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The Secretary then read the ninth recommendation of the Committee, as follows:

"That no one but a member of the bar shall be eligible to the office of probate judge.”

The Secretary: The balance of the recommendation was stricken out.

The President: The printed report has been amended by the Committee in their formal report, so that it now is, "That no one but a member of the bar shall be eligible to the office of probate judge," omitting the word "state" before the word "bar," and the balance of the recommendation as printed in the pamphlet.

The recommendation of the Committee was adopted.

Mr. M. A. Norris, Youngstown: I wish to offer a resolution, to get it before the Association, to cure an evil that appears from the President's address, and must appear to every lawyer who has practiced in the Supreme Court. That is, the large number of cases that are decided and the bar does not know what cases are decided, or how they are decided. Of course, it is impracticable to publish in the reports the decisions in all the cases passed on by the Supreme Court, but it seems to me that there is a way by which the litigants or parties in the case may have an explanation of the motive of the judges in rendering the decision; and I offer this resolution:

"Resolved, That it is the sense of the Ohio State Bar Association that the laws of Ohio be so amended as to enable and require the Supreme Court of the state, in all cases not to be reported in the regular volumes of Supreme Court Reports, to decide all questions properly submitted in such cases and publicly announce their decisions. Such decisions to be taken down by the stenographer provided for that purpose and copies

thereof furnished to the parties to the case or their counsel; and that in all cases decided by the Supreme Court it shall be publicly announced what members of the court concurred in the decision given."

I offer that resolution for such action as this Association may desire to take, and I move its adoption.

It was moved that the resolution be referred to the regular Committee on Judicial Administration and Legal Reform, seconded, and the resolution referred accordingly.

The President: The Secretary calls my attention to the fact that there are a number of committees that ought to be discharged, so that the Association will not be at the expense of carrying them in the minutes. The Committees are: The Special Committee on New Rooms for Supreme Court and State Law Library; the Special Committee to Present Rules to Supreme Court for Examination and Admission to the Bar; the Special Committee to Welcome American Bar Association at Cleveland; Special Committee to Examine Charges of Professional Misconduct.

Mr. Simeon M. Johnson: I move that all of said committees be discharged.

Seconded and carried.

The Association adjourned to tomorrow morning at 10 o'clock.

THIRD DAY-MORNING SESSION.

Hon. Asa W. Jones, Youngstown: Mr. President, I learn that the gentlemen whom we expected here to read papers are not here, and also that a good many members are going away this afternoon; and I take it that we all have an interest in hearing the memorial papers on our friends who died during the last year;

and I move that the program be changed to read the papers this forenoon instead of this afternoon.

Seconded and carried.

Judge Pike: Among the names of applicants that will be read, there is one that is a trifle out of the usual order. Eight years ago the qualifications of the gentleman referred to were passed upon and he became a member, but he left the state, and I didn't know it, and suspended him. He is a resident of New York, and he has put in his application that he wants to belong to the Ohio State Bar Association, although he belongs to the state of New York. I have noted the application and I hope that is not violating any rule.

The President: It will come up with the other applications.

We had postponed until today, in connection with the obituary papers, the report of the Committee on Legal Biography, and that will be in order now.

Hon. S. R. Harris, Bucyrus: 1 have but a very brief report to make. For the benefit of newly elected members, I will say that I have before me a book of autobiography of members of the Association, having probably four or five hundred names. I do not know exactly how many. The majority I have collected myself. I did not come directly from home, or I would have brought with me suitable blanks to distribute among the new members to be filled out, but I will have a list of their names and I will send to their post office addresses very shortly the blanks for the necessary biography. We have a book on the table here that is open for any member who desires to look at it, which contains the names and autobiographies of nearly all the members up to a certain period of time. Many of the early members have gone to their last home, among them, Judge Ranney, Durbin Ward and Rufus King.

It is important that it be kept up; and I will solicit an answer from the newly elected members to whom I will send blanks, so they may also be preserved in this book.

The mortality among our members has not been so serious the past year as it has been in former years; but many of those who were stricken were shining marks, and their loss a bereavement to our Association.

It falls to the lot of the Chairman of your Committee to deal with the more melancholy features of our Association, but I do it cheerfully as a duty and have done so for years. There have been no deaths formally reported to me, but some of them came to my own knowledge since the last meeting. Among others was Judge Pomerene of the Circuit Court. There will be a memorial address by Curtis E. McBride, of Mansfield, who was his friend, and practiced before him. Henderson Elliott, for many years associated with our Association, once as President, and always a very active and very dear member of this Association. We expect to have a memorial address in regard to his life by John A. McMahon. Warner M. Bateman died since our last meeting, and we expect to have an address, as you have seen upon our program, by Hon. John A. Shauck. John J. Hall, who was a former President and active member of the Association since its inception, died since our last meeting, and we expect to have a paper read by Judge Kohler, which was prepared by Judge Marvin, who was unavoidably prevented from attending this meeting. E. H. Fitch died since our last meeting, and there will be a paper read in regard to him, by Judge J. B. Burrows.

There is a personal friend of mine who died since our last meeting-Emery D. Potter.

Judge Pike: He was never a member.

Mr. Harris: I find his name in the list.

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Mr. Harris: Well, I thank you for the suggestion. There was an Emery D. Potter whom I knew in the early part of my practice, who held court up in the Northwest since I came to the bar, and he had a son Emery D. Potter, Jr., and who I supposed belonged to the Association.

Judge Pike: The deceased was his son.

Mr. Harris: That is all the report I have to make.

Judge Pike: I move that the Chairman be authorized to incur the necessary expense to complete the report, and that the Treasurer be authorized to pay the

same.

Seconded and carried.

The President: The first on the list is a memorial on the late Judge Henderson Elliott, prepared by Hon. John A. McMahon, which Mr. Marshall will read.

Mr. R. D. Marshall, Dayton: At the request of the Executive Committee and other friends of Judge Elliott, Mr. John A. McMahon was requested to prepare a memorial on the late Judge Elliott. A short time since, Mr. McMahon's oldest daughter died, and he has felt very much broken up on account of it, and I found on my return home the address which I have in my hand, prepared by Mr. McMahou, with a letter asking me as a favor to him to read this address, saying that I would know the reason why he did not feel like being with the Brethren at this time. I offer this as a reason why he is not here to deliver his own address.

(Mr. Marshall read the memorial on the late Judge Henderson Elliott, for which see Appendix III.)

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