The session was called to order at ten o'clock by the President. Invocation by Rev. Father Graham, of Sandusky. It was ordered that the report of the Committee on Judicial Administration and Legal Reform be considered section by section. In the absence of Mr. Louis H. Winch, of Cleveland, Chairman, the report of the Committee on Judicial Administration and Legal Reform was presented by Mr. Allen Andrews, of Hamilton. MR. ANDREWS:-The first recommendation which the Committee makes is: 1. That a special committee be appointed to urge before the next legislature the importance of providing by law: (a) That the Supreme Court be empowered to make, alter and amend, from time to time, rules relating to matters of pleading, practice and procedure in the several courts of the State; such rules to supersede the provisions of the code of civil procedure upon kindred matters. (b) That the Chief Justice of the Supreme Court be made the executive head of all the courts of the state, with power to regulate their business, transfer judges for the relief of congested courts, or for any other reason, and, generally, to supervise their business; and that all reports required by law to be made of the business of the several courts of the state, by or to any officer, be filed with said Chief Justice. I move that the recommendation of the Committee be adopted. Motion seconded by Mr. Chester W. Merrill, of Cincinnati. On a viva voce vote, the Chair declared the motion carried. A division being called for, the vote was as follows: Yes, 38; No, 28, and the motion was declared carried. MR. ANDREWS:-The second recommendation which the Committee makes is as follows: 2. That a special committee be appointed to represent the Association in the submission to the people, under Article II, Section la of the Constitution, at the November election, 1916, of an amendment to Article IV, Section 2, substantially as follows: ARTICLE IV. Section 2a. The appellate jurisdiction of the Supreme Court except on constitutional questions, and the appellate jurisdiction of the Court of Appeals, may be enlarged, restricted or modified by law. A substitute has been suggested by one of the members of the Committee, which you will find on the last page, and which is as follows: Mr. Merrill, of the Committee, recommends as a substitute for the amendment proposed to Article IV, Section 2, of the Constitution, covered by Recommendation II above: "That the words 'in cases of public or great general interest,' in the third sentence from the end of said section, be stricken therefrom; and that Section 6 of the same Article be amended to the same effect." I move that the recommendation of the Committee be adopted. Motion seconded by Mr. George W. Ritter, of Toledo. MR. CHESTER W. MERRILL, of Cincinnati:-I submit the substitute and move its adoption. Motion seconded by Mr. Simeon M. Johnson, of Cincinnati. After a lengthy and spirited discussion by many members, a vote on the substitute was called for, which resulted as follows: Yes, 43; No, 48, and the substitute motion was declared lost. A vote on the original motion to adopt the recommendation of the Committee was then taken, which resulted as follows: Yes, 42; No, 57, and the motion was declared lost. Mr. Frank S. Monnett, of Columbus, moved that the Association reconsider its action on Section (a) of recommendation No. 1. The Chair declared the motion out of order because the mover did not vote on the original motion. MR. ANDREWs:-The third subject which the Committee brings before the Association is as follows: 3. That the Association recommends to the next General Assembly of the State of Ohio, the passage of laws requiring jury service of all electors except such as are now exempt by law, and authorizing the courts to discharge jurors after two weeks' service. MR. C. W. MERRILL, of Cincinnati:-I move the adoption of the recommendation. Motion seconded by Mr. Simeon M. Johnson. MR. GEORGE W. RITTER, of Toledo:-I move to amend the recommendation so as to require the judges to discharge the jury after two weeks of service, unless they are continuing in a case that is on trial beyond that period of time. Motion to amend seconded. Motion to amend lost. Motion to approve recommendation of Committee lost by a vote of, Yes, 29; No, 31. MR. ANDREWS:-The Committee now presents its recommendation No. 4, and moves its approval: 4. That the Association recommends to the next General Assembly of the State of Ohio, the passage of a law making it an offense, punishable by fine or imprisonment, or both, for any employer to discharge an employe because he is required to perform jury service according to law. Motion seconded by Mr. Edward C. Turner, of Columbus. Motion carried. MR. ANDREWS:-The Committee now presents its fifth recommendation and moves its approval: 5. Regarding proposed amendments to General Code, Section 1687, relating to change of venue in common pleas court when judge is disqualified to sit, referred back to the Committee at the last annual meeting of the Association, the Committee is of the opinion that no action should be taken at this time, because, if Recommendation 1 should be enacted into law, the matter could be regulated by a rule of the Supreme Court. Motion seconded and carried. MR. ANDREWS:-That completes the report of the Committee, and it is signed by the full committee. Respectfully submitted, LOUIS H. WINCH, Chairman, ALLEN ANDREWS, HUGH E. ALLEN, CARL N. SMITH. MR. JOHN H. PRICE, of Cleveland:-I was present and voted in favor of the motion to approve recommendation No. 1. I now move a reconsideration of the action of this Association in regard to recommendation No. 1. Motion seconded by Mr. U. L. Marvin, of Cleveland. Motion to reconsider recommendation No. 1 was lost by a vote of, Yes, 32; No, 46. THE PRESIDENT:-The names of the new members will now be presented for your action, by the Treasurer. Treasurer Clement R. names of the following Association: Ake, Harvey F.. Bloomfield, Louis.. Brucker, David F. Buchwalter, Jay. Gilmore, of Dayton, presented the applicants for membership in the .Common Pleas Judge, Canton Warren Youngstown Court of Appeals, Toledo . Common Pleas Judge, Wooster .New Philadelphia Dunepace, William Dunn, Harry A.. Fillius, George T.. Semple, Maurice V. Wieser, John Francis. MR. GILMORE:-I move that the rules be suspended and that these gentlemen be admitted to the Association. Motion seconded by Mr. Simeon M. Johnson, of Cincinnati. Motion carried. |