cial Law to deal with it in conjunction with Professor Williston.

The motion was seconded and carried.

William H. Staake: I desire to present the following resolution on the death of Mr. Dale:

Richard Colegate Dale, one of the Commissioners of the Commonwealth of Pennsylvania for the Promotion of Uniformity of Legislation in the United States of America, and a member of this National Conference of Commissioners since the convention held in Denver, Colorado, August 20, 1901, died in Philadelphia on the 22d day of May, 1904, at his suburban residence at Chestnut Hill in said city, aged fifty-one

years.

Mr. Dale was a leader of the Bar of Pennsylvania and a notable man in the community where he has practiced his profession since June 5, 1875. A graduate of the University of Pennsylvania in 1872, he early displayed those qualities which evidenced a well trained mind and a remarkable store of accurate legal knowledge. It was said of him that he was not only a leader conceded by all to be such, but was one to whom the fact of leadership was conceded ungrudgingly and lovingly.

As a counselor and adviser in great financial and commercial operations, he was almost without a peer. He had those virtues and qualities of mind and heart which make a true and noble manhood. Faithful to every trust, earnest, thorough and energetic in the performance of every professional obligation to the court as well as to the client, it has been well said of him that he lived in obedience to the requirements of his religious faith, and its influence was evident in his daily life and conduct, for he was "a man whose conscience was his guide and whose greatest heritage was his confident hope of an eternal life."

The meeting of the Bar of Philadelphia, which convened in the room of the Supreme Court of the Commonwealth of Pennsylvania on May 24, 1904, to take action on the death of Mr. Dale, was a most notable one, both in the eminent character of those who spoke at the meeting and in the unprecedented attendance of the members of the legal profession who united in expressions of grief for the loss sustained and of sympathy for the family of Mr. Dale. Since his death the members of the Bar of Philadelphia have presented to the

Law Association of Philadelphia a life-size portrait in oil of Mr. Dale. The members of this National Conference deplore the death of their distinguished colleague and place upon record their appreciation of his character and worth as a lawyer and as a man. They offer their sincere sympathy to the family and friends of Mr. Dale, and direct that a copy of this minute be sent to his family.

The resolution was seconded and adopted by a rising vote.

Walter S. Logan: I move that the thanks of the Conference be extended to Professor Wilgus for the paper read before this Conference yesterday, and to Dr. Wiley for the address of to-day, and that each of the addresses be incorporated in our proceedings when printed.

William H. Staake: I second the motion.

The motion was adopted.

On motion the subject of a clerk for the Committee on Commercial Law was referred to the Executive Committee with power.

The Executive Committee was authorized to order the necessary printing of the Sales Act, and such other printing as may be necessary for the use of the Conference and its com

mittees.

The President and the Executive Committee were authorized to appear before the proper committee of the American Bar Association and endeavor to secure an appropriation of $1000 or more for the use of the Conference.

Francis B. James: I move that the names of the members of the Committee on Uniform Laws of the American Bar Association be included in our reports, and that those gentlemen be specially invited to attend our Conferences and participate in the discussions.

The motion was seconded and adopted.

The President: I believe there is no further business to come before the Conference.

William H. Staake, of Pennsylvania: In view of the presentation of these different matters to the American Bar Asso

ciation and the action of our committee, as most of us will be in attendance at the meeting of the Bar Association and it might be necessary to summon us together, I think a resolution similar to that which we adopted at Hot Springs last year should be adopted now, namely, that we adjourn subject to the call of the chair if he deems it wise to call us together again during the present session of the American Bar Association. I make that as a motion.

The motion was seconded and adopted.

The Conference then adjourned.

ALBERT E. HENSCHEL,

Secretary.

ADDRESS OF THE PRESIDENT.

BY

AMASA M. EATON,

OF PROVIDENCE, RHODE ISLAND.

Fellow Members of the Conference:

The past year has been one in which but few of the states have had sessions of their legislatures, and consequently it has not been a year in which we could expect the adoption in many states of our Uniform Negotiable Instruments Act. Nevertheless, I have to report that it has been adopted in Kentucky and in Louisiana.

As to Kentucky, it is chapter 102, Acts 1904, approved by the governor March 24, 1904, to go into effect June 13, 1904.

As to Louisiana, it is Act No. 64 of 1904, approved by the governor June 29, 1904, promulgated July 11, 1904, to go into effect at the state capital July 12, 1904, and throughout the remainder of the state August 1, 1904.

In two other states, the Code Commissioners, after examination of our act, and of the reasons for and against it, give me good reason for expectation of its adoption.

In an article on the "Negotiable Instruments Law," published in the Michigan Law Review, Vol. II, January, 1904, since reprinted in pamphlet form, I stated that the earliest action taken looking to uniformity of legislation in relation to bills and notes was the fourth conclusion of the Committee on Commercial Law of the American Bar Association in their

report submitted in 1887. I take this opportunity to say that since publishing that article my attention has been called to a circular sent out August 20, 1886, by the Committee on Correspondence of the Alabama State Bar Association to the secretary of every State Bar Association and of the American

Bar Association. This circular named as the principal subjects calling for uniform laws throughout the United States, questions concerning conveyances of land, attestation of wills, marriage and divorce, and negotiable instruments. The circular dwelt especially upon the desirability of uniformity in legislation concerning negotiable instruments, called attention to the English Bills of Exchange Act, and suggested that it be recommended for adoption to the legislatures of the respective states, and it was printed in full the same year in the transactions of the Alabama State Bar Association.

To this Bar Association and its committee is therefore to be given the honor of the first step taken in this country toward uniform legislation concerning negotiable instruments, and I regret that I did not have knowledge of these facts when I wrote my article.

It is gratifying to find approval of our work by high authority. In an article in XVII Harvard Law Review, 400, on "Recent Progress Towards Agreement on Rules to Prevent Conflict of Laws," by Honorable Simeon E. Baldwin, he says (page 403):

"The inconvenience resulting from a conflict of laws between our states on the subject of commercial paper has of late been largely avoided by the general adoption of the Negotiable Instruments Act, framed by the annual Conference of the States for Promoting Uniform Legislation. It is from the action of this body that the most is to be hoped for in the immediate future in smoothing the way to general agreement within the United States as to matters of private law. Identi cal statutes in different states avoid many questions incident to a choice between different statutes of different states. The existence of this American Conference, as a permanent body, was one of the causes that encouraged the Netherlands to call the first Hague Conference. Its work ought to be forwarded by all who are interested in advancing the unity of American jurisprudence."