that this record must be amended. The proper statement of the case is, that the judges class infants, married women, and fools together. Whenever a woman marries, under our practice, this is the uniform rule. Whenever a woman marries and comes into court, she is classed with infants and fools. That rule does not apply to a woman who has got sense enough not to marry. When she is twenty-one, and does not marry, she is excepted out of the rule. When her husband dies she is taken out of this class. I want to suggest that as a toast for to-morrow night, and appoint Mr. Wiltse to respond to it.

Mr. Ruhm.-Mr. President: I have a privileged matter before this Association, but before that I will say, in connection with what Col. Colyar has stated, that as our Constitution does not allow class legislation, we ought to have an amendment to the Constitution, so that women who are married should not be classed with infants and fools. I will thank the President, in the name of the Association, for bringing out a matter in connection with the Code of Tennessee, and, as a member of the committee, for not having had the discussion sooner, at a time when probable action could have been taken against the members of the Legislature. The time to indict for that has passed -the statute of limitations bars an action. We have five members of the Bar Association, who were members of the Legislature, who endorsed the Code. If the President had called attention to that three years ago there would have been as many members put out of this Association.

THE PRESIDENT. In the absence of certain members of the Central Council I appoint to act in connection with the Chairman of the Central Council on all matters coming before the Association during this meeting, Mr. Clift, of Chattanooga, and Mr. Jordan Stokes, of Nashville.

A Member. I move that the Secretary be authorized to cast the ballot of the Association for the election of the proposed new members of the Association.

A Member.—I move that the rules be suspended, and the Secretary cast the ballot of the Association.

Motion seconded, and Secretary authorized to cast the ballot of the Association, accordingly, for the election of the following gentlemen, whose names were proposed for membership:

THE PRESIDENT.-The next matter, as given upon the programme, is the report of the Secretary and Treasurer.

REPORT OF SECRETARY AND TREASURER.

The Secretary.-Mr. President: As Secretary of this Association I respectfully report as follows:

To the Bar Association of Tennessee:

As Secretary I respectfully report that five hundred (500) copies of the record of our Proceedings for 1887 were printed and distributed among the members. Exchanges will be made with other Bar Associations, and some copies will be forwarded to various public libraries. The increase of our membership, and the greater demand for our publications, will necessitate the printing of a larger number of copies of the Proceedings for 1888. An instance of this demand may be found in the fact that a request was received from the Chief Justice of the Supreme Court of New Hampshire for the able article on the "100-3 Case," submitted by the Hon. Jonn W. Judd at our annual meeting in 1882.

The resolution passed at our last meeting, relative to the increase of the salary of the Judges of the District Courts of the United States, was brought to the attention of both Houses of the National Congress through Senators Harris and Bate and Representative Washington, and our memorial was duly referred to the Judiciary Committee.

Reference has been made by our President to correspondence with the National Bar Association. Copies of the Constitution of this Association have been forwarded for the inspection of our members, and they are at the command of such as may wish to examine them.

As Treasurer I report as follows:

I would earnestly urge upon the members the necessity and propriety of remitting their dues promptly, and in response to the first call made upon them. Much trouble and inconvenience to the Treasurer and to the Association may be avoided by complying with this rule.

Respectfully submitted,

J. W. BonneR, Secretary and Treasurer. TULLAHOMA, August 1, 1888.

A Member. I move that the report of the Secretary and Treasurer be referred to the Central Council.

Motion seconded and report so referred.

THE PRESIDENT.-The next matter is the Report of the Committee on Judicial Administration and Remedial Procedure.

The Secretary.-Mr. President: I will state that Mr. Sanford, Chairman of this Committee, forwarded this report to me with the understanding that he could not be present. I hereby submit this report. Report submitted:

REPORT OF THE COMMITTEE ON JUDICIAL ADMINISTRATION AND REMEDIAL PROCEDURE.

To the Bar Association of Tennessee :

I. At your last meeting this question was referred to us: "Should our Circuit Judges and Chancellors be required to hold Court without reference to residence?"

In our judgment they should not be so required.

First. If the Judges and Chancellors are to be elected by the people voting by districts, it is upon the principle that the people have a right to directly say who shall administer justice for them. If justice be administered among a people by one not elected by them, then this principle will be violated. It will not answer this objection to say that the principle of popular election is wrong. Right or wrong, it ought to be respected so long as it remains in our Constitution.

Second. If the people of one Circuit or District should not make a wise choice, should their unwise choice be inflicted on others?

Each constituency ought to have the benefits of its prudence and intelligence, and ought to bear the consequences of its own negligence or folly. The change suggested by the question would leave one constituency who had acted with wisdom to bear the ills of another's unwisdom, without any hope that their own efforts could prevent the evil being repeated at the next election.

Third. Such a change as this ought not to be made unless the present system has evils that are great and apparent, and it ought to be reasonably certain that the change will not only remedy the existing evils, but will not introduce others as great. The main, and, perhaps, only evil complained of or suggested is that a judge will be inclined to favor those who voted for him. Such wrong inclination is not so indulged in as to be a great or apparent evil. If it were, we should hear frequent and violent complaint. The fact is, such complaints are rare, and some of them unjust. The great majority of those who vote for a judge are not personally known to him. The presence of an intelligent and critical bar is a strong check on any such wrong inclination, and the right of appeal is unlimited.

Fourth. The present system must stand until a change be made in the Constitution. (See Constitution of Tennessee, Article VI., Section 4.

II. We recommend that no male person be allowed to sue for a divorce on the pauper oath. It is well known that the right to do so is greatly abused. The divorce suit belongs to that class of litigation which is not much favored by the law. The costs are usually small, varying from $8 to $12. The number

of such cases is very great. Any man seeking and needing such relief ought to be compelled to pay the officers and witnesses for their services.

III. We recommend that the first Monday in every month be made a rule day for Circuit Courts, so that suggestions and orders necessary to revive causes may be entered. We believe the advantages of this will be apparent without argument.

IV. We recommend that a party seeking a continuance at the first trial term for the absence of a witness shall be required to state what he expects to prove by the absent witness, just as he now does at a subsequent term. It is believed that this will prevent some of the delay now experienced in getting a cause to trial. The reasons for this strictness at the first term are just as cogent as the reasons for it at the second term. The only evil that will probably result from it will be the disclosure to the adversary what the evidence is likely to be. But a diligent adversary will probably know this before trial, and, therefore, the disclosure can do no harm. If this rule be too strict for criminal cases it might be limited to civil cases.

V. We suggest this question for consideration:

When an application is made to continue a cause for the absence of a witness, based on affidavit, shall the court be allowed, in its discretion, to inquire into the probable truth of the affidavit, and to allow the continuance or not, accordingly?

Next to a fair trial, generally the most important thing to a meritorious cause is a speedy trial, and there is no doubt that very often the fairness depends on its being speedy. Every lawyer knows that many of the continuances are for delay only, and that these delays work great hardship both on the opposite party and the witnesses, and great expense to the public.

Under the rule suggested the Court will not be compelled to go into the inquiry, and any inquiry will be limited to the prob able truth of the affidavit. And, in point of fact, the Court will probably not be called on to exercise this discretion very often, because the existence of the discretion will prevent many of the false affidavits now made, and, therefore, will serve to speed the trial of causes. The Court will not go into the inquiry except on the suggestion of the opposite party, and that party will nearly always know whether the application is made in