of justices beyond that demanded by the business of the State.

The plan originally presented to the constitutional commission provided for the election of Appellate Division Justices from each department, who should serve in that department unless otherwise necessarily designated to assist in the business of another department.

As at present advised no plan suggests itself to your committee by which a scheme could be adopted and put in operation making the Appellate Division thus independent of the Supreme Court by providing for the election of the Judges as members of that division, and we are unable to suggest any remedy for present conditions by way of constitutional amendment, although we are in accord with the statement in Mr. Littleton's paper that "certain it is that the remedy must begin in a plan whereby Judges shall exercise, except on extraordinary occasions, their judicial functions and render their judicial service in the districts wherein they are elected, thus deriving the full benefit of whatever virtue there is in the elective policy."

Very substantial relief, however, may be afforded to those sections of the State from which Judges are selected to hold terms of the Court in the city of New York, by prompt and adequate provision for a sufficient number of Judges to carry on the business in New York and Brooklyn, thus relieving the country from the drain upon the judicial force which is necessitated by present conditions in the first and second departments.

This, however, is tersely and clearly expressed by Mr. Fleischmann in these words: "To avoid all friction between the metropolis and the remainder of the State in this, as in other respects, the First and Second Districts

and Departments should elect all Judges that they need, including those of the Appellate Divisions, and the remaining districts and departments of the State should do likewise."

Your committee is of opinion that relief may be obtained in aid of the crowded condition of the calendar, at least in some portions of the State, by authorizing Justices of the Supreme Court, now assigned to Appellate Divisions, to perform duties appertaining to the Trial and Special Terms. This is especially true in the case of Justices who are assigned to Appellate Divisions in departments other than those in which they reside.

As to the other matters considered in the papers of Messrs. Littleton and Fleischmann, your committee have determined not to make any further recommendation, although their subject-matter has been fully considered.

With reference to Mr. Whitney's paper on "Further Reforms in Procedure," your committee has to report that a bill was drafted in accordance with its recommendations and presented to the Legislature of 1903 for enactment. Various amendments were made, and it failed of passage by reason of necessity for reprinting at a very late period of the session. Your committee has examined the proposed bill, as finally amended, and recommends its passage by the Legislature, in view of the fact that it remedies several matters of practice which have been the cause of inconvenience and delay. Among other things, it provides for a demurrer by leave of the Court, raising a question of law at any time before trial, even though no pleading may be interposed, thus enabling questions of law to be disposed of as is done in the English Courts without delaying the trial by the formalities now required on demurrer, and in case demurrer is sustained saving the

time and expense necessary upon a trial, combining, it would seem, the best features of the demurrer and eliminating those which are most objectionable.

The provision authorizing one or more issues to be separately tried seems likely to expedite the disposition of causes, where one of the defenses is interposed for delay. The provision with reference to interlocutory judgment will dispose of a question of practice which has been a source of annoyance to the profession ever since the enactment of the present Code, in that it does away with the unnecessary interlocutory judgment upon the disposition of a demurrer, and goes back to substantially the method prescribed and followed in the Field Code.

We are of opinion that substantial benefits will arise. from the enactment of the proposed statute.

Your committee presented to the Legislature the bill proposed by the Committee of Fifteen with regard to the consolidation of the statutes. No action was taken thereon, although no active opposition developed itself from any quarter. It was understood that the condition of the finances of the State were such as not to authorize at that time the increased expenditures. Your committee has every reason to believe that favorable action will be taken during the present session.

We do not deem it desirable or necessary to speak further of this matter, in view of the annual address of the President upon the subject, but content ourselves with the recommendation hereto annexed in connection therewith. All of which is respectfully submitted.

J. NEWTON FIERO,

January 20, 1904.

Chairman.

RESOLUTIONS ACCOMPANYING THE REPORT OF THE COMMITTEE ON LAW REFORM.

Your committee recommend the adoption of the following resolutions by the Association:

First:

Resolved, That Supreme Court Justices assigned to the Appellate Divisions should be allowed to perform all duties of a Justice, including the holding of Trial Courts in every department, except the ones to which they are assigned as Appellate Justices.

Second:

Resolved, That the constitutional amendments heretofore passed by the Legislature providing for an increased number of Judges upon the basis of population, should receive the support of this Association, and is at this time the most practical method for obtaining relief for the present congested condition of business in the Supreme Court.

Third:

Resolved, That the proposed bill, introduced by Mr. Finch in the Legislature of 1903, as amended, relative to pleading, and relating more especially to demurrers, is desirable and would aid in the transaction of business. in the Courts.

Fourth. We recommend the following preamble and resolutions relative to statutory consolidation:

WHEREAS, This Association recognizes the necessity for early action in connection with the revision of the statutes of the State, which was begun in 1889, but has been suspended for the past four years;

Resolved, That the Legislature be requested to enact the proposed statute reported in 1903,* by the Committee of Fifteen appointed to inquire concerning the condition of the statutes and laws of the State, which provides for the consolidation of the statutes by a board, to be appointed by the Governor, and that the work be submitted as a whole to the Legislature within three years from the date of such appointment.

Resolved, That for the purpose of expediting the work, and to insure its completion, the Governor be and is requested to call the attention of the Legislature to this matter at an early period in the session of 1904, and to recommend favorable action thereon.

(For the adoption of foregoing resolutions, see page 212.)

Louis M. King, of Schenectady:

In the press of business this afternoon the report of the Committee on Admissions was overlooked. report from that committee favorably upon all the names which have been presented at this meeting, and move the secretary cast the ballot of the Association for the members.

This motion was duly seconded and carried.

The Secretary cast the ballot.

The President:

The Secretary has cast the ballot and the members are duly elected.

E. T. Lovatt, of New York:

I move a vote of thanks of this Association to our retir

* For proposed act see page 361 of volume 26, Proceedings of the New York State Bar Association.