in this branch of the law which have come under your observation during the long and varied experience at the bar many present have had. If this paper serves in any degree to impress this association with the necessity of the adopttion of a union code by our states upon this and other important branches of the law, I shall feel well paid for the time spent in its hasty preparation. I am not among those who ridicule the idea of the practicability of a unification of the law of the states, particularly upon those important branches of substantive law out of which so much confusion and conflict exists. I believe that this will be accomplished in part in the not extremely remote future, and that ultimately a unification of the law of procedure will be effected. The success of the German States, after years of effort, in adopting last year a union code is at least encouraging to The fact that some nineteen of our states more than two years ago had appointed code commissioners for this work is still more gratifying. The members of our association should invite the present Legislature to appoint one or more commissioners for this work, and to make an appropriation for their compensation if the finances of the young state will permit.

us.

CONSTITUTION AND BY-LAWS

OF THE

STATE BAR ASSOCIATION OF UTAH.

CONSTITUTION.

ARTICLE I. The name of the Association shall be The State Bar Association of Utah.

ART. 2. The object of the Association shall be the elevation of the standard of professional learning and integrity; to inspire the greatest degree of respect for the efforts and influence of the Bar in the administration of justice; and to cultivate fraternal relations among its members.

ART. 3. The officers of the Association shall be a President, a VicePresident from each Judicial District, Secretary, Treasurer, an Executive Council of five members, and a Committee on Grievances consisting of three members, which officers shall be elected annually and hold until successors are elected and accept.

ART. 4. The President shall deliver an address at each regular annual meeting of the Association, and the duties of the President, Vice-President, Secretary and Treasurer shall be such as usually pertain to those officers respectively.

ART. 5. Regular meetings of the Association shall be annually held at Salt Lake City on the second Monday in January, at 7:30 p. m., at the Supreme Court room, for the election of officers, and for addresses and discussions; also for the transation of any other business of the Association The President and the members of the Executive Council and Committee on Grievances shall be elected at the annual meeting by ballot.

Special meetings may be called at any time by the Executive Council or the President, and must be called when a request signed by fifteen members of the Association is made therefor. And the notice of such special meeting shall be by publication in the daily papers of Salt Lake, Ogden and Provo, or by personal notice sent by the Secretary to each member of

the Association; in either case not less than three day's notice of the time and place of holding such meeting shall be given.

ART. 6. A quorum for the transaction of business shall be twenty members.

ART. 7. No person shall be admitted to membership in this Association who is not a member of the Bar of the Supreme Court of Utah.

ART. 8. All applications for membership at the annual meeting shall be referred to the Executive Council, who shall report on the same to the Association, with their recommendation, and no person shall be admitted to membership except by a two-thirds vote of the members present. During the interval between annual meetings, applications for membership may be determined by the Executive Council. Each member shall pay an admission fee of five dollars, and annual dues, after the first year, of three dollars. Any member may be expelled on a vote of a majority of the members of the Association.

ART. 9. The Executive Council shall manage the affairs of the Association, subject to the Constitution and By-Laws; it shall, also, on or before the first day of May of each year, designate such number of members, not exceeding six, to prepare and deliver or read, at the next annual meeting thereafter, appropriate addresses or papers upon subjects chosen and assigned by the Council, to each of such members as may be so selected for such purpose.

ART. 10. All addresses delivered and papers read before the Association, a copy of which is furnished by the author, shall be lodged with the Secretary. The annual address of the President, the reports of committees and all proceedings of the annual meeting shall be printed; but no other address delivered or paper read shall be printed except by order of the Executive Council.

ART. 11. The Committee on Grievances shall be charged with the investigation of all complaints against members of the Association, members of the Bar and officers of the Courts, and also of all complaints which may be made to them in matters affecting the members of the legal profession, the practice of law and the administration of justice, and shall report thereon to the Association, with such recommendation as they may deem proper. The proceedings of such committee shall be secret.

ART. 12. If a vacancy occurs in the office of President, the Executive Council shall designate a Vice-President to fill his place. Said Council shall also fill any vacancy that may occur in the office of Secretary or Treasurer; and said Council and said Committee on Grievances may respectively fill any vacancy that may occur therein.

ART. 13. The Treasurer shall render an account annually to the Executive Council, and said Council shall report the same to the Association at its annual meeting.

ART. 14. The Executive Council shall cause to be printed such number of the Constitution and By-Laws of the Association, with the roll of the members of the Association, as it shall deem best, not exceeding one thousand copies, and shall distribute the same to members of the Association, and to such other persons, or associations, or societies, as it may deem prudent; and shall, with the proceedings of each annual meeting, print a roll of the members of the Association.

ART. 15. This Constitution shall remain unalterable except by a vote of two-thirds of all members,

BY-LAWS.

SECTION 1. The order of exercise at each annual meeting shall be as follows:

1. Opening address by the President.

2. Consideration of applications for membership.

3. Report of Executive Council.

4. Report of Committee on Grievances.

5. Reports of special committees.

6. Delivering or reading of addresses and papers.

8. Election of officers and delegates to American Bar Association. SEC. 2. There shall be chosen by ballot, at each annual meeting, three members as delegates to the American Bar Association for the ensuing year.

SEC. 3. These By-Laws may be amended at any regular meeting by a majority vote of the members present.

OBITUARY.

WALTER MURPHY.

Born April 26th, 1861.

Died February 5th, 1897.

Walter Murphy was a high-minded, honorable man in all relations of life. Endowed with high mental attainments, all his life he had been a close student of books, of men and affairs, which in the practice of his profession bore fruit in ripened culture and wide learning. Courteous and kind in his intercourse with others, he was particularly genial and happy in his association with the members of the bar. His powers were ever exerted to instruct or amuse, never to wound.

May not we, who knew him well, say of him:

"Whose fancy, as bright as the firefly's light,

Played 'round every object, and shone while it played;

Whose wit, in the combat, as gentle as bright,

Ne'er carried a heart-stain away on its blade."