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PROCEEDINGS

OF THE

TWENTY-SECOND ANNUAL SESSION

OF THE

TEXAS BAR ASSOCIATION,

HELD IN THE

CITY OF SAN ANTONIC, JULY 8 AND 9, 1903.

FIRST DAY.-MORNING SESSION.

The Twenty-second Annual Session of the Texas Bar Association was held in the city of San Antonio commencing Wednesday, July 8, 1903.

President Lewis R. Bryan called the Association to order, and said:

Gentlemen of the Association:

The twenty-second annual meeting of the Texas Bar Association will now be opened, in accordance with the programme arranged by the directors, by an address of welcome from the bar of San Antonio by Mr. Wm. Aubrey of that city.

Mr. Aubrey, of San Antonio:

Mr. President and Gentlemen of the Association:

In behalf of the San Antonio bar, it is my pleasure and my duty to extend to you a cordial welcome to this city; I do not, in the name of the authorities, tender you the freedom of the city, because every one who tion;

comes to San Antonio has that freedom, already. (Applause.) I assure you that none of the places that you care to see or that would interest you will be shut up during your presence; you may have heard that this town is wide open; if that is true, it will remain wide open two days. It is a pleasure to see the members of the Association meet here today, because I, in common with many others, even those who do not belong to the Association, feel that the Association has done great good in this State, not only because it has promoted social intercourse among those who happen to be members of it, but because it has done actual good in legisla

if there were no other fact that justified its existence, the legislation that has recently been procured through its instrumentality, including regulations governing the admission of attorneys at law to practice in this State, would alone. justify it. That legislation, I am sure you will agree with me, not only raises the standard of .the: profession in this State, and follows the example, worthy of emulation; on the part of the most advanced of other States, but wil! 'din'ectly promote the interest of society; because lawyers of the best tyre are conservers of society, and in this country particularly lawyers.framed the government and lawyers have administered it.

I have nothing. nore: to say, gentlemen of the Association, and Mr. President, excepto to tal you all, generally and specially, that while you stay with us, :if•there is anything (in the the language of the shop-keepers) that: you want and don't see, please ask for it; it is yours. (Applause.)

THE PRESIDENT: Gentlemen of the Association, Mr. Justice Brown, of the State Supreme Court, will respond on behalf of the Association.

Justice Brown (after prolonged applause): Mr. President, Gentlemen of the Association and Gentlemen of the Bar of

San Antonio:

It gives me pleasure to assume and discharge the duty on the part of this Association of accepting the hospitality and courtesy that is tendered "by the bar of this city and the freedom of the city, as incidentally mentioned by our friend and brother, Mr. Aubrey. I will not undertake to amplify all the proposition in regard to open and shut places, for I suppose the bar will be able to take care of themselves on that proposition. (Applause). It is a real pleasure for us to assemble together, and it is a peculiar pleasure to assemble in the city of San Antonio—it is to me, and I feel that it is to the bar of Texas, generally. San Antonio has a rich history; romantic incidents, events of deep importance, treasures which are the common property of the State and serve as a bond of fellowship between all the citizens of Texas and the people of this city, make it peculiarly an interesting city to visit. I will not, on this occasion, undertake to mention these matters in detail, or refer to them, further than just to say that they furnish to us, as guests of this city, a means of entering heartily and cheerfully into the enjoyment of this occasion. They give spice and zest to the assembly here and to our intercourse with our brethren of the city, and I feel that this will be an occasion not only of pleasure, not only of pleasant associations, but that it will be an occasion of profit also; because the time has come in the history of the bar of Texas when these meetings of the Association mean more than simply social enjoyment; they mean improvement; they mean consultation for the betterment of the profession-so, the hospitable people of San Antonio and our brothers of San Antonio are entitled to have their guests here to enjoy and share equally in the enjoyment of the occasion with as much freedom as their hospitality is tendered. I think it is not improper for me, on this occasion, to refer to this fact—a coincidence that makes this a more interesting meeting to me, and I think will be to this bar—that is, that in this historic city of San Antonio, with all the interesting historical associations that surround it and the incidents that make it sc interesting to all the people of Texas, this meeting of the Association is presided over by our worthy President, who is a representative of two families who figured largely and contributed greatly to the production of the conditions that we have—the bringing of this country under free government and formulating liberty, security, local constitutional government. These coincidences should, indeed, give this meeting a peculiar interest to us and make us enjoy it more than we otherwise would.

Now, I know you will excuse me for not attempting to make any further talk, because, in the first place, if I were to undertake to do so I probably wouldn't interest you, and, in the second place, I have such a sore throat that I could not talk much more, anyway-I had the misfortune to take cold last night; but I do feel-excuse me for saying this much, since I am now along to that time of life at which these things have gained significance and value to me—that I love to meet with the young men of the profession; with those that are just getting fairly under way in the practice of law, and I like to see them together in consultation, because my life has been devoted to the practice of law and to the profession of the law, and it is that which I cherish more than any other interest, and its development, elevation and improvement are dearer to me than any other thing that I know of.

What is the bar to be in the future? I believe this State could not have been developed as it has been without a good bar; I do not believe that any good government has ever existed, local or otherwise, that didn't have a good bar-lawyers of high character and of learning—because they have always contributed to the development of the best government. I thank you, gentlemen, for your courteous attention. (Prolonged applause.) THE PRESIDENT: The Association will now listen to the report of the Board of Directors.

Mr. Sehorn, of San Antonio, Chairman of the Board, presented the report of the Directors, which was, upon motion, received and approved. The report was as follows:

SAN ANTONIO, Texas, July 8, 1903. To the Hon. Lewis R. Bryan, President:

The Board of Directors of the Texas Bar Association respectfully submit the following report:

We regret to have to announce that the Hon. Logan E. Bleckley, after having accepted the invitation to deliver the annual address, was compelled, on account of ill-health, to withdraw his acceptance.

We recommend that the present meeting of the Association remain in session for two days, and that the following program for two days session be adopted :

ORDER OF BUSINESS.

First Day.

1. Address of Welcome, Wm. Aubrey.
2. Response to Address of Welcome, Judge T. J. Brown.
3. Opening Address, by the President.
4. Nomination and election of members.
5. The report of the Secretary.
6. The report of the Treasurer.

7. “The Pardoning Power; Its Uses and Abuses,” Judge John M. Henderson.

8. Report of Committee on Commercial Law.

9. Report of Committee on Legal Education and Admission to the Bar.

10. “The Method and Course of Study in the Law Department of the University of Texas,” Prof. John C. Townes.

11. Report of Committee on Deceased Members.

12. Report of Committee on Judicial Administration and Remedial Procedure.

Second Day.

1. Report of Committee on Publication.
2. “Some Peculiarities of Admiralty Law," John C. Walker.
3. Report of Committee on Jurisprudence and Law Reform.

4. "Increase of Litigation in Cities, and Some Suggested Amendments of the Practice Act,” Judge S. J. Brooks.

5. Report of Committee on Grievances and Discipline.

6. “Legal Aspects of the Taxation of Corporate Intangibles,” Wm. D. Williams.

7. Report of Delegates to the American Bar Association.

8. "Will an Injunction Lie to Restrain the Local Option Law from Going Into Effect ?” C. F. Greenwood.

9. Reports of Special Committees.
10. Paper-subject not yet announced. Judge W. H. Wilson.
11. Election of Officers.
12. Election of Directors.
13. Election of Delegates to the American Bar Association.
14. Election and place for next meeting.
15. , Miscellaneous and unfinished business.

The Directors beg to report that we have examined the reports of both the Secretary and Treasurer, and find the same correct.

JNO. SEHORN,
R. E. L. SANER,
L. R. BRYAN.

A telegram received by the President from Hon. A. W. Terrell, regretting his inability to attend and deliver the address which he had promised, was here read to the Association.

MR. SANER, of Dallas: Mr. President: On behalf of the Board of Directors, I desire to report that we have received the applications of the following gentlemen for membership in the Association, whom we find properly recommended and qualified, and I therefore move that the Secretary be authorized to cast the ballot of the Association electing them to membership, the names being as follows: W. C. Berry, San Antonio; J. M. Pearson, McKinney; Wm. H. Burgess, El Paso; Chas. W. Ogden, San Antonio; John I. Kleiber, Brownsville; Marshall Hicks, San Antonio; C. L. Bates, San Antonio; R. H. Ward, San Antonio; H. B. Salliway, San Antonio; R. P. Ingrum, San Antonio; M. W. Davis, San Antonio; C. L. Carter, Houston; Wharton Bates, Houston; Nat B. Jones, San Antonio; Saml. Belden, Jr., San Antonio; C. A. Goeth, San Antonio; A. M. Cunningham, San Antonio; W. M. Crook, Beaumont; Joe H. Eagle, Houston; C. A. Keller, San Antonio; T. O., Murphy, San Antonio; A. W. Seeligson, San Antonio; H. B. Leonard, San Antonio; C. J. Gray, Hallettsville; Samuel Schwartz, San Antonio; R. H. Burney, Kerrville; Geo. Powell, San Antonio; Mason Williams, San Antonio; C. S. Bradley, Groesbeck.

The motion prevailed and the applicants named were, on ballot, declared duly elected to membership.

Mr. Lewis R. Bryan then delivered the President's annual address, devoted, as prescribed by the By-Laws of the Association,

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