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Proceedings of the ... annual session of the Florida State Bar Association ... online

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An Act to Require the Teaching op the Constitution of the
United States and of This State, Including the Study of
AND Devotion to American Institutions and Ideals in
ALL THE Public Schools and Colleges.
Be it enacted by the Legislature of the State of Florida:
Section i. That on and after September i, 1923, all schools
and colleges in this State that are sustained or in any manner supported
by public funds shall give instruction in the essentials of the United
States Constitution, including the study of and devotion to American
institutions and ideals, and no student in said schools and coll^;es shall
receive a certificate of graduation without previously passing a satisfac-
tory examination upon the provisions and principles of the United
States Constitution.

Section 2. The instruction provided for in Section i of this Act
shall be given for at least one year of the grammar, high school and
college grades, respectively.

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SBCnOM 3. That all persons hereafter applying for certificates
authorising th«ai to become superintendents or teachers in the public
schook of this State, shall, in addition to existing requirements and
before receiving such certificate, be required to pass a satisfactory
examination upon the provisions and principles of die Constitution of
the United States and of this State.

Sbctign 4, That wilful neglect or failure on the part of any
puUic school superintendent, principal or teacher, or the president or
teacher or other officer of any normal school or college, to observe and
carry out the requirements of this Act, shall be sufficient cause for the
dismissal or removal of such party from his or her position.

Section 5. It shall be the duty of the Superintendent of Public
Instruction and of the Text Book Commission to make due arrange-
ments for carrying out the provisions of this Act. For such purpose
said Superintendent and Commission shall prescribe suitable texts
adapted to the needs of the school and college grades as specified in
Section 2 of this Act.

I might mention in this connection that some of our civic organ-
izations are alive to this danger. The Miami Kiwanis Club, for in-
stance, has decided to offer each year $100 in gold for the three best
essays on "The Constitution of the Unitel States; an Embodiment of
American Ideals," by the high school pupils of this county.

10. In conclusion, permit me to urge each of the members of
this Association to use their best efforts and influence to get through
the next session of the legislature our bill for the integration and
regulation of the State Bar. It has been thoroughly agreed and
threshed out by the past three annual conventions of this Association
and has been endorsed by an almost unanimous vote each time. It
passed the Senate at the last legislative session and would no doubt
have passed the house had it b^n reached before the session closed.
The sole purpose of this bill is to assist as far as possible in making a
better, a cleaner, and an abler bar. It is a bill for the benefit of the
people as a whole, as well as the members of the Bar. This bill diould
have the support of press and people. By it the members of the Bar,
realizing the great responsibility which rests upon our profession,
desire to raise its standards of honesty and efficiency to such an extent
that to be a member of the Bar, and to hold a license to practice law,
will be a badge of honor and a guarantee of square dealing and at least
reasonable efficiency. If the legal profession is to be charged with the
derelictions and inefficiency of its members, it should be given some
authority over its members, some right to pass upon their qualifications
and some power of discipline over those who prove recreant to the
standard that the public insist the profession should maintain. Prac-
tically all powers vested by this bill are subpect to supervision by our
Supreme Court. Lav^ going much farther than this bill toward mak-
ing the legal profession to some extent self-governing have been tried
out elsewhere with eminent satisfaction to the lawyers and the public

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I heartily recommend that a strong committee be authorized and ap-
pointed by the incoming President to urge the adoption of this bill at
the coming legislative session.

With cordial thanks for the able cooperation of our Executive
Council, our Secretary and our Treasurer in my efforts to serve your
interests during the past year, I render this report of my stewardship,
and wish each of you and our beloved Association a better President
and a better record for the coming year.

Faithfully yours,

Armstead Brown,


A Bill to be Entitled An Act Relative to the Practice Con-
cerning Demurrers, Amendments and Motions to Strike
Out Pleadings in Cases at Law.

Be it enacted by the Legislature of the State of Florida:

Section i. That all objections to pleadings, whether of sub-
stance or of form, shall be taken by demurrer, except as hereinafter
provided in Section 4 of this Act.

The form of a demurrer shall be as follows or to the like effect :
"The defendant (or plaintiff) says that the declaration (or plea) is
not sufficient in law." And all the matters of substance or of form
intended to be argued shall be stated, and if any demurrer shall be
delivered without such statement or with a frivolous statement, it shall
not open up the record nor be considered by the court.

No demurrer shall be filed unless it is verified by oath of the party,
his agent or attorney, that it is not interposed for the purpose of delay,
and unless it is also accompanied with a certificate of his attorney that
he believes it to be well founded in law.

The form of a joinder in demurrer shall be as follows or to the
like effect: "The plaintiff (or defendant) says that the declaration
(or plea) is suffident in law."

Section 2. The court on the hearing of any demurrer shall
proceed and give judgment according as the very right of the cause and
matters in law shall appear to it widiout regarding any imperfections,
omissions or defects in die pleading? and proceedings, except those only
which the party demurring shall specially and particularly set down
and express in his demurrer, so as, however, sufficient matter appear in
the pleadings upon which die court may give judgment according to
the very right of the cause.

Section 3. Upon application of a party desiring to amend his
pleadings or proceeding?, die court shall at all times amend all defects
therein, whether there is anjrthing to amend by or not ; and all such
amendments shall be made with or without costs and upon such terms
as the court may deem fit ; and all such amendments as may be deemed
necessary for the purpose of determining in the existing suit, the real

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question in controversy between the parties shall be so made, provided
due application be made to the court, but no motion for a compulsory
amendment shall be allowed.

Section 4. Motions to strike out pleadings or part of a pleading
shall be confined to such as the court might entertain by virtue of its
inherent power at the common law, as for example : to strike out wholly
irrelevant pleadings, pleadings lacking some formal requisite, frivolous
or trifling pleadings, scandadous, impertinent or indecent language,
surplusage and the like. The court may of its own motion strike out
all such pleadings and matter.

Section 5. Sections 2627, 2629, 2630, 2638 and 2641 of the
Revised General Statutes, and all laws inconsistent with this act are
hereby repealed.

Section 6. The provisions of this Act shall not apply to any
demurrer, motion to amend or motion to strike out pleading? made be-
fore this act shall take effect.

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Secretary's Report

To the President and Members of the Florida State Bar Association:

I herewith submit my report as Secretary of your Association for
the past year:

The Fifteenth Annual Session of the Association was held in
Orlando, Florida, June 14th, 15th and i6th, 1922. The complete
stenographic minutes ^f this meeting were compiled and printed under
the direction of the Executive Council and distributed to all members
of the Association. Copies were also sent to the other State Bar As-
sociations in the country and to various Court and University libraries.

As reported at the last meeting, the membership at that time
totalled 548. We have lost 25 members by death, resignation, removal
and other causes, leaving the total of old members at 525. Fifty-eight
new members have been elected by the Executive Council, making a
total membership at the present time of 581. This does not include
the members who may be elected at this meeting.

I am pleased to report that no complaints were received against
any member of this Association during the year.

Pursuant to a resolution adopted at the last session the Secretary
requested the Judges of all Florida Courts to suspend their respective
Courts during the period of our Annual Convention. The Supreme
Court and all of the Circuit Courts who answered my communication
stated that they would be glad to so arrange their calendars that no
attorney would be prevented from attending our meeting on account
of court work.

A number of meetings of the Executive Council have been held
during the year which the Secretary attended. At the direction of the
Executive Council, the Proposed Bill to Regulate the Bar, together
with a statement explaining its nature and purposes, was printed in
pamphlet form and a copy mailed to every member of the State Legis-
lature and to every newspaper in the State with a circulation which
would warrant its publication. The press responded very satisfactorily
to our request for publicity and, in almost every instance, published
our statement in full with commanding headlines.

The program of the present meeting was printed a month in
advance and mailed to all of our members. It might not be amiss to
call the attention of the Association to the fact that the entire expense
of printing this program has been assumed and paid by the National
Surety Gmipany. Except for their generosity it might not have been
possible to have secured printed programs for our convention, and I
wish to take the liberty to suggest that the Association thank the Na-
tional Surety Company for this favor.

In addition to the above, your Secretary has attended to the
routine correspondence and performed the other duties inddent to his
office. Respectfully submitted,

Herman Ulmbr, Secretary.

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Report of the Treasurer of the Florida

State Bar Association to the

Convention, 1923

Your Treasurer respectfully reports the following receipts and
disbursements since his report to the Convention *in Orlando in June,

Balance on hand as shown by last report $851.92

Dues Collected

For the year 1918 $ 55.00

For the year 1919. 65.00

For the year 1920. 95-00

For the year 1921 140.00

For the year 1922 9iaoo

For the year 1923 200.00

Total dues collected .
From sale of extra copies of 1922 report....
Interest on savings account...

Total amount received.

„ $1,465.00

Administrative expenses —
Reimbursement of Judge C. O. Andrews for
traveling expenses, etc, incurred while

President of the Association $ 106.75

For President Brown 2.65

For the Secretary's office 1,163.77

For the Treasurer's dlice 267.93

To Judge O. K. Reaves for traveling expenses

to meeting of Executive Council 21.90

To Judge Henry D. Clajrton for traveling ex-
penses to Orlando Convention. I9-3I

Banquet, Orlando Conventioa 1 37-50

Music at Orlando Banquet 35«oo

Total disbursements

Balance on hand —

Check not deposited $ 5««>

In checking account I44*5i

In savings account 432-74




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Outstanding obligations —

Balance due Arnold Printing Company on bill for printing

Report of 1922 Convention 463.95

Net balance $118.30

The details of the expenditures for the Secretary's office are as
follows :

Telegrams $ 6.50

Postage 8 1 .65

Convention Register 1.75

Reporting proceedings of Orlando Convention. 135.13

Printing, stationery, enclosing ^nd mailing re-
ports, etc 101.24

Compensation 437-50

Payments on account of bill for printing Report

of 1922 Convention 400.00

Total ^1,163.77

The details of the expenditures for the Treasurer's office are as
follows :

Printing billheads $ 7.84

1,000 Ledger sheets 1.25

Stamped envelopes 11.04

Compensation . 225.00

Total $ 267.93

According to the books of the Treasurer, the following amounts
are owing to die Association :

Dues for 1918 $ 74500

Dues for 1919. 770.00

Dues for 1920 875.00

Dues for 1921 955-00

Dues for 1922. 1,160.00

Total ^4,505.00

In addition to the amount shown, 541 members owe dues for the
year 1923, which are not regarded as owing until the meeting of the

Phil S. May.

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OjfEcers and Committees



Herman Ulmer


P. S. May..




Vice-Presidents From Each Judicial Circuit

Francis B. Carter, ist

F. B, WiNTHROP, 2ni

J. B. Johnson, 3rd

R, H. Anderson, 4th.


W. B. S. Crichlow, 6th

Cary H. Landis, 7th.

A. V. Long, 8th

H. H, Wells, 9th



Live Oak




G. Edwin Walker, loth..


H. P. Branning, nth. Miami

R. A. Henderson, Jr., lath. Fort Myers

N. B. K. Pettinoill, 13* Tampa

John H. Carter, 14th Marianna

E. B. DoNNELL, 15th . .West Palm Beach

George P. Garrett, lytL.


Executive Council

Armstead Brown

O. K. Reaves

Fred T. Myers

W. W. Hampton

E. P. AxTELL (ex-ofEcio)....

Herman Ulmer '(cx-officio)

P. S. May (ex-officio)

Committee on Admissions

H. S. Hampton, Chairman

Philip D. Beall.

Robert L. Anderson, Jr


Randall Rowe









..West Palm Beach

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Committee on Judicial Administration and Legal Reform

Jambs F. Glen^ Chairman, .Tampa

R. A. Henderson, Jr. Ft. Myers

LbRoy B. Giles..
Fred T. Myers...
E. C. Maxwell..

— Pensacola

Committee on Legal Education

L. R. Railey^ Chairman

R. A. Rasco -..

Lincoln Hulley

W. B. S. Crichlow

Henry W. Bishop

Committee on Grievances
F. p. Fleming^ Chairman





Geo. p. Garrett..
Fred Fee


..Ft. Pierce

Jno. H, Carter.

Fred Botts



Committee on Legal Biography

Judge C. O. Andrews, Chairman .Orlando

W. H. Baker. Jacksonville

F. B. Carter. Pensacola

W. W. Dewhurst. St. Augustine

Peter O. Knight. .Tampa

Committee on Ethics

George C. Bedell, Chairman

T. L. Wilson

Alfred A. Green


J. R. Wells





..Panama City

Committee on Uniform State Laws

Wm. Hunter, Chairman. .Tampa

Scott M. Loftin Jacbonville

L. C. Massey Orlando

Geo. P. Rainey Tampa

N. B. Pettingill .


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List of Members

Abbott, C D

Abrams, A. St. C.

Adair, H, P..

Adams, Thos. B

Adkins, A. Z.

^Adkins, J. C. .
Akerman, Alexander

Alderman, F. C

Alexander, James E...

Anderson, H. L.

Anderson, Robert

Anderson, R. L..

Anderson, Robt. L., Jr..
^^Andrews, Chas. O.
Andrews, Guy A. ...
Andrews, M. M.

Atkinson, Edith M.

Atkinson, H. F

Axelroad, Benjamin ....

Axtell, E. P

Baker, L. R

Baker, R. A

Baker, W. H...

Baldwin, L. W.....

"^arco, Samuel J...

-barker, W. J

Barnes, Paul D.

— ^arringer, Harrison E..

Barrs, Burton .

Baxter, Maxwell ..

—Baxter, E. G.

IBaya, H. P

— Beall, Philip D

Beardall, William

•^Bedell, G. C

Beggs, E. D.

Bell, A. H.

Bdl, Joseph

Bell, J. D

Bell, W. D.

^Benson, Clifton D..

Benz, John J.

Billing^ey, J. L.

Binkley, A. C

..West Pahn Beach







Fort Myers








..West Palm Beach









..Ft. Lauderdale






..Green Cove Springs

..St. Petersburg






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Bird, Thos. B Monticello

Bird, John U Clearwater

«pi^ishop, H. W Eustis

BlackwcU, C. D iive Oak

BlackwcII, Joel N Palatka

Blakley, Norman N Miami

Blalock, J. W. Jacksonville

Blanton, Frank W. Miami

Booth, James St. Petersburg

«i»-Booth, Lee M Jacksonville

Borchardt, Samuel .Tampa

•i^^oswell, C. A. Bartow

— -Botts, Fred ^_^ Miami

Bowen, Crate D. Miami

Boyer, C. A Orlando

Boyer, J. A Jacksonville

^i^rady, J. W. Bartow

Branning, H. P Miami

Brass, B. F. Daytona

Bridges, Edward S. Orlando

Brodie, Robt. .Tampa

•HBrowiT, Armstead Miami

Brown, M. M M(£lenny

Brown, R. E. j^rcadia

•—Browne, Jefferson B. Tallahassee

•^Bryan, N. P Jacksonville

Bryan, W. J Miami

Buford, R. H Marianna

Bullock, R. B Ocala

Bunch, James H Jadbonville

— ^urdine, R. F. Miami

Burford, R. A Ocala

— ^ussey, S. L .West Palm Beach

^^ussey, James R St* Petersburg

Butler, F. W Jacksonville

Butler, J. T. Jacksonville

Cadel, John S Kissimmee

Caldwell, H. S Live Oak

Calhoun, E. N St Augustine

Calhoun, Julian C Palatka

Calkins, J. E. Femandina

Call, R. M Jacksonville

— <;!ampbell, A. G. DeFuniak Springs

Campbell, D. C Jacksonville

Campbell, Dan DeFuniak Springs

Campbell, Patillo Pensacola

•^arraballo, M Tampa

••-Carlton, Doyle E .Tampa

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-^Cannidiacl, M. D.
CupcnteTy A* £^

drpcntcTy J. Howard .

Canon, J. M.

Carter, Dickaon H. _.

Carter, F. B

Carter, John H

Carter, Paul


Chancey, C L. .

.West Palm Beadi


Ft Pierce





^^Chillingworth, C. E

Christie, W. McL.

Clark, Frank

Clark, Frank, Jr..


Clarke, S. D

.^^lark, W. W.

Ft. Lauderdale

.West Palm Beach


Qarkson, Philip .


Clarkson, P. Moody^

Clayton, H. D. (Honorary).

Cobb, Randolph H.

— **Cockrcll, Alston

- Cockrell, A. W., Jr.

Cockrell, Nathan .....

Cockrell, R. S

Cohen, M. H.

Coleman, Geo. W.

CoUum, J. T. M. .

Cone, W. B.

^Montgomery, Ala.
.West Palm Beach

Coogler, F. B

Cook, Bayard S. ...

Cooper, C. M

Cooper, C. P

Cooper, J. C

•^Cooper, J. C, Jr..

Cooper, J. J. G. .
— Copp, Cyril C

Cowles, W. T.

— <Jrawford, J. T. G

Crawford, W. B

Crews, A. S.



...St. Petersburg









—Crichlow, W. B. S. ..

Crocker, O. Lamar..

Cubberly, F. C

Currie, Geo. G.

Dame, H. J

^^'-—Daniel, R. P


River Junction


..West Pahn Beach



Dart, Ernest Jacksonville

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Davant, J. C, Jr. Broobville

David, Salem JL Jacksonville

Davidson, J. L „ Quincy

- Davis, E. W Orlando

Davis, F. H Tallahassee

Davis, R. C. _ ^ Orlando

Davis, R. E Gainesville

Davis, R. W Gainesville

Davis, W. B Perry

Decottes, Geo. A. Sanford

DcVane, Dozier A ^ Tallahassee

Dewell, Robt. T ^...Jacksonville

^Dewhurst, W. W St. Augustine

Diamond, Sidney H Tallahassee

Dickinson, C. P .Orlando

Dickinson, J. J :.Sanford

Diver, J. S -... Jacksonville

Dodge, J. W .Jacksonville

Doggett, J. L. Jacksonville

— ^Doggctt, J. L., Jr. Jackscmville

Doig, David H .Jacksonville

— Donnell, E. B .West Palm Beach

Drumwright, E. B. Tampa

— HDuncan, H. C Tavares

Dunkel, D. F. .West Palm Beach

Dunn, Edgar G St. Petersburg

Durrance, Chas .Jacksonville

Durrance, F. M Jacksonville

Durrance, S. F. Orlando

—Duval, L. W. Ocala

Dye, Dewey A Bradentown

Edmondson, J. A. Tallahassee

Edwards, G. C Cocoa

Edwards, John S Lakeland

—Ellis, T. B., Jr. Gainesvflle

— «llis, W. H ..........Tallahassee

Evans, W. I Miami

Eyles, H. H. Miami

Farley, W. B. Marianna

Farrington, C. E. Ft Lauderdale

Farris, I. L Jacksonville

—Fee, Fred Fort Pierce

Field, R. S Orlando

Fielding, Thos. ........ . .Gainesville

Fish, Bert DeLand

Fitzgerald, T. E Daytona

^>Fleming, C. S - Jacksonville

..^JFIeming, F. P .Jacksonville

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Fletcher, D. U. ^...
— Floumoy, W. W.
•-^Foster, Stephen £•

Franklin, J. A. ^
•**Frazicr, Job. W.....

Frazier, W. R


Frink, R. L

Futch, J. E

— — Futch, T. G.

-■*<jaine8, J. B.

DeFuniak Springs

^■^ Garrett, George P....

Gasb'ns, Perse L.. —
p^i^Gautier, R. B

Geiger, G. W

•*— JGibbons, Cromwell

Gibbons, M. G.

•^Gibbs, G. C

Gibson, Lee S

■•Giles, LeRoy B.

Gillen, Guy
<^«JGillespie, J. H.

Givens, Morris

^ "Glazier, H. S.

-^tjlen, Jas. F.

Gober, Wm.

Gomez, Authur

Gordon, Harry

Gordon, H. C

Graham, H. L.

Graham, W. S.
"^^Kjramling, John C...


Green, Alfred A.

Gregory, E. P

'■^^Gucst, Lee

— Hale, Eugene

Haley, D. G

Hall, Lewis M.

Hallowes, W. A., Jr....
— Hamilton, F. P

Hamlin, R. P.








..Green Cove Springs






Hammond, H. B. S. —

Hampton, E. B

Hampton, H. M

'— HHampton, H. S

Hampton, W. W.

...JLake City






Key West











*-^ Hampton, W. W., Jr.



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Hamrick, R. E. Okeechobee

Hardee, C. A, JLiyt Oak

— Harrell, J. F Live Oak

Harris, John D St. Petersburg

Hartridge, A. G. Jacksonville

*-^Hartridge, J. E Jacksonville

Hartridge, Julian Jacksonville

Hazeldne, A. H Miami

Heath, N. McK, Miami

Hefferman, D. J. Miami

..— Heintz, Frank J Jacksonville

Hemmings, Frederick L. Fort Pierce

——Hemphill, E. S. Jacbonville

Henderson, J. W. .Tallahassee

Henderson, R. A., Jr.. Fort Myers

Henry, W. T. Perry

Heiser, A. E Miami

Hilburn, S. J Palatka

Hill, Wm. L Washington, D. C.

Himes, W. F. Tampa

Hocker, Wm. .Ocala

Hodgden, H. B ^^ DeLand

Hoffman, G. E \, Pensacola

Hogan^ H, H. Orlando

Holland, J. W Jacksonville

•HHoUand, S. L. Bartow

Holt, F. M .Jacksonville

Horn, Harry A Daytona Beach

«^4Iouseholder, E. F. Sanford

Houser, Wesley .West Palm Beach

w-ilowell, C. C Jacksonville

Howell, L, D. .Jacksonville

Howell, Theo. M Orlando

««tiudson, F. M Miami

Huffaker, R. B Bartow

Hull, D. C DcLand

HuUey, Lincoln DeLand

..-^Hunter, Wm .Tampa

Huntley, J. P .Watertown

Hutchins, J. H Orlando

. Hutchinson, Gov — — Jacksonville

^ - 4Iutchinson, Robt. L Jacksonville

Ingram, F. P Dade City

Jackson, W. H .Tampa

Online LibraryFlorida State Bar AssociationProceedings of the ... annual session of the Florida State Bar Association ... → online text (page 33 of 35)