on the fourth day of February next, for the celebration of John Marshall Day, with such ceremonies as may be appropriate under the direction of the president and Central Council.

Resolved, That the president appoint a committee of five members to be charged with the duty of promoting the passage by the next General Assembly of the bill reported to the present meeting, and approved by the association, entitled "A Bill to Create Boards of Jury Commissioners."

The president appointed on said committee Foster V. Brown,

chairman; Joseph H. Acklen, E. T. Seay, J. H. Malone and Horace Vandeventer.

Robert Lusk called up the resolution yesterday presented by him, condemning the practice of soliciting lawsuits through agents, detectives and others. The resolution was unanimously adopted. The resolution is as follow:

Whereas, It has come to the knowledge of this association that a practice is growing up in Tennessee among certain members of the legal profession of soliciting business through various agents, particularly damage suits and criminal cases, sought for and worked up by detectives, drummers or spotters;

Whereas, This association is of the opinion that such practices do not comport with the dignity and ethics of the profession; and,

Whereas, further, Such practices do not further the administration of justice, nor any public interest; therefore, be it

Resolved (1), That we, the Bar Association of Tennessee, unqualifiedly condemn such practices, and that it is the sense of this association that no person engaging in such practices is eligible to membership in this association.

(2) That the committee on judicial administration and remedial procedure be directed to investigate the extent and character of said practices and report the result of their investigation at the next meeting, and also that means should be adopted for the suppression of the same.

The next head of business was the election of officers. following were elected:

The

President, George Gillham, Memphis; vice presidents, F. H. Heiskell, Memphis; E. T. Seay, Gallatin, and John K. Shields, Morristown; Central Council, W. S. Rosebrough, chairman, Memphis; J. H. Malone, Memphis; H. C. Warinner, Memphis; J. H. Acklen, Nashville, and W. L. Frierson, Chattanooga; R. Lee Bartels, secretary and treasurer, Memphis.

Delegates to the American Bar Association-Charles R. Head, of Chattanooga, and C. W. Metcalf, of Memphis. Alternates: E. J. Baxter, Jonesboro, and Thomas Curtin, of Bristol. The association then adjourned.