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Federal Statute Law and Case Law in one set of twelve volumes

1916 Annotated Edition
United States Compiled Statutes

Including Acts to September 8, 1916
Annotations down to April 1, 1916
Kept to date currently by supplements
in the Federal Reporter
Advance Sheets

12 royal octavo volumes

Write for terms
of payment

Buckram binding $75.00 delivered

We have also published

U. S. Compiled Statutes, 1916, without Judicial Constructions

This edition is in 5 volumes and sells for $25,00, delivered, bound in buckram.
The text matter is identical with that of the U. S. Compiled Statutes 1916,
Annotated Edition.

West Publishing Co.

St. Paul, Minnesota



of the

American Judicature


To Promote the Efficient Administration of Justice


A Proposed Judiciary Article to Unify New York State Courts.....


Procedure by Rules of Court-Twenty Reasons in Support of This Principle......
The Crisis in California-Bar Must Line Up for or Against Court Reorganization.......
Reorganizing Illinois Courts-An Argument for Business Management..
Training Lawyers in Procedure-Education After Admission, by R. S. Gray.....
For More Concise Opinions-American Bar Association Submits Memorial to Appellate
Court Judges...........






News From the Field.....



Chicago Bar Association Organizes Machinery for Discipline-Report on Bill for Uniform Procedure in Federal Courts-The September Annals of the American Academy of Political and Social Science-The Massachusetts Convention-Creating Specialized Courts.

The American Judicature Society exists because of the conviction of its members that earnest and intensive effort will avail to make the administration of justice in American courts more effective and more economical. ¶Its work is educational. ¶The Society co-operates with all other agencies active in the field. It invites the membership of all persons who are interested in the problem. ¶There are no fees. ¶To become a member and receive the Journal, send in your name.

Published Bi-monthly from 31 West Lake St., Chicago.


With the Bankruptcy Amendments of 1917




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With an experienced Faculty, the Elbert H. Gary Library of
Law of about 43,000 volumes, located in a University building
in the center of the business district of a great city, this school
offers unusual facilities for students of the law.

Academic Year of 1917 opens Monday, September 24th.

For detailed information, address the Secretary of
the Law School, Northwestern University Building,
31 West Lake Street, Chicago

It is a glorious thing, in this year 1917, to be an American citizen and to share in the hopes that inspire us as our armies go forth to battle for our civic and moral principles. And in this day of the great awakening there is equal cheer in the knowledge that we shall abate nothing in our age-old, home combat for justice. Democracy must, in the long run, justify itself by its fruit; only as it yields good fruit is it worth fighting for. In the words of Governor McCall of Massachusetts, quoted from his opening address to the constitutional convention in that state: "Democracy will come into its own, not when the world is made safe for it, but when it has made itself safe for the world. It can be made safe by endowing it with the necessary organs."

The one central problem of making judicial administration efficient in the typical state, as it emerges from current discussions, is clearly seen to be the problem of organizing the judiciary of the state in such manner that it can discharge the great labor which it assumes, and so be held accountable for methods and results. It is seen that democracy must be endowed with "the necessary organs."

The foundations of the judicial organization of the future must be laid in the constitution. In the August number of the JOURNAL two model judiciary articles were printed. The third in the series appears in this number. The December number will contain a condensed statement of the model article advanced by the American Judicature Society, and of the draft act intended to carry it into effect.

Comment was made, with some quotations, in the June number, on the model article drafted by a committee of the Mississippi State Bar Association. A revision of this article is now in progress by the same committee, with added members. As soon as the committee's work is completed its draft will be published in full in the JOURNAL.

Committees to pursue similar work have been created by the State Bar Associations of Louisiana and Alabama. This is a fruitful field for work, especially in view of the probability that a number of constitutions will be revised in the next few years. The danger is that revision will be under taken before there is adequate understanding of the needs of the judicial department.

It would require more than an entire issue of the JOURNAL to publish all of the appreciative letters received by the Editor since the June number. Opportunity is taken here to thank all our new friends and members, and to express the sincere hope that the JOURNAL will always deserve the good things said of its earlier numbers.

The membership of the Society is growing by about one hundred names a month. Probably the best and safest way to extend the membership is the one suggested in the last number of the JOURNAL, which has been acted on by a number of members, namely, the nomination by members of those whom they know to be interested in the problems we are studying. Such nominations are always welcome. We have now about 2,200 members, including the Council. With the copies sent to judges of courts of record, as members ex officio, to libraries, and those used for sampling and reserved for new members, this edition is considerably in excess of 10,000 copies.

The attention of members is called to the advertisement in this issue of binders made especially to hold the files of the JOURNAL. If the JOURNAL is worth preserving at all, it is worth preserving in a safe and convenient form. The Society buys them in quantity and offers them to members at cost.

There has been only one ground for dissatisfaction since the establishment of the JOURNAL, and that is the comparatively small number of new members who order any of the publications of the Society. The uniform price of twenty-five cents a copy, postage prepaid, is below the average cost of printing. A live interest in the work should mean a wider circulation of the bulletins. At this time the Directors would especially like to circulate BULLETIN XIII, containing the first draft of proposed rules of procedure. In a few months the slow and laborious work of preparing the first draft of the remaining rules will be accomplished. Meanwhile, it is desirable that the rules should be in the hands of as many lawyers as possible, and that they should turn in their written criticisms of the rules for the benefit of the Directors and draftsman in preparing a revised edition. The widest possible circulation and most searching criticism are earnestly hoped for.

To Unify New York State Courts

In the last number of the JOURNAL there was presented a model draft of a judiciary article submitted by the Lawyers' Group of New York City to the Constitutional Convention of 1915. Similar and related work has been pursued since that time for the Phi Delta Phi Club of New York City, first by its committee of seven, and later by its committee of nipe, of which Henry W. Jessup is chairman.*

The report has been published in the Annals of the American Academy of Political and Social Science for September, 1917. With its exhibits the report fills 103 pages of the Annals. There follows as a separate article an interesting commentary on the draft by Mr. Charles A. Boston, a member of the Lawyers' Group.


The members of the committee are: W. Jessup, chairman; Dean Emery, president, ex officio; Harry N. French, Edwin S. Lewis, R. A. Mansfield Hobbs, Willard A. Mitchell, Lawrence S. Coit, Hugh R. Partridge, George W. Alger, Leigh K. Lydecker, and Hon. Norman J. Marsh, advising with the committee. "Any person desiring to communicate in regard to the subject matter of the report or in regard to ordering reprints thereof may communicate with the chairman at 55 Liberty street, New York City. Reprints can also be secured by applying to the American Academy, Woodland Ave. and 36th St., Philadelphia."

For the purposes of the present publication it appears best to present the draft section by section with notes which contain in very condensed form the substance of the comments contained in the report and in Mr. Boston's article. Readers specially interested will want to obtain the full text in the Annals.

Section 1. Judicial Power; Re-constitution of courts. The judicial power of this State shall be vested in the Court of the State of New York. In this Court the People may sue, and without further consent, be sued. Nevertheless, the legislature may provide for a court for the trial of impeachments and for the election and appointment of justices of the peace.

NOTE-The committee evidently feels some doubt as to the practicability of including justices of the peace in the unified court. The draft has the merit at least of leaving the question open for determination by the legislature.

Quoting from the report: "It is proper to say that this committee takes issue here and now with the proposition that there

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