The motion was then put and carried by 41 in the affirmative to 28 in the negative.

Francis Lynde Stetson, of New York:

Mr. President, I have a motion to make to refer a matter to the regular committee, the Committee on Law Reform. It is a motion on which I wish no action taken, except to refer to that Committee and report next year if they deem advisable. They are on two unrelated subjects and I put them together only for the purpose of economy of time, and if any one wishes them separated, he can do so.

Resolved, That there be referred to the Committee on Law Reform to consider and report to the Association at its next meeting upon the following subjects:

First. Whether, and if so, to what extent, it has now become desirable to repeal the statutory provision permitting arrest in civil cases prior to final judgment therein.

Second. Whether the method of numbering or designating the law reports of this State should be changed so as to be similar to that of the English law reports.

The Chairman:

I will state for the information of the Association that the first matter is treated of in the report of the Committee on Law Reform, and possibly after that has been read you may desire in some way to modify the resolution; that is, the matter of arrest.

Mr. Stetson:

I will withdraw that resolution if it is already reported upon; that is enough.

The Chairman:

Those in favor of referring the matter provided for in Mr. Stetson's resolution will please say aye.

The motion was duly carried.

The Secretary:

I have before me the report of the Committee on Law Reform.

The Secretary read the report of the Committee on Law Reform as follows:

To the New York State Bar Association:

The Committee on Law Reform begs leave to submit the following report and recommendations:

First. At the annual meeting in 1905 Charles E. Hughes, Esq., of New York, read a paper upon "Arrest and Imprisonment on Civil Process." This paper was referred to your Committee on Law Reform for action, and in 1906 your Committee reported that a bill to that effect was introduced during the previous year and received the support of the parties by whom it was originally suggested, but that no affirmative action had been taken by the Legislature in connection therewith. The Committee was then authorized to present another bill to abolish imprisonment in civil actions, which did not become a law. Your Committee recommends passage of the act as drafted and heretofore submitted to the Legislature.

Second. Among the matters heretofore referred to your Committee is the consideration of a paper read before the Association in Association in 1903, entitled, Further Reforms in Procedure," by Edward B. Whitney, Esq.,

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relative to the simplification of pleadings, particularly as to demurrers. Measures have been introduced in the Legislature in recent years, with the approval of this Association and of the New York City Bar Association, amending the Code of Civil Procedure so as to extend the remedy by demurrer, abolish interlocutory judgments upon demurrer, and provide for speedy trial, in the discretion of the Court, if issues of fact, such as res adjudicata, which are capable of separate trial and whose separate trial may terminate at once what might otherwise be a long litigation. These measures have repeatedly been favorably reported in the Legislature, have passed both branches, but never at the same session. This Committee continues to recommend them.

Third. At the last annual meeting a resolution was adopted referring to your Committee for action resolution relative to the investigation of certain matters connected with street railway companies of New York city. Since the session such action was taken by way of investigation as seems to render unnecessary any further recommendation or action by your Committee.

Fourth. Your Committee has also received a communication from a member of the Bar of the State, inclosing a proposed amendment to the Code of Procedure prohibiting a Surrogate or County Judge from practicing his profession during his continuance in such office. It seems to be agreed upon all hands that this would be a desirable reform if it could be brought about, but the matter was thoroughly considered in the Constitutional Convention in 1894, and it was, for various reasons, deemed impracticable; hence, your Committee is unwilling to make any recommendation with regard to the matter.

Fifth. Without, at this time, reporting specific amendments to the Code of Procedure, relative to the matter of of discovery and examination before trial, referred to your Committee at the present session, we recommend that the Association request the Legislature to amend the Code so as to allow a more liberal examination of parties, or prospective parties and witnesses, and discovery of papers before trial, or before the commencement of an action, in furtherance of justice, and thus promote expedition in the disposition of controveries, and so as to harmonize the conflict of decisions on the subject in the Appellate Divisions.

All of which is respectfully submitted.

January 16, 1907.

J. NEWTON FIERO,

Chairman Committee on Law Reform.

Rastus S. Ransom, of New York:

Mr. Chairman, I move the report be accepted.

Frank Harvey Field, of New York:

And that the recommendations be adopted.

Fred E. Ackerman, of Poughkeepsie:

Mr. Chairman, I move as an amendment that these recommendations be printed and a copy sent to each member of the Association and the matter taken up for discussion at the next annual meeting.

E. T. Lovatt, of Tarrytown:

I second the amendment.

The Chairman:

It is moved that the report of the Committee be received and the recommendations adopted. By way of

amendment, and that is the question before the house, it is moved that the recommendations be printed and that the matter be made a special subject of consideration at the next annual meeting of the Association.

Thomas F. Wilkinson, of Albany:

Mr. Chairman, we have not ten thousand years to live. If we have anything good to do, we had better begin doing it. If these recommendations of the Law Reform Committee are worthy, I think that Committee ought to be instructed to proceed to effectuate them by amendment to the Code. We know that the great complaint is that reform is too slow in its progress, and we realize every year more and more that there are many things that ought to be done by way of amendment of the law and the Code of Procedure. It seems to me the Committee ought to be given power to go on and do something. We must do something more than merely discuss the thing here and resolve. It seems to me the recommendations of the Committee are such as have been before the Association for some time, and, the Committee having carefully considered them, we may confidently trust that the Committee has duly considered them and they are worthy of adoption. I am opposed, therefore, to the adoption of the motion of my friend to defer the consideration of these matters for another year.

The Chairman:

I will state for the information of the Association that two of the recommendations of the report have been heretofore made by this Committee and adopted by the Association. The only one which has not been acted upon up to this time was the matter referred to the Committee yesterday.