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Proceedings



FIRST ANNUAL MEETING



Kentucky State Bar Association



LEXINGTON, KENTUCKY,

JULY 2 and 3, J902.



LOUISVI LLB

COURIER-JOURNAi JOB PRINTING CO.
1^02



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Copies of the proceedings of the
organization meeting may be had
upon application. Extra copies of
this volume may be had upon pay-
ment of one dollar to the Secretary.



LmAHYOFni

lELMB STAMFORD, JB., UMUnUMff

LAW DEPARWEHT.



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OFFICERS I902-I903.

PRESIDENT:
C. U. MCELROY, BOWLING GREEN.

VICE PRESIDENTS:

JAMES CAMPBELL Paducah

J. M. GALLOWAY Bowling Green

JOHN S. KELLEY Bardstown

F. P. STRAUS Louisville

D. L. THORNTON Versailles

S. D. ROUSE Covington

LEWIS APPERSON Mt. Sterling

TREASURER :

T. KENNEDY HELM, LOUISVILLE.
Louisville Trust Building.

SECRETARY:

BERNARD FLEXNER, LOUISVILLE.
Kentuclcy Title Building.



OFFICERS {901-1902.

PRESIDENT :
W. H. MACKOY, COVINGTON.

VICE PRESIDENTS:

JAMES CAMPBELL Paducah

J. S. WORTHAM Leitchfield

L W. TWYMAN . Hodgenville

E. J. MCDERMOTT Louisville

D. L. THORNTON Versailles

JAMES C. WRIGHT Newport

THOMAS BROWN Catlettsburg

TREASURER :

T. KENNEDY HELM, LOUISVILLE,
Louisville Trust Building:.

SECRETARY:

BERNARD FLEXNER, LOUISVILLE.
Kentucky Title Bulldinir.



1,5^10



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LIST OF COasnTTEES

t902-t903.



Executive Committee.

W. H. MACKOY Covington

WALKER C HALL Covington

LEWIS McQUOWN Bowling Green

MALCOLM YEAMAN Hendereon

W. O. HARRIS Louisville

R. A. THORNTON Lexington

And the President, Treasurer and Secretary ex officio.

Gmmiittee on Membenhip*

E. L. Mcdonald, chairman, LoulsvlUe.

J. M. YEAMAN Henderson

C\ W. METCALF Pinevllle

W. O. DAVIS Versailles

H. P. TAYLOR . Hartford

JOE McCARROLL HopklnsvUle

HUGH P. COOPER Ubanon

Gmmiittee on Law Reform*
JOHN B. BASKIN, Chairman. Louisville.

JOHN D. CARROLL New Castle

FRANK M. TRACY Covington

EDW. M. HINES Franlcfort

JOHN R. ALLEN Uxington

ARTHUR M. RUTLEDGE Louisville

J. S. WORTHAM Uitchfield

Gnmnittee on Legal Edtscatioa and Adoklnioa to tfie Bar«
E. J. McDERMOTT, Chairman. Louisville.

HELM BRUCE Louisville

JOHN M. GALLOWAY Bowling Green

E. S. JOUETT Winchester

GEORGE R. HUNT Lexington

PROCTOR K. MALIN Ashland

W. W. STEPHENSON Harrodsburg

Gimmittee on Grievances.
SAM*L M. WILSON. CHAIRMAN. Lexington.

CHAPEZE WATHEN Owensboro

R. W. MILLER Richmond

W. M. REED Paducah

D. L. PENDLETON Winchester

L. C WILLIS Shelbyville

FRANK W. MORANCY Uuisvilie

Committee on Necrology*
C. B. SEYMOUR. Chairman. Louisville.

JOHN P. McCartney Flemlngsburg

BERNARD FLEXNER. Secretary Louisville

Special Committee on Preservatioa of Records of Court of Appeals.
J. S. PIRTLE. Chairman. Louisville.

D. W. LINDSEY Frankfort

J. R. MORTON Lexington

E. M. DICKSON Paris

HARRY B. MACKOY Covington



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PROCEEDINGS.



The First Annual Meeting of the Kentucky State Bar Associa-
tion convened at the Court House, in Lexington, Ky., at 2 o'clock
p. m., July 2, 1902.

The meeting was called to order by the President, Mr. W. H.
Mackoy.

This President : The Lexington Bar desires to welcome the
members of the Kentucky State Bar Association through Judge
Parker. I take pleasure in introducing Judge Parker to the mem-
bers of the Association.

JUDGE PARKER'S ADDRESS.

Judge Parker : The honorable distinction of welcoming you
to this city has been assigned to me.

The duty thus imposed upon me is a pleasant one, even though
its performance should be imperfect. It is much to be thought
worthy of such a gracious duty.

Everywhere the lawyer is recognized as a potent factor in so-
ciety. Invested with large power, trusted implicitly with the
management of the most important affairs of others, his advice ac-
cepted as a guide to do and a defense in doing, the lawyer becomes
a great power for good or for evil.

With some startling exceptions, this power has been in the
past generally exerted in the interest of the rights of man. As a
rule, in times of social agitation, in the times of political excite-
ment — in times when others had lost their reason, the lawyer has
stood for conservatism, for justice, for reason. The great systems
of jurisprudence of the world are his handiwork, and the lawyer .



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6 First Annual Meeting

is the architect of our system, the greatest system of human gov-
ernment ever evolved from the brain of man.

We Kentucky lawyers are the children of a glorious heritage.
In what clime have grown a greater race than the lawyers of Ken-
tucky's past? You will pardon me for saying that her lawyers
were worthy of her other classes. Men whom dishonor touched
not nor shame. The proudest boast of this modest city — 2l small
part of Kentucky — is the rich and cherished memories of her
great lawyers. Within the limits of the foundation of this build-
ing met in forensic debate, Henry Clay, the Breckinridges, the
Wickliffes, the Woolleys, the Marshalls, the Kinkeads, the Buck-
ners, Bledsoe, Robertson, Hunt, Beck, Huston, Harrison, John-
son, Menifee, and a host of others. They sleep in yon burial
ground, but their names and memories are ours forever.

You come to us, as I understand the object of your Associa-
tion, as the organized representative of a great profession. You
come as men charged with the duty of fostering and maintaining
the high standard of ability and integrity that has characterized
the Kentucky lawyers of the past. You come in the interest of
truth, of honesty, and of justice. You could not take upon your-
selves a higher mission. If we would keep our profession up to
its present standard, if we would preserve intact that high
reputation enjoyed and merited by the Kentucky Bar, we must
be ever watchful. The weed will find an abiding place in any
garden if he who tends the garden be a sluggard — ^nay, as the bad,
by some unknown law of nature, is hardier than the good, the
weed destroys the flower, if vigilance be long relaxed.

I congratulate you, gentlemen, in your laudable undertaking.
A volunteer band in the cause, you have assumed the custody of
the honor of our profession, and you should guard that honor as
faithfully as you would guard your own. May He, who guided
the Hebrews of old in their keeping of His Covenant, be your
leader and director, and may He inspire you with courage and



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KeriJtwiley State Bar AssociatUm. j

endow you with wisdom that you may worthily discharge the
honorable task you have assumed.

Proud of our glory in the pist, we should not forget that our
pride must become our shame if we prove ourselves unworthy
descendants of those now dead, who have done so much to make
our profession great. You are the nucleus of a great power. In
these days of progress, with an increase in population, wealth and
business transactions, abuses will creep into the practice of the
profession of law, unless someone takes upon himself the duty
of prevention. You have assumed that duty. Your organization
is an assumption of that responsibility. Your union is a guaran-
tee of that strength which union alone can give. In combating
wrong, in correcting evil, you will use that power fairly, but fear-
lessly. You can — I know you will — ^so exercise that power that
to practice our profession in this state will not be possible to one
who is wanting in fidelity to his clients' cause, or in truth or hon-
esty in his intercourse with any one.

On this historic ground, which is a connecting link between
the present and the past, I welcome you to-day.

In this place, which witnessed so many of their brilliant
achievements, we seem to be in the presence of the honored dead.
They look down upon us from these walls. There is Hunt, and
Johnson, there. Here is Thomas. Yonder is Huston, as he ap-
peared in life, the very master of wit, of eloquence and of logic.
There are Wickliffe and Woolley ; there Shelby — ^and yonder, the
soldier, statesman and lawyer, the masterful Breckinridge. Men-
ifee, that youthful prodigy, whose matchless eloquence was the
wonder of the land, looks calmly into the face of the mighty Clay ;
and Harrison — the spotless — ^he whose moral nature was without
flaw or blemish, is face to face with his friend, William T. Barry.
A goodly company ! None better among the living or the dead 1
And as they mutely look down upon us to-day, may we not draw
inspiratioii from them, and imbibe the principles which guided



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8 Fmt Annual Meeting

them in their lofty career? It may be that their spirits are with us
now. If it be so, they wish us well in all that is good.

And now, gentlemen, in the name of the people of this county
and city — in the name of the Fayette County Bar, I bid you wel-
come, and wish you God speed in the work before you.

The Pri^sidenT: It did not require the assurance of Judge
Parker to make us feel that we should be welcome to the city of
Lexington. Many of us knew personally the hospitality of its
citizens ; we knew also, that, as a matter of heredity, it was im-
possible for them to be otherwise than hospitable, and we felt that
we should make no mistake in selecting this city as the place of
meeting of the Association.

There was another reason why we desired to hold, in Lexing-
ton, what is really the first annual meeting of this Association, for
the one at I^uisville, last November, was merely for the purpose
of organization. This city is rich in the traditions of our profes-
sion ; it was an early capital of the state of Kentucky ; for genera-
tion after generation, since its first settlement, it has been the
home of able and distinguished lawyers, and it was the seat, at one
time, of a school from which young men went forth, year after
year, to adorn and dignify the bar of this state, and to add to its
renown.

And now, upon this occasion, it is made my duty, by your
rules, to open your proceedings with an address.

THE PRESIDENTS ADDRESS.

Gentlemen of the Kentucky State Bar Association :

Since your rules are silent as to the character of the address, it
has seemed to me to be proper and in accordance with a custom
which has obtained somewhat in such cases, to review the work
of the Association since we last met, to consider briefly the
changes which have been made in the law and to suggest such



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Ketdiuds^ State Bar Auoeiaiiion. p

matters as may come within the scope of the organization and con-
tribute to its usefulness.

The Association was formed within a few weeks of the meet-
ing of the last session of the General Assembly.

It was not possible, therefore, that it could exert the influence
of an older organization with a larger membership. Your com-
mittees, recognizing this fact, determined to confine their atten-
tion to two measures, the one a bill in regard to admissions to the
bar, and the other, a bill to provide for the use upon appeals of
printed abstracts of records.

Those who followed the course of legislation in the last ses-
sion of the General Assembly, know that neither of the bills be-
came law.

It is not my purpose to follow further the history of those bills,
nor to anticipate the reports which your committees will make in
that regard.

There was an attempted measure of reform' in a bill relating
to admissions to the bar, which did become a law, but it falls far
short of the necessities of the case. The passage of the act re-
ferred to was the direct result, however, of the agitation of the
question by this Association, its members and committees, and is a
hopeful sign. It indicates an awakened public sentiment, which,
with further discussion, will enable this Association to succeed in
its purpose of increasing the time of preparatory training for and
of elevating the standard of admission to the bar.

With regard to the bill for the use upon appeals of printed ab-
stracts of records, it is the opinion of good lawyers, members of
this Association, that the Court of Appeals, by rule, can provide
for much that it was attempted to accomplish in the Legislature.
The Court of Appeals will hardly, however, take the responsibility
of action, and it will be the duty of this Association, during the
time that will intervene before another session of the General
Assembly, to awaken public interest in favor of the measure by
pointing out the advantages that will result from its adoption.



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9 JO First Anmud Msetmg

It will not only facilitate the disposition of cases, by weeding
out much useless and irrelevant matter, but one of its marked
benefits will be to enable every judge to examine the record of
each case and not take^the facts contained in it at second hand.

The reputation of the Supreme Court of the United States,
and the weight accorded to its opinions, is due largely to the care-
ful examination that each case receives from every member of that
court, and the thorough consideration and discussion by the en-
tire body of every point involved.

Such a method it would be impossible for the judges of the
Court of Appeals to adopt at the present time when only one copy
of the record is furnished to a court composed of seven judges.

Another advantage, greater than any other, from the use of
printed abstracts of records, would be, that the time would be
reached soon when oral arguments could be heard in every case
in which counsel desired to make them.

The Committee on Grievances of the Association will present
to you for consideration a carefully prepared Code of Legal
Ethics, similar in most respects to, yet differing in some from
those which have been adopted by the Associations of several
states.

There has been an encouraging increase in the membership of
the Association since its organization. Its active members then
numbered one hundred and forty-seven, while they now number
two hundred and eighty.

The provision of our Constitution, that, "No member of the
bar residing in a county where there is a Bar Association shall
become a member of this Association, unless he shall also be a
member of the local Association," has operated to keep several
reputable lawyers from becoming members.

As this Association is an original, and not a representative
body, and is able to protect itself against unworthy members, it is
believed by your Executive Committee, who have had an oppor-



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Kentudcy State Bar Association. ir

tunity to observe the operation of the constitutional provision now
in force, that membership in the State Association should not be
made to depend upon membership in a local Association, and, tO'
carry out their views, an amendment to the constitution in regard
to the qualification and election of members will be presented ta
you for such action as you may choose to take.

As a method to enable the Association to learn readily the
names and addresses of a large proportion of the lawyers in the
state so as to communicate readily with them, if the occasion should
require, the advisability of suggesting to the Court of Appeals the
adoption of a rule requiring the names and addresses of members
of the bar practicing in that court to be enrolled by the clerk of the
court in a registry kept for that purpose is worth considering.

The act passed by the legislature at its last session in regard ta
admissions to the bar, which makes it the duty of the clerk of every
court of record in this state to keep a roster of all the attomeys-at-
law at any time practicing law in such court, in which roster he
shall record the name of each member of the bar of his court, and
also each lawyer practicing therein, is broad enough in its terms
to include the clerk of the Court of Appeals, although, from the
context, it may be doubted whether it was intended to apply to
him. A liberal construction of that act, however, would enable
the Court of Appeals to enforce it by an appropriate rule.

The preservation of the records of the Court of Appeals was
deemed of sufficient importance, at the last meeting of this Asso-
ciation, to require the appointment of a Special Committee to take
that matter under consideration. The chairman of that commit-
tee, early in the last session of the General Assembly, visited
Frankfort, and conferred with the judges of the Court of Appeals
in regard to the subject entrusted to his committee. At that time
it seemed probable that an appropriation toward the building of
a state capitol would be made. The old question of capitol re-
moval, however, which has not been laid to rest by the necessity^



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J2 First Anmud Meeting

which now exists, of amending the Constitution before a removal
can be made, was again revived and prevented action on the part
of the General Assembly.

The importance of taking steps looking to the preservation of
the Court of Appeals' records is an existing necessity, as much so
as it was a year ago. It is not probable, however, that anything
can be done in the absence of a legislative appropriation. It may
be that the present capitol, with its records and muniments of title,
will have to share the fate of those that preceded it, before public
opinion will require, at the hands of the legislators of the state,
the erection of a building which will comport with the dignity, and
the past history of Kentucky, and in which not only the records
of the Court of Appeals will be safe from destruction by fire, but
in which may also be gathered and cared for appropriately all that
can now be found relating in any way to the history of the state
and its people. Much that was of great value has already been
destroyed and can never be replaced.

In another century the annals of to-day and of the excit-
ing times through which the state has passed during the last
few years will be of as much interest to the careful student of his-
tory and to the philosophical investigator of peculiar phases of
human thought and action, as now are the Kentucky and Virginia
resolutions of more than a century ago, the Spanish Conspiracy,
with its intrigues, in which prominent citizens of the state were
involved, or the acrimonious struggle, lasting for several years,
between the Old Court and the New Court parties, and its tragical
incidents.

The work of building a new capitol, therefore, in which may
be safely kept everything that will throw light upon the history of
the state, and the struggle of its people, sometimes half blind, to-
ward a higher and better civilization, can not be begun too socmi.

The citizens of Frankfort desire simply to make the capital per-
manent at that place ; they are considering the useful rather than



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Kefntwiky 8bde Bar AMOciation. ij

the aesthetic. Their material interests, which would be largely
ruined by a change of the seat of government, will not permit them
to discuss the character of the building to be erected nor a change
of site to one of the neighboring hills.

This Bar Association could render no greater service to Ken-
tucky, than to awaken a public sentiment in favor of the erection
of a capitol, which, if built at Frankfort, should be erected, not
down in the valley, upon the present site, but upon the summit of
one of the near hills, and which shall, architecturally, be worthy
of the state, and the views from which shall be an inspiration to
Kentucky's statesmen, as Monticello, with its outlook over green
pastures, red plow lands, the meanders of the Rivanna, and its
view of the Blue Ridge in the distance, was to Jefferson.

When we remember that the Constitution of the United States
was the outcome of a local effort to regulate trade between Vir-
ginia and Maryland, would it not be advisable to consider the pro-
priety of making the Committee on Preservation of Court of
Appeals' Records, one of the regular committees of the Associa-
tion, and charge it, that, like a good judge, it extend its jurisdic-
tion ?

This Association, through its Committee on Law Reform, ap-
proved of a bill prepared by the Covington Bar Association
amending Section 2247 of the Kentucky Statutes, in regard to the
manner of selecting grand and petit jurors. The bill required
the members of both grand and petit juries to be drawn from the
wheel until the required number had been obtained, with the pro-
viso as to each, that if the number of vacancies to be supplied did
not exceed three, the judge might, in his discretion, direct the
sheriff to summon bystanders to fill the vacancies. It provided
for the filling of vacancies, during the term, by drawing from the
wheel,unless the number of vacancies did not exceed three, when
they could be filled with bystanders, or unless the panel had been ^
exhausted by challenge, after the case had been called for trials



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j^ First Annual Meeting

in which case jurors could be suppUed from the wheel, or from
bystanders. It also required the drawing from the wheel to be
made in open court, made service upon the regular panel by a
juror for the term, or until he was excused, service as a by-
stander within twelve months, and the absence of the name of a
juror from the assessor's book last returned before the placing of
the names in the wheel, grounds of challenge for cause.

The object of the bill was to eliminate as far as possible the


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