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tions, being section 2510 of the General Statutes of 1901, to make it read as follows:

One-half in value of all the real estate in which the husband, at any time during the marriage, had a legal or equitable interest, which has not been sold on execution or other judicial sale, and not necessary for the payment of debts, and of which the wife has made no conveyance,

shall, under the direction of the probate court, be set apart by the executor as her property, in fee simple, upon the death of the husband, if she survives him; PROVIDED, That the wife shall not be entitled to any interest, under the provisions of this section, in any land to which the husband has made a conveyance, when the wife, at the time of the conveyance, is not or never has been a resident of this state. Continuous cohabitation as husband and wife is presumptive evidence of marriage, for the purpose of giving the right aforesaid:

AND PROVIDED FURTHER, That the grantee in such conveyance by the husband shall be a purchaser in good faith for value and without actual knowl.

edge of the existence of such wife. On motion the proposed amendment was referred to the committee on Amendment to Laws.

Rezin Iams Esq., of Clay Center, made a few remarks in the nature of a suggestion touching the deficiency now owing to the State Board of Law Examiners which was referred to the committee on Revision.

REPORT OF COMMITTEE ON NOMINATIONS.
The Committee on Nominations made the following
report:

For President, Lucius H. Perkins, of Lawrence.
For Vice-President, William P. Dillard, of Ft. Scott.
For Secretary, Delbert A. Valentine, of Topeka.
For Treasurer, John G. Slonecker, of Topeka.

For Executive Council-R. B. Welch of Topeka, Chairman; P. J. Galle, James W. Finley, C. M. Williams, Charles W. Burch.

For Delegates to American Bar Association-Chas.

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W. Smith, Frank Doster, F. L. Williams. (Delegates may choose their own alternates.)

Respectfully Submitted,
(Signed)

R. B. Welch,
John D. Milliken,
Frank Doster,
Silas Porter,

C. C. Coleman.
On motion the report was unanimously adopted and
the gentlemen named declared elected to the respective
offices.

After thanking and congratulating the Executive Council for its good work, the President declared the association adjourned sine die.

.

In due time the president-elect, Lucius H. Perkins Esq., of Lawrence, announced the necessary committees under the constitution, as follows:

JUDICIARY COMMITTEE-C. A. Smart, Chairman, Ottawa; Wm. L. Burdick, Lawrence; Henry F. Mason, Garden City; F. L. Williams, Clay Center; John S. Simmons, Dighton.

AMENDMENTS TO LAWS–J. B. Larimer, Chairman, Topeka; James F. Getty, Kansas City; W. B. Ham, Stockton; Wm. E. Hutchison, Garden City; W. T. McCarty, Emporia.

MEMORIAL COMMITTEE—Chiles C. Coleman, Chair. man, Clay Center; Wm. E. Higgins, Lawrence; C. S. Gleed, Topeka.

LEGAL EDUCATION AND UNIVERSITY LAW SCHOOL -Silas Porter, Chairman, Kansas City; W. D. Atkinson, Parsons; Chas. D. Welch, Coffeyville; J. W. Green, Lawrence; J. T. Pringle, Burlingame.

D. A. VALENTINE, Secretary.

HOTEL THROOP, TOPEKA,

JANUARY 31, 1906.

9 O'CLOCK P. M.

"This night I hold an old accustom'd feast,
Whereto I have invited many a guest
Such as I love."

To try thy eloquence now 'tis time"

-Antony and Cleopatra.

MAGISTER CONVIVII, W. P. DILLARD.
The Country Lawyer.....

..F. S. Jackson
“How shall I then begin, and where conclude,
To draw a fame so truly circular?”

-Dryden.

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Contingent Fees.....

...H. F. Mason
“So perplex'd a tongue that would not wag,
Nor scarce lie stin without a fee."

-Ben Jonson.

The Mugwump..

..R. W. Turner "The devil take one party and his dam the other."

--Merry Wives of Windsor.

Precedents...

J. S. West
* 'Twill be recorded for a precedent;
And many an error by the same example
Will rush into the state."

-Merchant of Venice,

The Attorney for the People.....

.Harold T. Chase

"But I have words,
That should be howl'd out in the desert air."

-Macbeth.

"If we do meet again, we smile indeed,
If not, 'tis true this parting was well made."

-Julius Cæsar.

ADDRESSES.

THE GOVERNMENT AND THE

CORPORATION.

President's Annual Address.

HON. CHARLES W. SMITH, STOCKTON.

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Government is the outgrowth of the needs of the people; the corporation of those of commerce. In the beginning of the social life commerce was limited to barter and neighborhood traffic. The wants of each community were few, because the means of supplying them were few. Here all men were producers who consumed most of their own products. As production out-ran the actual needs of the producer, thus leaving a surplus, the necessity of disposing of that surplus arose, and this was the beginning of trade. While trade was limited to narrow limits it was easy to carry it on by individual efforts and limited capital. As it grew the demand for the combined efforts of men and money became imperative. The first form of such combination was that of partnerships. These soon became inadequate for the enlarged demand for commercial facilities, and out of this demand came the corporation. This was a person in the eye of the law, ideal, existing only in contemplation of the law, but possessing the attribute of continuing existence. The creation of the corporation gives to the diversified elements of its organization a oneness that enables it to act as a natural person, while at the same time it makes the transfer of its property easy without endan

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gering the identity of the corporation itself. It also limits its financial liability to its own property; for, if it were a person, why should the property of any other person be liable for the payment of its debts? Possessing these powers and privileges it became a fit instrument in the commerce of the modern world. Indeed, without some business device like the modern corporation, trade, in its magnitude and importance as now would have been impossible. To destroy the corporation and put nothing equally good in its place would be detrimental to the growth of our social institutions. The danger is not from the corporation because it is such, but the danger is in its management.

Preceding the institution of corporations, of course, came government. Government is the only authority that may, or should have power to do those things which are necessary for the very life of the state. It alone must have the right to preserve the peace, to declare war, or enlarge or contract the limits of the national domain. The things which are not essential that it should do to preserve the National life or the National honor, though they may be of public concern, the Nation may or may not do as it decides upon. Such powers as the building of railroads, the carrying on of commerce belong to the latter class of duties. While it is the duty of the Nation to see to it that the country is supplied with highways and the means of carrying on its commerce, it may delegate this power to incorporated bodies of men. When it does this the body is possessed of a public function, and must be subject to public supervision over its business. Under our laws the natural person is free to act as he sees fit, so long as he does not trespass upon the equal right of others. He may do business when and where he will, and may do it in his own way, limited as stated only. On the other hand the corporation gets its sole power to live from the law, and therefore, it can act only as authorized by the law. The corporation is a creature of vast power either for good or for evil. It will be for

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