be necessary. But I say, as a matter of public policy, and as a matter of public economy, outside of meeting the ends of justice more easily, we should adopt this resolution, as it would be cheaper than the present mode, and would thus be a saving to the State. I want to state here in the Association, though I do not know that it is any thing to be bragging about, that I was in the last Legislature, and that I was in good company. Here my old friend who was there too. We sometimes call him the "Old Man of the Mountains."

is

Mr. Savage.-I call the gentleman to order.

Mr. Williams.-I was just going to say that we sometimes call him the "Old Man of the Mountains," but he is not, he is the "Young Man of the Mountains."

Mr. Sarage. When I was a member of the Judiciary Committee for the last Legislature, there was a measure similar to this introduced by a gentleman from Wilson County. I supported the measure, and it was reported favorably to the House, but it did not pass, and the law passed by that Legislature was adopted as some sort of a substitute. I say now to the members of this Association, that to simplify the practice of law, and to carry out the ends of justice, I believe this office ought to be created. I am for it simply for the reason that I believe it will carry out the ends of justice. But I know that every lawyer here will say that it will save him a vast deal of unpleasant labor he is obliged to perform at midnight, and I make the suggestion that the resolution ought to be adopted.

Mr. Lellyett.—I propose to strike out the clause referring to the manner of paying the fees, and say that the fees-all the fees-be taxed up with the bill of costs.

Mr. Williams.-I would refer to the passing of the Supreme Court on the jury question. I think the same principle would apply to this.

The change proposed by Mr. Lellyett made by consent.

Mr. Turner.-I desire to make a suggestion or two. I am opposed to the creating of any new offices in Tennessee, unless absolutely demanded by the public service, but I think that this measure wili remedy some of the evils suggested by the gentlemen. If this bill is passed it will result in doing away with the thing we have been trying to do away with for a series

of years in Tennessee. I submit to the older members of the profession whether four-fifths of the record in the Law Courts is not mere verbiage, and absolutely useless to the determination of the questions that are presented there. Still, I say that the testimony of all the witnesses may not be important. The testimony of two or three of the witnesses is usually sufficient to determine and fix the bill of exceptions, but here you have opened the door, and ten, twenty, fifty, or five hundred witnesses are introduced, and, under the rules proposed to be used, you have a record of one thousand pages, when two intelligent lawyers can, in an hour or two, get all that is necessary, and not have a record of more than one hundred pages at the outside. It is said by my friend from Winchester that you come to it gradually. I am always willing to get a grain of wheat, but dislike to go through a bundle of chaff to find it. Usually a record of one hundred pages will contain all that is necessary to properly present a lawsuit to the Supreme Court, and all in the record more than that illustrates nothing but the absence of mind in the attorneys who prepared it. I have as my authority a Judge, who should know what he is talking about, and he says there have been between four thousand and five thousand lawsuits in Tennessee in the last two years-say three thousand five hundred, averaging two hundred pages to the record. I wish some of you would see how many pages that would be; seven hundred thousand pages of record for the argument of the counsel. I submit to you, gentlemen, how much of the records have been brought before the practical observation of the Supreme Court. Under the practice proposed, you will double the amount of the record. In nine cases out of ten the jury is right, but when you have created this office, instead of bringing the cause down to a few facts and submitting them to the Supreme Court, you have a record of one thousand pages to be submitted to them, when it could all be on one hundred. Mr. Williams.—The very thing my friend is bringing up has occurred in the experience of every lawyer, but will this not be the way to prevent it? Will a lawyer ask so many foolish questions when he knows they are all being put down and will appear in the record? I think it will break down this practice. Another point, would it not be easier to hunt through a hay

stack for a needle than not to have the haystack to hunt through? Would it not be better to do this than to trust to the memory of the attorney? So far as encumbering the record with unnecessary matter, I do not think there is as much danger of doing that as if we trust to the memory of the attorneys. Then if there is any thing that is unnecessary it can be eliminated from the bill better than it can be supplied by the memory of the attorney, in case any thing is left out that should be there.

Mr. Turner.—If I thought you were going to trust to the intellect of the average Circuit Judge I would agree to that, but I did not suppose that the mere fact that you have a man who writes short-hand is going to excuse the Judge from reading the law and posting himself upon the case, or will prevent a smart lawyer from exercising his privilege of making a witness contradict himself upon any question. I do not suppose the having of an official stenographer will interfere with these questions and privileges. The object of this resolution is to bring the records, and consequently the methods of obtaining justice, down into the shortest possible compass; but you want to do this by a method that will not effect the purpose desired if you have to have the report of an official stenographer. If I have to go through an entire stack of straw to get a grain of wheat, I would rather not have the grain of wheat. If you want to you can sit down and take a few notes of what each witness says, and then the lawyers can get together and make out the bill of exceptions, but I do not think there is any need of having such a man as this resolution calls for. If you have an official stenographer you will encumber the record with useless matter that does not illustrate the lawsuit at all. I am perfectly willing for every man to have such a man if he wants him, but do not think we need an official stenographer. Besides, I do not believe the Legislature will pass such a law. It might do in the large cities, but would not do in the country practice, and therefore I am opposed to it.

Mr. Lellyett.-No Court in the country or city that has ever had this in practice has abandoned it. It has been found that, in addition to not increasing the volume of the record, but getting it in better form for arriving at the ends of justice, it is a

great benefit on account of the shortness and speed with which cases can be tried. A case that formerly occupied two or three weeks can now be tried in four or five days by the use of a stenographer. The lawyers can agree upon the points in the record upon which they think the Court below did not rule correctly, and submit them to the higher Court, and thus, in a very short time, you attain to the end which formerly, without the stenographer, would take so long to reach.

THE PRESIDENT.—Those in favor of this resolution will vote aye.

Motion prevails, and the resolution is adopted.

Mr. Ruhm.-I want to ask concerning the seventh section, on the second page. That resolution provides that a committee be appointed by the Governor, and confirmed by the Senate, to whom all matters of important legislation be referred for examination. I have in my hand a substitute for that, which I think would simplify the matter, and I ask you to hear me read it: "Or that the two Houses each appoint from their own bodies a Revisory Committee, to whom, before final passage, shall be referred all laws with a view of examining them and reporting as to constitutionality, phraseology, and ambiguity." Mr. Pilcher. There was an amendment offered to that yesterday, and passed.

Mr. Ruhm.-I think that this would answer that the two Houses should appoint an official committee, to whom shall be referred all matters of important legislation for their examination, etc.

Matter laid over.

Mr. Fentress.-Mr. President: I think that instead of that amendment we should insert that the Governor should appoint three men learned in the law as a committee of revision.

Mr. McFarland.-That is out of order.

Mr. Ruhm.-That may be, but I am glad to call attention to the fact that in recommending such a committee you are placing the Bar in a not very enviable position.

THE PRESIDENT.-The hour has now arrived for the address from Mr. Butler. I will appoint Mr. McFarland and Mr. Ruhm as a committee to inform Mr. Butler that we are awaiting his arrival.

Mr. Williams.-Mr. President: I desire to recommend Col. John H. Savage as a member of this Association.

THE PRESIDENT.-Let the recommendation be made to the Central Council.

Mr. Butler enters.

THE PRESIDENT.-Ladies and Gentlemen: I have the great pleasure of introducing to you my old friend and classmate, Mr. John Haskell Butler. He will now address you.

Mr. Butler delivers an address. (See Appendix.)

Mr. Gaines (presenting a beautiful bouquet).—Mr. Butler, in the name of the lady friends of the Bar Association of Tennessee, and as an offering to the gentleman who comes to Tennessee from Massachusetts to attend the meeting of the Bar Association of Tennessee, and in recognition of the compliment paid us by your visit, I present you these flowers. (Presents bouquet.)

Mr. Gaines.-I move that the thanks of the Bar Association of Tennessee be returned to Mr. Butler for his visit here, and for his beautiful and instructive address.

Mr. Wiltse.-If the gentleman will allow it to be embraced in his resolution, I will further move, in addition to this, that he be made an honorary member of this Association.

Amendment accepted, and motion carried unanimously.

Mr. Ruhm.—Mr. President: The Central Council is ready to report. The Central Council, willing to encourage all the honest efforts of young America, recommends that the man known as the "Great Commoner," the "Old Man of the Mountains," and other endearing names, Mr. John H. Savage, be received as a member of the Bar Association.

Mr. Gaines.--I move that the rules of the Association be suspended, and that the Secretary of the Association be instructed to cast the unanimous ballot of the Association for Mr. Savage.

Motion carried, and the Secretary instructed to cast the unanimous ballot of the Association for Mr. Savage.

Mr. Sarage. I had the pleasure and honor to receive an invitation from your Secretary to be present at this meeting of the Bar Association, and also, if I desired, to become a member of the Association. I had been up in East Tennessee, and