E. T. Lovatt, of New York:

Mr. President, at the suggestion of the Chairman of the Law Reform Committee, and with the consent of the body, I would accept his suggestion by striking out “in urging, aiding, assisting or suggesting to the revision commissioners," etc., and let the resolution stand that they be authorized and empowered to fully represent and act for the Association.

The President:

If there is no objection, the resolution will be considered as amended. Is there any more discussion on the resolution? If not, are you ready for the question?

The resolution was then adopted.

The President:

The question is now upon Mr. Fiero's resolution.

The motion to adopt the resolution was seconded and the resolution was adopted.

The President:

Is there any more discussion concerning the report of the Committee on Law Reform suggested by the second and third questions submitted as printed in the program? If not, we will proceed to the discussion of the first question, to wit: Is it desirable that the Northern District of New York be divided and an additional Federal district created? I see the city of Buffalo is here in force, and the subject is open for discussion. I notice present among us a distinguished ex-President of this Association, I think the oldest ex-President, who has seldom, of late years, been able to attend our meetings, but who is now, fortunately, with us,

and I think he has something to say upon that subject; I think we should be very glad to have Mr. Sherman S. Rogers come forward where we can look at him and hear what he has to say.

(Applause.)

Ex-President Sherman S. Rogers, of Buffalo:

Mr. President and Gentlemen of Association: I had not intended to speak on this subject, although, of course, in common with members of the Bar in the western part of the State, I am interested in the question. There are other men here who have given some special attention to it, from our own city Bar, who are better prepared, than I am, to interest and instruct you concerning the question before this body.

H. J. Cookinham, of Utica:

Mr. President, at the meeting of the joint committees of Law Reform and Executive Committee of this Association, this subject was discussed to some extent. At that time, as I had previously examined the subject, I was in favor of a division of the district. Between that meeting and the present time I have been able to give more attention to the subject, and procure more information. It seems to me that considerable information can yet be procured and that it would be advisable to investigate the subject more fully before taking action, because I believe the action of this body will be of great effect. To that end I move that a committee of three be appointed to investigate the subject, and report at the next meeting of this Association. In support of that resolution, I wish to say that I believe there is a great deal of misinformation in regard to the business of these courts for the Northern District of New York, and, as I

have stated, between the meeting of the two committees and the present time the clerks of the respective courts have made a statement of the business, and, perhaps, it would be better for me to make a statement from the information provided by the clerks in regard to the business, because this is, of course, correct. First, we are all aware that the courts make a report to the Government in regard to the business of these courts each year. They are called upon to state the number of cases commenced, the number of cases pending, that the Government may be informed as to the business that is transacted in courts. But those statements made, as they are required to be, are very misleading. For instance, they are obliged to report every case undetermined upon the docket of the court. Hundreds of cases are brought, are settled, and nothing appears upon the record, except the existence of the suit. The clerk has has gone over carefully the records of the Circuit Court, and has produced a statement of the real business before the court. It would surprise the members of the Bar, perhaps, very much to know that there is not a single case before the court ready to be determined that has not been determined. It would surprise, perhaps, the members of the Bar to know that the business is not increasing; on the contrary, it is decreasing. It would surprise, perhaps, the Bar to know-I presume, surprise the very worthy and honorable gentlemen who represent Buffalo, to know that but very few cases are commenced in this court where the attorneys reside in the city of Buffalo. Now, let me proceed to read or to state the substance of the report made by the clerk of this court; it was made to be presented to the Chairman of the Judiciary Committee in the House of Representatives, Mr. Ray, and at his request. This is what the clerk reports:

"In compliance with your request for certain information in regard to the United States Circuit Court for the Northern District of New York, I would state as follows:

From a careful examination of the dockets of the court, both at law and in equity, I fully believe there are less than one hundred cases now at issue, which there is any probability of ever being brought to trial or final hearing, and, from my own experience in this office, I am satisfied that less than one-half of them will ever be noticed for hearing.

In reports to the Attorney-General the clerk is required to state the number of cases remaining at issue on the docket, and in such reports the number must necessarily be very misleading. They mean that of all the cases commenced in this court since its foundation, in 1836, there is that number in which attorneys have not spread upon the record the fact of dismissal or discontinuance. The real fact is that in most of the cases so reported at issue on the docket no move has been made and no paper filed for more than a quarter of a century, and the probability is that the parties and their attorneys, and the suits themselves, are dead and gone years ago, although there is nothing of record to show that fact.

The business of the Circuit Court has been steadily decreasing for the last fifteen years. In the year ending June 30, 1883, when I first took possession of the office of clerk, the number of suits commenced were something over 1,300. During the year ending June 30, 1897, the number of suits commenced was 236, while, for the year ending June 30, 1899, the total number of cases commenced in this court was 178.

The largest part of the business of the Circuit Court is patent litigation. Of late, owing to the combinations of manufacturing concerns, the number of patent suits has

DIVISION OF THE NORTHERN DISTRICT OF N. Y. 207 decreased greatly. This fact alone accounts for a great part of the decrease in the business.

Very little, if any, patent litigation comes from Buffalo, and there are fewer patent lawyers there than in any of the larger cities in the district.

During the year ending June 30, 1898, there was eight suits commenced in this court by attorneys from Erie county. During the year ending June 30, 1899, twelve suits were commenced by attorneys of Erie county.

I think that there are very few, if any, cases ready for trial, which have not had an opportunity to be tried; but, to be on the safe side, I will say that there are not more than ten cases ready for trial which have not had an opportunity to be tried, and these cases and any others that may arise meanwhile can be tried, if the attorneys desire it, either at Albany in January, or at Utica in March.

There has not been the slightest congestion of business at any time during the last ten years. There has been no time since I have been clerk when a case could not have an opportunity for trial within six months from the time it was ready for trial. For the last three years the business of the Circuit Court in this district has been conducted entirely by the district judge, and no case or proceeding has been heard or decided by either of the circuit judges, or by any judge from any other district, and there has been no need of assistance. The district judge of this district has, nevertheless, had time to hold several sessions in New York city annually, and has had more circuit cases to hear in the Southern District than in his own.

The two calendars I inclose to you herewith show very clearly the state of the business. The calendar for the March Term, which was the largest calendar during the past year, I have marked off, and it will show you how the business was disposed of; every case ready was heard.