REPORT OF PROCEEDINGS OF THE Preliminary Conference AND FIRST MEETING OF THIi Canadian Bar Association, HELD AT MONTREAL, September 15th and i6th, 1896. THE CANADIAN BAR ASSOCIATION. Hon. President— Yion. Sir Oliver Mowat, K.C.M.G., Q.C. President — Hon. J. E. Robidoux, Q.C. Vice-Presidents : Quebec — Hon. T. C. Casgrain, Q.C, M.P., Quebec. Ontario~0. A. Howland, M.P.P., Toronto. Prince Edward Island— lion. Frederick Peters, Q.C, M.P.P., Charlottetown. Nova Scotia — C. Sidney Harrington, Q.C, Halifax. New Brunswick— Hon. Wm. Pugsley, Q.C, M.P.P., St. John, N.B. Manitoba — J. S. Ewart, Q.C, Winnipeg. North- West Territories — Hon. F. W. G. Haultain, Regina. British Columbia — Aulay Morrison, M.P., New Westminster. Secretary — J. T. Bulmer, Halifax. Treasurer — C B. Carter, Q.C, Montreal. Council : Honorary — The Hon. Sir Oliver Mowat, K.C.M.G., Q.C, Minister of Justice. " Hon. C Fitzpatrick, Q.C, Solicitor-General. Ex. Officio — The President, the Vice-Presidents, the Secretary, the Treasurer. Elected — Hon. Sir Charles Hibbert Tupper, Q.C, M.P., Halifax. " F. L. Beique, Q.C, M.P., Montreal. " Hon. F. Langelier, Q.C, Quebec. " D'Alton McCarthy, Q.C, M.P., Toronto. " J. A. Gemmill, Ottawa. " Geo. F. Gregory, Q C, Fredericton, N.B. Hon. D. McNeill, Q.C, Halifax, N.S. " Hon. L. H. Davies, Q.C, M.P,, Charlottetown, P.E.I. CONSTITUTION. Article i — This Association shall be known as the Canadian Bar Associa- tion. Its objects shall be to advance the science of jurisprudence and inter- national law ; to promote the administration of justice ; to secure proper legis- lation ; to uphold the honor and dignity of the profession of the law, and to encourage cordial intercourse among the members of the profession in Canada. Article 2 — Any person shall be eligible to membership in this Association who is a barrister of any Province of Canada, and who shall be nominated as hereinafter provided. Article j — The following officers shall be elected at each annual meeting for the year ensuing : An Honorary President, a President, one Vice-President for each Province, a Secretary, a Treasurer, and a Council, consisting of the President, the V^ice-President from each Province, the Secretary, the Treasurer and eight other members ; of which Council five shall be a quorum. The Minister of Justice and the Solicitor-General of Canada for the time being shall be ex-officio members of the Council. Article 4 — The Council shall be the Executive Committee of the Associa- tion. It shall appoint such committees as it shall deem proper and necessary for tiie cprrying out of the objects of the .Association. All by-laws shall be made by the Council ; shall be reported to the next annual meeting ensuing their adoption, and may be repealed or amended by the Association. Article 5 — Each member shall pay five dollars to the Treasurer as entrance fee, and each year thereafter such annual fee not exceeding five dollars, as the by-laws shall prescribe. Article 6 — The word "province" whenever used in this Constitution, shall be deemed to be equivalent to " Province and Territory of Canada." Article 7 — All members of the conference signing the constitution shall become members of the Association upon payment of the entrance fee. Article i?— Thereafter election of all members shall be made by the Council, in such manner as may be prescribed by by-law. TRANSACTIONS OF THE PRELIMINARY CONFERENCE AND FIRST MEETING OF THE CANADIAN BAR ASSOCIATION, MONTREAL, SEPTEMBER 15TH, 1 896. The meeting of members of the Canadian Bar desirous of forming a Canadian Bar Association was opened at Montreal on the 15th of September, i8q6, pursuant to the following circular : "CANADIAN BAR ASSOCIATION. "It is proposed to hold a meeting ai Montreal on Tuesday, the 15th of September next, at 2.30 p.m., to take the requisite steps to form a Canadian Bar Association. The suggestion came from one of the provincial law societies some months ago, has been endorsed by many of the law societies in Canada, and approved of generally by the profession. The undersigned have been favorably impressed with it, and are of the opinion that an opportunity for a comparison of views and friendly intercourse is needed by the profession, and would be of service in helping to advance the science of jurisprudence, promote the administration of justice and uniformity of legislation, and uphold the honor of the profession of the law in Canada. " This circular is mailed to members of the profession in each province whom it is thought such a project might interest, and whom it is hoped to see at the meeting. "Kindly accept this as an invitation to be present, but in any event com- municate your views on the subject of the proposed organization to J. T. Bulmer, Halifax, N.S., who will submit them to the meeting. " Due notice qi a programme will be given through the press, and efforts are being made to secure the attendance of distinguished visitors. " Montreal, Aug. 27th, 1896." The circular was signed by the following members of the profession : — Hon. Sir O. Mowat, K.C.M.G., Q.C., Minister of Justice, Ottawa ; Hon. Sir Charles Hibbert Tupper, QC, M.P. ; E. L. Newcombe, Q.C., Deputy Minister of Justice ; Hon. J. E. Robidoux, Q.C., Batonnier-General of Quebec ; Hon. J. W. Longley, Q.C., Attorney-General Nova Scotia; B. Russell, Q.C, M.P. ; Hon. Sir Adolphe P. Caron, Q.C, U.P., Ottawa; C. N. Skinner, Q.C, St. John, N.B. ; A. A. Stockton, Q.C, M.P.P., St. John, N.B. ; W. T. Pipes, Q.C, Amherst, N.S. ; M. O'Gara, Q.C, Ottawa ; J. D. Phinney, Q.C, Richi- bucto, N.B. ; J. K. Armstrong ; Mont. McDonald, St. John, N.B. ; Thomas Fortin ; Hon. J. G. H. Bergeron, Q.C, M.P. ; J. A. Gillies, Q.C, Sydney, N.S.; F. H. Chrysler, Q.C, Ottawa ; W. W. B. Mclnnes, M.P., Nanaimo, B.C ; R. Dandurand, Montreal; D. B. MacTavish, Q.C, Ottawa; F. D. Monk; Robert E. Harris, Q.C, Halifax; Arch. MctJoun, Jr., Montreal; J. A. Belyea, St. John, N.B. ; Hon. D. McNeill, Q.C, Halifax, N.S. ; C. F. Mclsaac, M.P., Anti- gonish, N.S. ; Wallace McDonald. Halifax, N.S. ; George G. Foster, Montreal ; EdmundGuerin, Montreal; D. R. Murphy, Montreal; C B.Carter, Q.C, Mont- treal ; D. R. McCord, Q.C, Montreal ; L. E. Bernard, Montreal ; Honore Gervais, Montreal; R. D. McGibbon, Q.C, Montreal; Hon. John S. Hall, y.C , Montreal; R. A. Greenshields, Montreal ; H. Abbott, Q.C, Montreal ; Hon. Wilfrid Laurier, Q.C., Premier of Canada ; Hon. Arthur Dickey, Q.C. ; Hon. Charles Fitzpatrick, Q.C, Solicitor-General ; Hon. L. H. Davies, Minister Marine and Fisheries, Charlottetown; Hon. H.G.JolydeLotbiniere,(2.C. ; D'Alton McCarthy, Q.C, M.P., Toronto ; R. L. Borden, Q.C, M.P., Halifax ; Hon. G. H. Murray, Q.C, Premier, Nova Scotia ; C. S. Harrington, Q.C, Halifax ; N. F. Davin, M.P., Regma, N.W.T. ; A. O. Earle, Q.C, St. John. N.B. ; Hon. Wm. Pugsley, Q.C, M.P.P., St. John, N.B.; A. I. Trueman, St. John, N.B. ; C A. Stockton, St. John, N.B. ; J. A. Gemmill, Ottawa ; J. Lavergne ; T. C Casgrain, Q.C, Quebec ; N. D. Beck, Edmonton, N.VV.T.; H. C. Saint-Pierre, Q.C, Montreal; M. J. Gorman, Ottawa ; M. J. F. Quinn ; L. P. Brodeur ; Hon. F. Langelier, Q.C, Quebec; M. F. Hackett ; Wm. Lount, Q.C, M.P., Toronto; Rodolphe Lemieux, M.P., Montreal ; Hector Mclnnes, Halifax, N.S. ; Fred. T. Congdon, Halifax, N.S. ; H. J. Logan, M.P., Amherst, N.S. ; H. A. Powell, Q.C, M.P., Sackville, N.B. ; Hon. H. R. Emmerson, Q.C, Dorchester, N.B. ; Pascal Poirier; W. H. Bennett; Geo. Mclnerney, Q.C, M.P., Richibucto, N.B. ; H. G. Carroll ; Maxwell Goldstein, Montreal ; J. N. Greenshields, Q.C, Montreal ; A. G. Brown ; J. T. Bulmer, Halifax, N.S. ; O. A. Howland, M.P.P., Toronto ; F. Arnoldi, Q.C, Toronto ; Edmund Bristol, Toronto ; Hon. S. H. Blake, Q.C, Toronto ; C. H. Ritchie, Q.C, Toronto ; W. G. P. Cassels, Q.C, Toronto ; Henry O'Brien, Toronto ; R. H. Bowes, Toronto ; J. A. Mills, Toronto ; H. H. Dewart, Toronto ; C J. Holman, Toronto ; VV. Davidson, Toronto ; S. G. Wood, Toronto ; Geo. Kappele, Toronto ; Jas. Bicknell, Toronto ; J. J. Maclaren, Q.C, Toronto ; Thos. Langton, Q.C, Toronto ; E. Coatsworth, Toronto ; F. E. Hodgins, Toronto ; J. R. Roaf, Toronto ; D. O. Cameron, Toronto ; E. D. Armour, Q.C, Toronto; A. C Macdonell, Toronto; W. E. S. Knowles, Dundas, Ont. ; James Magee, Q.C, London ; R. Bayly, Q.C, London ; J. H. Eraser, Q.C, London ; Geo. C Gibbons, Q.C., London ; E. J. Parke, Q.C., London ; J L. Murphy, Windsor, Ont. ; F. Cleary, Windsor ; A. H. Clarke, Windsor; R. F. Sutherland, Windsor; J. V. Teetzel, Q.C, Hamilton; John Crerar, Q.C, Hamilton; J. W. Nesbitt, Q.C, Hamilton; Mathew Wilson, Q.C, President Western Bar Association, Chatham, Ont. On the meeting assembling in the Court House, there were present a large number of barristers from the different provinces of the Dominion, including delegates from the Law Society of Nova Scotia, the Bar of British Columbia and of several local Bars. The Hon. J. E Robidoux, Q.C, Batonnier-General of the Province of Quebec, and Batonnier of the Bar of the District ot Montreal, called the meeting to order, and requested Mr. J. T. Bulmer, of Halifax, as Secretary of the Committee of the Nova Scotia Bar, which organized the movement, to announce the objects of the meeting. This request having been complied with by Mr. Bulmer in terms corresponding with the circular, Mr. C B. Carter, Q.C, was called upon to lay before the meeting the programme which had been proposed by the Reception Committee of the Montreal Bar for the business and entertainment of the delegates. Mr. Carter announced that by the courtesy of the Sheriff of the District of Montreal, the Hon. R. Thibadeau, a court room and committee rooms in the Montreal Court House had been placed at the disposal of the conference for its sittings, and that the Judges of the Court of .Appeal had adjourned the sittings of that Court for two days to enable the members of the Montreal Bar to take part in the proceedings. Mr. Carter then read the following as the programme arranged by the Montreal Bar, in concurrence with the Mayor of Montreal, R. Wilson Smith, i£sq. : TUESD.W, SEPT. 1 5, 1896. 1. Informal meeting of delegates in Court Room No. i. Court House, at 10.30 a.m., for signature of roll. 2. General meeting of the members at 2.30 p.m., at Court Room No. 1. The Hon. J. E. Robidoux, Batonnier-General of the Province of Quebec, to preside and deliver an address. 3. Drive in the street railway cars throughout the city at 4.30 p.m., as guests of the Bar of Montreal. 4. Attendance at concert at Sohmer Park, 8 p.m , as guests of the Bar ot Montreal. WEDNESDAY, SEPT. 1 6, 1 896. 5. Meeting of members at 10.30 a.m., in Court Room No. i, Court House. 6. Drive to Mountain and lunch as guests of the city, 12 to 3 p.m. 7. Meetmg of members at Court Room No. i, 3.30 p.m., and at 4 p.m., address by the Hon. Sir Alexander Lacoste, Kt., Chief Justice of the Court of Queen's Bench. 8. Visit to Exhibition, 8 p.m. THURSDAY, SEPT. 1 7, 1 896. 9. Trip on steamer in harbor of Montreal at 2.30 p.m., as guests of the Bar of Montreal. ID. Dinner to members of the Bar Association at the Windsor Hotel, Montreal, eight o'clock p.m., as guests of the Bar of Montreal. The programme was unanimously adopted. Mr. Carter then suggested that all those present should register their names, whereupon Mr. Farewell, Q.C., of Whitby, Ont., suggested that this be done by provinces. Sir Hibbert Tupper was opposed to this, and said that in a meeting of this kind all provincial lines should be ignored and they should sign indiscriminately, simply as members of the profession to which they were all so proud to belong. This was seconded by Mr. F. A. Knapp, of Prescott, and unanimously adopted. About 150 of those present then signed the register. AFTERNOON SESSION. Among the visiting barristers were : The Hon. Charles Hibbert Tupper, Q.C., M.P., Halifax, N.S. ; Aulay Morrison, M.P., New Westminster, B.C. ; P. S. Lampman, Victoria, B.C. ; F. A. Knapp, Prescott, Ont. ; Geo. Ritchie, Hali- fax, N.S. ; Hon. Fred. Peters, Q.C., Charlottetown, P.E.I. ; O. A. Howland, M.P.P., Toronto, Ont. ; Hector Mclnnes, Halifax, N.S. ; C. S. Harrington, Q.C., Halifax, N.S. ; Frank Arnoldi. Q.C., Toronto, Ont. ; Hon. William Pugsley, Q.C., M.P.P., St. John, N.B. ; Alexander W. MacRae, St. John, N.B. ; Hon. Daniel McNeill, Q.C., Halifax, N.S. ; J. E. Farewell, Q.C., Whitby, Ont. ; J. A. Gemmill, Ottawa, Ont. ; R. Smith, Cornwall, Ont. ; /Eneas A. Macdonald, Charlottetown, P.E.I. ; R. G. Code, Ottawa, Ont.: J. W. Macdougall, Port Hood, N.S. ; W. C. Languedoc, Q.C., General Secretary of the Bar, Quebec; David Grant, Moncton, N.B. ; R. R. Cromarty, Toronto; J. C. McCorkill, Cowansville ; N. Chauvin, Montebello, Que. ; Aug. Noel, Q.C., Batonnier, Arthabaskaville ; J. C. Noel, Inverness; J. T. Bulmer, Halifax; J. Travers Lewis, Ottawa ; Asa Gordon, Ottawa ; C. H. Cline, Cornwall ; M. J. Gorman, Ottawa; Geo. F. Gregory, Q.C., Fredericton; John A. McGillivray, Q.C., M.P., Toronto; F. R. Latchford, Ottawa; D. C. Eraser, QC, M.P., New Glasgow ; Chas. B. Pratt, Ottawa ; W. H. Barry, Ottawa ; P. N. Martel, Trois Rivieres; Arthur Olivier, Trois Rivieres; L. J. Cannon, A.A.G., Quebec; R. G. Murray, St. John, N.B. ; Geo. E. Kidd, Ottawa ; C. A. Stockton. St. John, N.B. ; J. Shaw, Toronto; Arthur R. Slipp, Fredericton, N.B. Among the members of the local Bar were : Messrs. P. H. Roy, Louis H. Tache, Arthur Globensky, W. J. White, L. G. A. Cresse, A. E. Poirier, Jos. A. Descarries, T. Brosseau, Jas. Crankshaw, A. E. Harvey, Husmer Lanctot, L. T. Marech »1, Peers Davidson, J. M. Ferguson, C. P. Beaubien, H. A. Cholette, Pierre BeuUac, Geo. V. O'Halloran. A. J. Brown, Philip Sheridan, Ernest Pelissier, J. H. Migneron, Joseph Hebert, J. C. Walsh, A. R. Oughtred, F. W. Hibbard, Chas. A. Duclos, S. A. Lebourveau, G. E. Mathieu, Elzear Roy, S. J. Drouin, Elie Maurault, J. O. Drouin, Horace St. Louis, Camille Piche, N. K. Laflamme, Urgel A. Denis, George U. Moffatt, J. Netterville DriscoU, W. Prescott Sharpe, Maxwell Goldstein, L. P. Brodeur, R. Dandurand, Charles Ar. Wilson, Eug. Lafontaine, D. H. Girouard, Edmund Guerin, L. P. Berard, U. Plourde, P. B. Mignault, C. B. Carter, Q.C., C. Archer, Charlemagne Rodier, L. E. Bernard, V. F. Jasmin, G. A. Marsan, Eug. A. Primeau, Albert LeBlanc, Jos. Lussier, C. A. Harwood, W. D. Lighthall, J. F. Dubreuil, H. C. St. Pierre, Q.C, Alexandre Jodoin, L. W. Sicotte, jr., Ls. J. Loranger, R. G. deLorimier, W. A. Weir, P. St. Germain, Hon. John S. Hall, Q.C, J. Brisset, John Dunlop, Q.C, Arch. McGoun, jr., A. Gagnon, P. R. Goyet, V. E. Mitchell, Seth P. Leet, J. A. Perrault, P. A. Begin, Ernest Desrosiers, Alf. E. Merrill, James Kirby, Q.C, Charles M. Holt, Romulus Laurendeau, J. D. Cameron, F. X. Dupuis, J. O. Fournier, J. A. Labelle, H. J. Hague, F. S. Maclennan, Phil. Cousineau, C A. Barnard, N. T. Rielle, R. D. McGibbon, Q.C, Percy C Ryan, L. H. Davidson, Q.C, Alphonse Jacque. At 2.30 p.m. the meeting proceeded to business pursuant to progra,mme, and on motion of the Hon. Sir Charles Hibbert Tupper, Q.C, M.P., Halifax, seconded by O. A. Howland, M.P.P., Toronto, the Hon. J. E. Robidoux. Q.C, Batonnier-General of the Province off Quebec, was unanimously chosen Chair- man of the Conference. Mr. Robidoux, on taking the chair, thanked the meeting for the honour done him and proceeded to read the following address : Gentlemen, Members of the Canadian Bar: This is the first occasion upon which a member of our Bar is privileged and honored with the opportunity of addressing a meeting composed of members of the Canadian Bar, assembled for a common purpose and animated by a common sentiment. The Bar of Montreal feels that it has particular reason to be proud that its brethren in the other provinces should have chosen Montreal as the birthplace of the Association which it is proposed to found. In the name of the Bar of Montreal, and as its Batonnier, I extend to you, its distinguished guests, a most sincere and cordial welcome. The interest and sympathy with which our Bench views the formation of an Association of the present kind, is best attested by the fact that the Coirt of Appeals, the highest tribunal of the Province, has been courteous enough to adjourn its sUtings until Thursday. Had there been no danger that the administration of justice would have suffered, our other judges would also have adopted a similar course, but you can be assured, however, that our proceedings will be watched by them with attention and appreciation. Another pleasant duty now falls to my lot. I am authorized by His Worship, the Mayor of Montreal, to request you, as the guests of the city, to be present on Wednesday at lunch on the mountain. There you will be formally received by His Worship on behalf of the city. One of the most agreeable features of this gathering is that it brings into intimate association men of prominence throughout the country, and that it cannot fail to create friendships to be lastingly cherished. And naturally so. Hitherto we have been acquainted with you only through the place which you occupy in your profession. Henceforth we trust you will, by personal contact, and by our recognition of those qualities which have brought you distinction, become better known, and even more esteemed by us. The acquaintance thus to be formed may be the means of removing certain prejudices which may, perchance, exist, but which, if they do, can be due only to the estranging influences of absence and separation. Inter-com- munion of ideas cannot fail 10 result from enlightened intercourse between men of education animated by enthusiasm for the same studies and the same institutions. Is it too much to expect that good will result, not only to us, but in a wider measure, to our common country, from your deliberations ? Your thought and your speech are agencies second to none in accomplishing great ends, because they will find a deep echo in the breasts of your fellow citizens in your several provinces. It is to be hoped that this meetmg will be followed by many others of a similar kind. And for many reasons. In the various provinces different systems of law exist. Doubtless it is far from our thoughts to suppress any of these individual systems. Each province has a right to rely on its autonomy for the preservation of that law which is best suited to its particular conditions. Just as you would view with impatience any attempt to substitute an alien system for your English common law, so also, the majority of the people of this province would regard with distrust, and even resentment, any attempt to deprive them of the familiar securities of their French common law, which has remained to them through so many vicissitudes and which they regard as the price of their peace, an inseparable part of their birthright. But, on the other hand, there are many laws of general interest, common to the whole country. By the discussion of the requirements of our legisla- tion, and by the study and criticism of existing laws, we will be enabled to conceive and elaborate the necessary additions, amendments and reforms. I refer, amongst others, to our laws in regard to insolvency, bills and notes, crime and criminal procedure. I am inclined to go further and to hold that, in the public interest, certain parts of our commercial law might, without injury to local predilections, be rendered uniform to the advantage of trade and industry. Contracts of insurance are practically the same in all the provinces. Would it not prove beneficial, both to lawyers and their clients, if such contracts were governed in all parts by the same laws ? Prescription and limitation of actions also presents, in my view, a suitable field. The merchant who deals with a resident of another province would no longer be impeded and harassed by doubts and uncertainties, and be obliged to obtain legal opinions from afar at every turn, upon matters where his rights should be self evident. Whether for their good or for their ill — and at present I am not free to declare my personal opinion in the matter — our lawyers are, it must be ad- mitted, irresistibly drawn into politics. I find striking proofs of this fact among this audience, in which I see so many men who have in the past shaped, and who now shape, the political destinies of their native land — men whose names would be found in all our statute books, if it were the custom to add after each statute the signature of its author. Thus, gentlemen, let us trust that our criticism of existing Dominion laws and the discussion of proposed laws, will find ready at their post, parliamentary orators, members of our association, who will plead before the House the cause which ve consider right and just. Gentlemen, I have had occasion to meet many French-Canadian farmers who were neighbors to Scotch, English and Irish farmers, who had immigrated from the other side of the Atlantic, and 1 noticed that nowhere was agriculture pursued in a more intelligent manner, and that nowhere was it attended with greater piosperity. This was due to the fact that the French-Canadian farmer adopted from the farmer of different origin methods new to him, while on the other hand, the Scotch, English and Irish were glad to avail themselves of many of the devices of their French-Canadian neighbors. We are all workers. While the farmer cleaves the dust of the earth, we cleave the dust of ancient tomes. We bairisters of Prince Edward Island, Nova Scotia, New Brunswick, Ontario, Manitoba, the Northwest Territories, British Columbia and Quebec, bestow our intelligence and our labor upon the field of justice. May the cultivation which, for a few days, we shall here pursue side by side, by comparing our various methods, produce a harvest fraught with abundant and beneficial results to our provinces and the Dominion ! Hearty applause followed the reading of Mr. Robidoux's address. J. T. Bulmer, of Halifax, and P. Demers, of Montreal, were chosen as joint secretaries of the meeting. The former read the circular calling the meeting, and letters from signatories of the circular regretting their inabil- ity to be present, also from a large number of members of the Bar in all the provinces of the Dominion, universally approving of the proposed Association. Sir Charles Hibbert Tupper arose and said that when the Lord Chief Justice of England was in Canada, he had remarked that he was extremely sorry that he would not be able to be present at the initial steps taken to form a Canadian Bar Association. He had desired Sir Charles to convey to the members gathered together, his kindest wishes for the welfare and success of the 8 meeting. Further, ne had said that he would like to send an address to be read before the Association at some future time, on subjects of interest to them all. (Applause.) He added that during his next visit to America, which he sincerely trusted would be at no great distance in the future, he would look forward to addressing the members of the Canadian Bar Associa- tion. He had seen for himself what beneficial results the members of the profession in the United States reaped from their Association, and he felt sure Canadians would do the same were they to establish such an association for tnemselves. (Applause.) C. S. Harrington, QC, of Halifax, explained the absence of the Chief Justices of Nova Scotia and Prince Edward Island, and of Attorney-General Longley, of Nova Scotia. R. L. Borden, Q.C., M.P., of Halifax, also read letters from several prom- inent members of the profession, and from the Chief Justice of the Supreme Court of Canada, regretting their inability to attend the meeting. C. S. Harrington, Q.C., as a member of the originating committee of the Nova Scotia Bar, was called upon to explain the aims and objects of the present gathering. He related the steps by which the movement had come to its present position. The idea, though it had only recently taken shape, was not a new one. The opinion among the most prominent law -?rs in the country was that there was need for some cohesive organization of the barristers of the different sections and provinces of Canada, an organization which would represent the entire Bar of Canada, which could speak for the entire body, and make repre- sentations in its name before Parliament itself, if need were. If the Associa- tion effected nothing else, it would at least bring the barristers throughout the country into more intimate connection. No profession needed such organiza- tion as much as did the legal profession. Mr. Harrington dwelt upon the difficulties which at present existed in the procuring of the testimony of witnesses residing in a province adjoining that where the case was entered, and the obstacles which opposed the service of a writ outside the local jurisdiction. He showed what the Association could do in raismg the standard of legal education, in regulating and elevating the standards of professional honor and integrity, and in upholding the disciplinary rules of the profession. Mr. Harrington also showed how mistaken was any idea that the proposed associa- tion would assist one or more provinces to force views with respect to legisla- tion upon any other of the provinces. On the other hand the Association would be an appropriate machinery to bring into operation the 94th section of the B.N. A. Act. There certainly was a large class of questions that could only be dealt with by a central association. They must join forces in order to have a proper effect on the community. He then read the following resolution, which, with certain verbal amend- ments suggested by Messrs. Howland, M.P.P., Borden, M.P., Fraser, M.P., and Bulmer, read as follows : "That the members of the Bars of the several provinces and territories present at this meeting hereby ajjree to form themselves into an association to be known as the Canadian Bar Association." The Hon. F Langelier, Q.C., seconded the resolution. The general feeling among the members of the Bar in Ouebec was decidedly in favor of the formation of a Canadian Association. He ayreed with Mr. Harrington that such an association was needed to deal with a numerous class of tjuestions. He strongly opposed the idea that the rights of any of the Provincial Bars would be in any way affected by the formation of a Dominion Association. An objection had been urged against the movement that provincial rights might be interfered with. He was glad to see that objection disposed of as it had been by Mr. Harrington. As a matter of fact, no provincial rights could be meddled with except with the consent of the Legislature of the Province. There were points in provincial law — such as the law of mortgages — in regard to which we would do well to have uniformity. R. L. Borden, < >.C., M. P., spoke of the desirability of >jreater uniformity in Provincial legislation. The manner to bring it about, was by each province studying the laws of the other provinces and introducing into its own code what it found good and adaptable in the codes of other provinces. Mr. W. C. Languedoc thought that the aims and objects should be defined in the resolution. Hon. Sir Chas. Hibbert Tupper answered that if this resolution were adopted the next step would be the drafting of a constitution in which the objects of association would be defined. M. C. Pich6 and M. P. Demers, speaking in French, expressed apprehension that the movement might be inimical to the legal autonomy of Quebec. Mr. Pich6 suggested that the name be the Barristers' Club of Canada. Hon. C. A. GeofTrion, (2C., M.P., made a speech which aroused enthusiastic applause. .Surely Quebec had no cause tofear uniformity of legislation. Civil lawyers bad many things to learn, and would suggest many things to common law lawyers, and they would be pleased to receive suggestions. The greater the uniformity in legislation the better. Kt ^'inted to the legislative inde- pendence of the States in the Union, which ye '^ ^d a general Bar Association. \Ir. Langelier thought the resolution should not be opposed ; it was simply a .ireamble. Mr. A. Morrison, M.P., of New Westminster, B.C., said that the members of the British Columbia Bar had met more than once to discuss the present question, and any differences of opinion had been entirely overcome when it had been fully considered. He was there to represent the Bar of his province, and he would say that it was completely in favor of forming a Dominion Association. D. R. McCord, Q.C., of Montreal, deprecated any opposition being offered in Quebec to the formation of this association. Quebec had the best laws in the world, and he would be ashamed to have it go abroad to the world that the lawyers of Quebec refused to receive with open arms those common law lawyers who had come to offer to associate with them. He did not want it to be said that they were provincial in any sense. He was strongly in favor of the project of a Canadian Bar Association. As Confederation had made Canada, so the Association would uplift the legal profession of Canada. Mr. J. A. Drouin, seconded by Mr. Calixte Lebeuf, moved that a ballot be taken, on the ground that Quebec Bar elections are conducted by secret ballot. Mr. Raoul Dandurand said that the precedent of Bar elections did not apply to the present resolution. Hon. Horace Archambault moved the adjournment of the vote until to- morrow morning. Mr. Archambault's motion to adjourn, and Mr. Pichft's " Barristers' Club" amendment were voted down by an overwhelming majority. The main motion was carried almost unanimously. On motion of C. S. Harrington, Q.C., the chairman appointed the follow- ing committee to act with himself to frame a constitution and report : C. S. Harrington, Q.C , Halifax ; F. L. Beique, Q.C., Montreal ; L. J. Cannon, Quebec ; O. N. Martel, (^.C, Three Rivers; Hon. U. McNeill, Halifax ; J. C. Noel, Batonnier, Arthabasca ; Hon. F. Peters, Q.C, Premier, P. E. Island ; G. F. Gregory, Q.C , Fredericton, N.B. ; Hon. Wm. Pugsley, Q.C , St. John, N.B. ; (). .A Howiand, M.I'.P., Toronto; J. A. McGillivray, Q.C, M.P., Toronto; Aulay Morrison. MP, New Westminster, B.C.; C B. Carter, Q.C, Montreal ; Frank Arnoldi, Q.C, Toronto ; W. C Languedoc, Q.C. Quebec ; Hon. C A. Geoffrion, Q.C, .\!.i' , Montreal, and the Hon. Sir Charles H. Tupper, Q.C, M.P., Halifax. When the meeting adjourned five street cars were awaiting the members in front of the Court House to take them around the Mountain and to the various points of interest i the city. In the evening the visitors attended the entertainment at -Sohmer Park, as the guests of the .Montreal Bar, the two front seats in the auditorium having been reserved for them. SEPTEMHKR l6— MORNING SESSION, IO.30 A.M. At this meeting the draft constitution was reported by the committee ap- lO pointed for that purpose. Mr. F. L. Beique, Q.C., M.P., moved the adoption, seconded by J. A. McGillivray, Q.C., M.P., and it was unanimously carried. The nine articles are as follows : Article i — This Association shall be known as the Canadian Bar Association. Its objects shall be to advance the science of jurisprudence and international law ; to promote the administration of justice ; to secure proper legislation ; to uphold the honor and dignity of the profession of the law, and to encourage cordial intercourse among the members of the profession in Canada. Article 2 — Any person shall be eligible to membership in this As- sociation who is a barrister of any Province of Canada, and who shall be nominated as hereinafter provided. Arlicle 3 — The following officers shall be elected at each annua! meeting for the year ensuing : An Honorary President, a President, one Vice-President for each Province, a Secretary, a Treasurer, and a Council, consisting of the President, the Vice-President from each Province, the Secretary, the Treasurer and eight other members, of which Council five shall be a quorum. The Minister of Justice and the Solicitor-General of Canada for the time being shall be ex-officio members of the Council. Article 4— The Council shall be the Executive Committee of the As- sociation. It shall appoint such committees as it shall deem proper and necessary for the carrying out of the objects of the Association. All by-laws shall be made by the Council ; shall be reported to the next annual meeting ensuing their adoption, and may be repealed or amended by the Association. Article 5 — Each member shall pay five dollars to the Treasurer as entrance fee, and each year thereafter such annual fee not exceeding five dollars, as shall be prescribed by by-law. Article 6 — The word "province," whenever used in this constitution, shall be deemed to be equivalent to " Province and Territory of Canada." Article 7 — All members of the conference signing the constitution shall become members of the Association upon payment of the entrance fee. Article 8 — Thereafter election of all members shall be made by the Council in such manner as may be prescribed by by-law. Article 9 — The first officers of the A.ssociation shall be elected immedi- ately after the adoption and signing of the constitution, and payment of the entrance fee. After the adoption of the constitution the meeting adjourned to meet at 3.30 p.m. In the interval, on the invitation of the mayor and corporation of the city of Montreal, the delegation enjoyed a drive through the Mountain Park and luncheon on the lookout platform on the mountain. The lovely scenery of the Mountain Park called forth many expressions of pleasure from the visiting members. Presiding at the lunch was His Worship the Mayor, having on his right hand the Hon. J. E. Robidoux, Hatonnier-deneral of the Province, and Mr. Justice Champagne, and on his left Hon Mr. Peters, Premier of Prince Edward Island, Mr. O. A. Howland, M.I'.P. and Mr. J. A. McClillivray, Q.C., M.P., of Toronto At the sumptuous luncheon upwards of two hundred guests sat down. In addition to a profusion of beautiful flowers, a decorative effect was derived from the surroundings that could hardly have been equalled in any other city of the world. The guests saw spread before them, like a splendid tapestry, the city of Montreal and the rich valley of the St. Lawrence extending to the blue mountains on the horizon. The first toast proposed, of Her Majesty, was drunk with great enthusiasm. His Worship then proposed, in a few appropriate wards, the toast of the Canadian Bar .Association, coupling with it the names of Hon. J. E. Robidoux, Hon. Mr. Peters, Mr. Justice Champagne and Mr. O. A. Howland. His Wor- ship thought it peculiarly and particularly appropriate that the Canadian Bar Association should have as its birthplace the metropolitan city of Canada (applause), and be inaugurated under such auspices. He was glad that the II city's invitation had been liberally responded to, and he was happy to give them the most cordial of welcomes. He referred in a pleasant manner to the fact that a member of their profession now occupied the highest position in the gift of Canadians. Mr. Laurier was eminently suited for the holding of such a position, both by his ability and other personal qualifications. His Worship received much applause for his tactful and appropriate speech. Hon. Mr. Robidoux was accorded a warm reception on arising to speak. His address was in French. He emphatically denied thSt the Association was formed with any idea of abolishing the old French laws so dear to all of them, but the reverse, for they would cherish them as much as ever. They were all imbued with the same aspirations, and all their efforts were working towards the same end. This was not the country of the French, he said, nor the English, the Scotch, nor the Irish, it was the country of the Canadians. (Applause.) That mixture of French and English, with their different temperaments, would make at last, he felt sure, the greatest country in the world. (Great applause.) Hon. F. Peters, Q.C., Premier of Prince Edward Island, followed with a brief but hearty acknowledgement of the hospitality of the city and Bar of Montreal. They had come to Montreal fully prepared to engage in a very dry business, but it had turned out to be a most interesting and enjoyable visit. Speaking on the part of the repi sentatives from the Maritime Provinces, they would certainly never forget the courtesies they had received in Montreal. Hon. Mr. Justice Champagne referred in happy terms to the good workthe Association would be called on to do. His graceful address in French was listened to with much interest. Mr. O. .\. Howland referred to the good fortune the Association had in having as its birthplace the metropolitan city of Canada, the enterprise of whose citizens corresponded to the geographical advantages of its situation. The members of the Bars of other Provinces had come to Montreal not to destroy, nor to depreciate, but to see and to learn. English lawyers would not be found despisers of the civil law, nor desirous of its annihilation. They did not forget that in the hami^ of the Church it had carried down through the Dark Ages a spark of civilization caught from the wreck of the ancient Empire. It had illuminated the great equity lawyers of England. The principles they introduced had now, by legislation, become the prevailing rule in what used to be the domain of the common law. Law was becoming more and more the creature of legislation. The code of Quebec itself was the result of an enact- ment. In the future of legislation the system of the civil law, founded upon principle, ought to be consulted with advantage, in preference to a system of law founded upon precedent and accident. English members of the Montreal Bar had assured him of their satisfaction with the civil law of this province. Another object prominently before the Association would be the questions of international law, in which Canada, from her wide political con- nections, through the Empire, and her close neighborhood with the great Power to the south, had a vital interest. He joined with the preceding speak- ers in expressing on behalf of the western delegates their deep and lasting appreciation of the magnificent welcome extended to the conference by the Mayor and corporation of the city of Montreal. (.Applause.) The mayor announcing that they were due at the Court House to receive the Chief Justice, the party returned in the carriages to the Court House. ;\t 4 o'clock .Sir .Mexander Lacoste, Chief Justice of the Court of Queen's Bench, entered the room accompanied by a number of his colleagues, who took their seats on the Bench, the assembly standing to receive them. The other Judges present were the Hon M. M. Tait, Acting Chief Justice of the Superior Court, and Hon. Justices Curran, Doherty, Ouimet, Taschcreau and Loranger. Mr. Robidoux said ; " ("lentlemen, you will now have the pleasure A« 1. ,^ I. r- Montreal; Geo. Ritchie, Halifax, 15 Hector Mclnnes, Halifax ; P. H. Roy, Montreal ; Arthur Olivier, Three Rivers ; P. N. Martel, Three Rivers : Geo. E. Kidd, Ottawa ; R. G. Code, Ottawa ; M. J. Gorman, Ottawa ; H. A. Hutchins, Montreal ; Maxwell Gold- stein, Montreal ; A. J. Brown, Montreal ; yF.neas A. Macdonald, Charlotte- town, P.E.I. ; Fred. Peters, Q.C., Premier P.E.I. , Charlottetown ; A. Falconer, Montreal ; J. A. Gemmill, Ottawa ; W. H. Barry, Ottava ; Ernest Decrosiers, Montreal ; P. Sheridan, Montreal ; R. L. Murchison, Montreal ; Daniel McNeill, Q.C., Halifax, N.S. ; Hon. Wm. Pugsley, Q.C., M.PP., St. John, N.B. ; A. R. Oughtred, Montreal ; W. Herbert Burroughs, Montreal ; J. M. Ferguson, Montreal ; Chas. A. Duclos, Montreal ; J. T. Cardinal, Montreal ; Alf. E, Merrill, Montreal ; C. B. Carter, Q.C., Montreal ; Horace St. Louis, Montreal ; L. Forget, Montreal ; John Dunlop, Montreal ; S. Beaudin, Mon- treal; J. U. Emard, Montreal ; H. Lanctot, Montreal ; G. A. Marsan, Montreal ; Arch. McGouin, jr., Montreal ; F. R. Latchford, Ottawa ; H. C. Ste. Pierre, Q.C., Montreal ; Ernest Pelissier, Montreal ; F. Topp, Montreal ; J. E. Fare- well, Q.C., Whitby, Ont. ; Hon. C. A. Geoflfrion, Q.C., M.P., Montreal ; P. J. Coyle, Montreal ; F. S. Lyman, Montreal ; W. S. Stewart, Charlottetown, P. E.I. ; Edmund Guerin, Montreal; J. B. Abbott, Montreal ; D. R. McCord, Montreal ; S. W. Jacobs, Montreal ; D. C. Robertson, Montreal ; Eug. Lafon- taine, Montreal ; R. G. de Lorimier, Montreal ; Arthur Globensky, Montreal ; Eug. A. Primeau, Montreal ; A. E. Beckett, Montreal ; D. McCormick, Montreal ; F. X. Choquet, Montreal ; H. Abbott, Q.C, Montreal ; A. Gagnon, Montreal. During the two days which followed the close of the general meeting the newly-elected Council held several sittings and passed by-laws providing for the admission of new members and other pressing business. The by-law for the admission of new members provides for election by the Council upon nomination by the Vice-President of the province to which the applicant belongs. The Vice-President in each province is to be assisted by a nominating committee for procuring and advising on applications. An adjourned meeting of the Council is to be held at an early day for the purpose of completing by-laws, nominating committees on various important subjects, and making preparations for the next annual meeting. Though a programme is not absolutely settled, it is probable that the subject of Canada's interest in International Law will be chosen as a leading topic for discussion next year, with particular reference to the practicability of an International Court between the British Empire and the United States. The following form indicates the procedure to be adopted by any member of the profession desiring to become a member of the Association. Form of Application for Membership. To Vice-President for the Province of Sir, — Please propose my name at the next meeting of the Council, for membership in the Canadian Bar Association, to the Constitution of which I hereby sub- scribe. On receiving notification of election I undertake to pay to the Hon. Treasurer an entrance fee of $^, and in each succeeding year, during continuance of my membership, such annual fee, not exceeding $^, as the by-laws may prescribe. Signed Address Dated at : the i8