until we can see how the new law works, before proceeding further with any such movement specially relating to judicial candidates. Your committee feels that the agitation of the lawyers of this State, in favor of the abolition of the party column arrangement on the ballot in respect to judicial candidates, has had a perceptible influence in cultivating the public sentiment which led to the entire abolition of the party column arrangement, by the unexpected passage of this general law. Your committee, therefore, asks to be discharged. Respectfully submitted, ANSLEY WILCOX, Buffalo, Chairman. J. NOBLE HAYES, New York, ALBERT HESSBERG, Albany, CHARLES L. STONE, Syracuse, ELIHU ROOT, CARLOS C. Alden, HERBERT P. BISSELL, FREDERIC R. COUDERT, HENRY G. DANFORTH, WILLIAM N. DYKMAN, JOHN G. MILBURN, Special Committee. DELANCEY NICOLL, MORGAN J. O'BRIEN, HENRY L. STIMSON, HENRY W. TAFT, FREDERICK E. WADHAMS, EVERETT P. WHEELER, Auxiliary Committee. Ansley Wilcox, of Buffalo: This Committee has been in existence now for two or three years, consisting of five working members. My associates on the Committee were Mr. Hayes, Mr. Hessberg, Mr. Hinrichs, and Mr. Stone, of Syracuse. We had power to add to our number and we added from time to time the names of many distinguished gentlemen all over the State, including yourself, Mr. Chairman, as the result of personal conference, men who approved of the principles we are fighting for and approved generally of our bill but were not able to give detail attention to it and were not consulted always about the details of our report and minor matters that came before us. The names of this auxiliary Committee consisting of twenty or thirty members have been printed in our proceedings as an auxiliary Committee. I move the adoption of the report. The President: Those in favor of the adoption of the report will say aye. The report was duly adopted. The President: Report of the Committee on Law Reform, Judge Clear water. A. T. Clearwater, of Kingston, read the report as follows: REPORT OF COMMITTEE ON LAW REFORM To the New York State Bar Association: GENTLEMEN. Your committee upon law reform submits the following report: In preparation for this year's session of the Legislature it has united with the Association of the Bar of the City of New York, and has submitted to the Legislature: First. The act to amend the Code of Civil Procedure in relation to pleadings which was passed by the Senate in 1910, and in 1912, but failed in the Assembly, which provides that the original or copy of a contract on which an action, defense or counterclaim is founded may be filed and if filed shall be deemed a part of the pleading, and that on demand made by any party the adverse party shall within ten days file with the Clerk of the Court in which the action is pending the original or a sworn copy of any contract, bill or other written instrument specified in the demand upon which an action, a defense or a counterclaim is founded, and that in event the paper be not filed the Court shall have the power to make an order directing that it be filed; that after the filing it shall be deemed a part of the pleading. Second. The act to amend the Code in relation to compelling the testimony of an adverse party upon a trial, which passed the Senate in 1913 and failed in the Assembly, which provides that any party or any officer of any corporation which is a party may be compelled by the adverse party to testify on the trial as if under crossexamination subject to the rules of evidence applicable to witnesses under examination. Third. The act amending the Code in relation to the law of evidence with respect to the books of corporations, which passed the Assembly in 1913, and failed in the Senate, which provides that the books of corporations may be used as presumptive evidence of any act or transaction of the corporation itself, or of any officer, director, clerk or employee thereof, and that if an original book of a foreign corporation or of a domestic bank, savings bank or trust company is not produced at the trial, a copy thereof may be used with like effect as the original, providing the party intending to use the copy gives the adverse party at least ten days' notice of his intention so to do. Fourth. The act amending the Code in relation to motions for new trials upon the Judge's minutes or for judgment notwithstanding the verdict, which has passed neither the Senate nor the Assembly, and which provides for motions for new trials or for judgment notwithstanding the verdict, and that upon such motion the Court may in a proper case instead of granting a new trial direct such judgment notwithstanding the verdict as should have been entered upon the evidence. Fifth. The act amending the Code relative to the direction of verdicts, introduced in both Houses, but never reported, directing that upon a trial by jury wherever the evidence adduced by any party is insufficient in law to sustain a verdict or is insufficient reasonably to satisfy a jury that the facts sought to be proved are established, or is in such contradiction of matters of commoi. knowledge or the laws of nature as to be wholly or in essential parts incredible as a matter of law, the trial Justice shall direct such a verdict as would be proper had such party adduced no evidence. Sixth. The act amending the Code in relation to the effect of a dismissal of a complaint or counterclaim, which passed the Senate in 1910, and failed in the Assembly, and which provides that a dismissal of a complaint at the close of the plaintiff's evidence or at the close of the whole evidence is a final determination of the merits of the action, and bars a new action between the same parties and their privies on the same cause of action, unless the Court shall dismiss without prejudice, and that the dismissal of a counterclaim shall have the same effect. Seventh. The act amending the Code in relation to judgments, which passed the Legislature, but was vetoed by the Governor, which provides that where a judgment is entered in pursuance of an order the Clerk shall endorse upon such order the words "judgment accordingly," with the year, month, date, hour and minute, and shall sign his name thereto, which shall constitute a signing of the judgment. This act is intended to make more certain a definite record of judgments. Eighth. The act amending the Code, which passed the Senate, but failed in the Assembly, relative to the limiting of time in which to appeal, and which enlarges the statute of jeofails by directing that no notice of entry of a judgment shall be invalidated or rendered ineffectual for the purpose of limiting the time of the parties served with it to take an appeal by reason of any informality which shall not mislead the person against whom the judgment is entered. Ninth. The act amending the Code in relation to wills by adding a section thereto to be known as section 2653b, which was introduced but not favorably reported in either House, and which provides that no action shall be brought as affecting any will or codicil of a testator dying on or after the first day of September, 1914, unless such action is brought within one year. |