USA > Pennsylvania > Montgomery County > Montgomery County, Pennsylvania, a history, Volume I > Part 29
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constitution and rules of the Association against its members, and to report to the Association for proper action.
At the request of the Pennsylvania Bar Association the objects were amended on January 19, 1903, on motion of Mr. Dannehower, by adding as an additional object: "The collection and preservation of the biog- raphy of the Bench and Bar, and the history of the administration of justice in this judicial district." The constitution was further amended so as to provide for a standing committee of three members on legal biography and history, to keep a record of the names of the members of the Association, date of admission to the Bar, name of preceptor, date of death, etc .; to collect and preserve the portraits of all local judges and prominent deceased members of the Bar, and pictures of the court houses and jails; to compile or cause to be compiled, biographies of deceased judges and of prominent resident members of the Bar, and provide for their publication ; to collect and preserve all other historical data pertaining to the Bench and Bar and the administration of justice in this judicial district.
The detailed action of this Association was printed and circulated among the other bar associations of the State by the State Bar Asso- ciation as a model for similar action. For some reason or other, how- ever, this amendatory provision was never enforced. The matters were entrusted to the secretary.
Permanent officers were, on April 14, 1885, unanimously elected as follows: President, Colonel James Boyd; vice-president, George W. Rogers; secretary, Wm. F. Dannehower; treasurer, Henry R. Brown. From the twelve nominees for committee of censors, the following five were elected: B. E. Chain, Charles T. Miller, Joseph Fornance, Louis M. Childs and Montgomery Evans. Of these original officers, two have served continuously up to the present day, 1923: Mr. Dannehower as secretary, and Mr. Evans on the committee of censors. The commit- tee of censors subsequently formulated a code of rules for their government.
Thus originated this Association, which has so splendidly carried out its objects. It has played an important and prominent part in the legal and judicial life in this judicial district. What it has accomplished and how it has carried out its avowed objects, will be treated in the order set down in its constitution. Throughout its existence the Bar Associ- ation has fortunately been called upon in only six instances to exercise supervision over but six lawyers-one who was not a member of the Association, and five who were-because of alleged unprofessional con- duct. The first official action of the committee of censors was taken in 1888, the next in 1889. There were no further cases of this character until 1904, then came another in 1905. There was another lull until 1912, and the last case was in 1920. In all but the latter, there was com-
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plete disbarment ; and in this exception the Court directed a suspension from practise for three months.
At the annual meeting in January, 1888, the Association called the attention of the judges to the records, dockets, indices and files kept in the public offices in the court house, with a view of having proper altera- tions and corrections made therein. This was done by the Court. In July, 1891, a committee interviewed certain court house officials rela- tive to alleged overcharges. Two years later "The Hill officers," at the request of the Association, commenced to keep their offices open con- tinuously from 8 o'clock a. m. to 4 o'clock p. m. In 1898 the recorder of deeds was requested to enter in the deed indices in his office the names of the parties to conveyances of rights of way granted to the National Transit Company, a pipe line, and thereafter transcribe such conveyances in the deed books and properly index them.
Register of Wills Freed, at the request of the Association, inaugu- rated, in 1903, the practice of furnishing certified copies of accounts to interested counsel, free of charge.
The Association, in 1905, requested the committee on revision of the rules of court to draft a rule requiring the prothonotary to give inter- ested counsel notice of the handing down of opinions, etc. Such a rule was formulated and adopted by the Court.
Can an appearance or continuance docket be lawfully kept in the prothonotary's office, and the judgment and execution dockets be aban- doned? For answer, this question was on the 24th of January, 1906, referred to Messrs. Tyson, Childs and Bickel. On January 18, 1909, they reported progress, but never reported finally.
Book typewriters in the recorder of deeds office! That was the next progressive innovation recommended by the Association. This was done at a special meeting held March 29, 1913. It was by no means an easy accomplishment. Book typewriters would reduce the clerical force, and consequently restrict the appointing power of the recorder. But in time these time-, money- and eligibility-saving machines were procured by the county commissioners, and continue in satisfactory use to this day. Then, too, the indices-deed, mortgage, miscellaneous-were faulty and somewhat antiquated. A committee was therefore appointed to investi- gate and report on the present method of indexing in the recorder's office, with recommendations for improvement. Messrs. Emery, Stahl- necker and Hoover were appointed. The committee on May 9, 1913, reported recommending certain changes in the method of index- ing, and were authorized to act in conjunction with the recorder oi deeds and the court. The changes so recommended were considered seriatim on December 29, 1913, and, after amendments, were adopted. The report set forth a full and complete system of indexing which was afterwards adopted by the recorder, and is still in vogue.
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At the annual meeting in 1922 the committee was reappointed and directed to reinvestigate the subject and make report. The report was filed at the April meeting. Messrs. Emery and Stahlnecker favored the White system of indexing, Hoover, the Russell system. The commit- tee was directed to visit the counties wherein the two systems are in use, respectively, confer with Mr. White, Mr. Russell and the judges, and make further report. Each of the two contestants made up one volume each of the letters J, S, deed grantor index, which were exhibited in the recorder's office for examination and comparison of the merits of both systems. The matter at present is at a standstill. The adoption of either system would involve the expenditure of several hundreds of thousands of dollars.
In September, 1918, Messrs. Hallman (Abram D.), Moyer and Knight were appointed to report upon a uniform system of designating papers filed in the prothonotary's office, by term and number. The sys- tem devised and reported by the committee was approved by the judges and was put in force, and has been followed ever since.
The adoption of the one-docket system in the prothonctary's office had been the dream of a few lawyers for a long time. In 1918 the mat- ter was referred to two committees heretofore appointed (on rearrange- ment of terms of court and uniform system of filing papers), compris- ing Messrs. Dannehower, Knipe, Fox (H. J.), High and Wright, and Hallman (Abram D.), Moyer and Knight. No final report has been made. Sentiment upon the subject is divided.
The Association, through Messrs. Emery, Hoover and Stahlnecker, and in cooperation with the county commissioners, procured and framed for preservation in the recorder's office and office of the clerk of courts, the original plan of Norristown in 1853, and had photostats made of the plan ; and also had maps of Pottstown, Norristown, Conshohocken and Bridgeport repaired and mounted. The necessary costs were apportioned between the Association and the county.
At its annual meeting in 1923 the prothonotary was requested to see that the papers handed down by the appellate courts be properly filed so as to make them easily accessible, and better preserved. The Asso- ciation also by resolution brought to the attention of the county com- missioners the overcrowded condition in the recorder's office both as to books and patrons, and the public necessity for more room. At the April meeting the secretary reported that the commissioners contemplated the construction of a gallery on the northwest side of the recorder's office, to be reached by a special stairway so as to afford more room for keep- ing books and records. After discussing the feasibility of spending the public money on piecemeal alterations and enlargements when an exten- sion of the court house was needed, it was unanimously resolved, on motion of Mr. Hendricks, seconded by Mr. Dettra, "That the sense of this Association is that the court house should be enlarged, and that a
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committee of three be appointed to confer with the county commission- ers upon the subject." Messrs. N. H. Larzelere, Montgomery Evans and Abraham H. Hendricks were appointed.
At the April meeting, too, action was taken to prevent an amend- ment or repeal of the Act relative to the resignation and retirement of judges on half or full pay. It was also resolved to give Judge Swartz a complimentary dinner on his resignation and retirement after thirty-six years of continuous and brilliant service upon the local Bench. The fol- lowing were appointed a committee to make the necessary arrange- ments : Dannehower, Dettra, Wright and C. Townley Larzelere.
The acoustics of the three court rooms of the new court house (1904) were very poor and faulty. So was the ventilation. The persistent efforts of the Association to have both defects remedied, so far as pos- sible, by the county commissioners, proved successful.
Through action of the Association by its executive committee, Messrs. Dannehower, Evans (Montgomery), and Miller, the county commis- sioners changed the use of certain small rooms in the second story of the new court house for use by Judge Solly, as working rooms, and by jurors as a coat room ; procured badges for the "court crier" and "court officers ;" and had painted signs put up over the doors of the court rooms, other public rooms and offices, and a sign pointing out the location of the Orphans' Court room.
Legal proceedings against members of the Bar in cases of breach of duty is a subject which has been treated above. As to legal proceedings against officials, it is to be said that no such proceedings were, fortu- nately, ever required.
To facilitate the administration of the law, the Association has been instrumental in having rules of court adopted requiring non-resident members of the Bar to maintain an office in the county, where service can be made on them. In 1889 it put itself on record as opposed to the repeal of the Procedure Act of 1887. In 1890, the Association had adopted by the Court, rules of court providing for pleadings in appeals from justices of the peace; and in 1893 a rule relating to practice on writs of sci. fa., and one relating to the admission to this Bar of mem bers of other bars.
In 1893 the Association recommended to the court the revision, codi- fication and reprint of all the rules of court. The Court appointed Mont- gomery Evans, F. G. Hobson, James B. Holland, Muscoe M. Gibson and Wm. F. Dannehower a committee for the purpose, who reported to the Court the present rules, except wherein since amended.
In 1894 the Association recommended that in settlements of transfer of real estate all taxes should be apportioned from June Ist, road taxes to be based on the rate of the preceding year. This rule was afterwards changed to the present practice. Mr. Chism was instructed to draft a legislative bill amending the Act of May 24, 1888, so as to provide for
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the first Monday of intermediate months between the terms of Court as a return day. The law was so changed.
In 1897 there was recommended to the Court for adoption, rules of Court pertaining to this Bar of members of the bars from other States and other counties in this State, and pertaining to the preliminary examination and registration of law students and a prescribed course of study and text books.
The custom of members of the Bar and others arising and remaining standing during the opening of the Court by the court crier, dates from 1900, when the Association, on motion, resolved to do so. Several years afterwards the members resolved to raise their voices while addressing the Court, sufficiently loud to be heard within the Bar.
In 1904 the Orphans' Court, at the instance of the Association, changed the rule of court requiring adjudications to lie over only ten, instead of twenty days, for exceptions and final confirmation. The Association also approved the suggestion of the recorder of deeds to stamp at the proper places the initials of the Christian names of mort- gagors, assignors and releasors at the top of the pages of the new indices of mortgages and releases and assignment of mortgages.
In 1906 the Association requested the committee on revision of the rules of court to provide for the manner and order of counsel in sum- ming up in civil trials. The request resulted in the present method and rules of court ; and also to draft a rule providing that averments in state- ments of claim not controverted by an affidavit of defense, need not be proven at the trial of the cause. This has since become statute law.
In 1908 at the instance of the Association, the rules of court were amended so that the minimum fee of masters in divorce was raised from $15 to $25, and so that libellants must deposit $15 when the libel is filed and $25 when a master is appointed.
In 1910 the Pennsylvania Bar Association appointed a committee to report upon the subject of abolishing the Superior Court of the State. The local Association on the 16th of January, 1911 (on the report of a special committee that after holding several meetings could not agree to abolishment, and therefore decided to make no recommendation), concluded to take no action.
In 1911 the Association was instrumental, by an amendment to the existing rules of court, in having the time enlarged for filing returns to orders of sale granted by the Orphans' Court. The Association also rec- ommended the filing of papers with the prothonotary or clerk of the courts in open court when the presiding judge was otherwise engaged, for "handing up" the same at a proper time.
In 1911 an effort was made to have more suitable quarters provided for the Orphans' Court. Plans were considered with the county com- missioners, but nothing definitely was decided upon.
At the suggestion of the Association in 1911 it was ordered by the
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Court that Criminal Court convene (except on the opening day) at 9.30 o'clock a. m., instead of 9 o'clock a. m., and at 1.30 o'clock instead of 2 o'clock for the accommodation of jurors and witnesses residing in dis- tant parts of the county.
On December 13, 1911, the Association recommended the adoption of amendments to Orphans' Court rules Nos. 89, 87, 5, 97, 6 and 4, and also a new rule, No. 171/2, as suggested by Judge Solly, of the Orphans' Court, to go into effect January 1, 1912. These rules related to the sales of real estate for the payment of debts, returns to the orders of sale, accounts, and stated courts. At the same meeting the common pleas judges were requested to consider the advisability of adopting a rule of court chang- ing the time for holding court so that one week might elapse between the criminal and civil court for jury trials.
In 1912 the matter of providing more suitable quarters for the grand jury and witnesses to be called before it, was called to the attention of the judges. A committee had previously consulted with the county commissioners and reported to the Association.
Amendments to rules of court Nos. 26 and 130, common pleas, relat- ing to motions for judgment for want of a sufficient affidavit of defense, were recommended to the court for adoption. The amendments were made by the Court.
In 1914 a joint meeting of the Association and of the Montgomery County Medical Society was held, by prearrangement, in the court house, to discuss ways and means for improving expert medical testimony.
In 1915, Messrs. Larzelere (N. H.), Fornance and Hoover were appointed to look after proposed legislation respecting attorneys and legal practice. Two bills were disapproved by the committee.
The same year the Association put itself on record as favoring the renomination and reelection of Justices George B. Orlady and John B. Head, of the Superior Court of this Commonwealth.
On the 15th of January, 1917, Messrs. Dannehower, Knipe, Fox (H. I.), High and Wright were appointed to investigate the statutes and consult the Court with reference to rearranging the sessions of the courts. On the 27th of December following, they reported. The report was considered and discussed, and referred back for further considera- tion with the judges, and to report at the annual meeting. At that time the committee filed an elaborate report. The principal changes recom- mended in the rules of court were an increase in the number of terms of court from four to five; increase in the length of terms to three weeks, or, in some, to four weeks; provision for six weeks of civil court and five weeks of criminal court, instead of four weeks of each court; provision for an interval of one week between the criminal and the civil trial court ; provision for five instead of four argument courts; avoid- ance of the overlapping of the Orphans' Court audits and the sessions of
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Criminal Court; elimination of Civil Trial Court late in June and near the Christmas holiday season; elimination of Argument Court on the first Monday 'of September, before all the lawyers have returned from the summer vacation; adjustment of Trial and Argument Courts so as not to conflict with established sittings of Appellate courts and prep- aration therefor. New rules were suggested also touching notices, reg- istration of attorneys not members of this Bar, pleading and practice, trial, sheriff's sales and liquor licenses. The committee was discharged with a vote of thanks "for their painstaking and satisfactory work." The committee's recommendations were adopted by the Court as rules of court, effective August 1, 1918, which are still in force to the satisfaction of every practitioner and to the people generally.
In 1918 the Association commended the candidacy of Superior Court Justice William D. Porter for reelection, and endorsed the candidacy of Justices Alexander Simpson, Jr., and Edward J. Fox for election to the Supreme Court Bench. The Association, through the Court, had the compensation of masters in divorce raised from $25 to $50. Mr. Hall- man (Thomas) was appointed to draw an amendment to the Act of 1903 relating to the quieting of titles.
In March, 1923, for the first time all divorce cases were heard on Tuesday morning of Argument Court. This practice of the Court was brought about by the Association "for the sake of economy of time." "In the interest of public morals" the Association requested the Court to impound the records of divorce cases, "access thereto to be had only by special order of a judge." The object was to keep the reports of masters in divorce out of the hands of newspaper reporters and the detailed and sensational "write-ups" out of the local daily newspapers and from the sight of the public, young and old. Some of these articles were not fit to print. While the Court in a lengthy opinion refused to impound the papers in divorce cases, it deservedly scored the publica- tion of the oftentimes disgusting details of these cases over display headlines.
Delegates to annual meetings of the American Bar Association have been as follows: 1893, B. E. Chain; 1916, N. H. Larzelere; 1917, N. H. Larzelere, Judge John Faber Miller, alternate; 1918, N. H. Larzelere, H. I. Fox, alternate.
The first attempt to have women admitted to the Bar was made October 14, 1893, by Mr. Knipe, who introduced a motion that the Asso- ciation recommend to the Court the immediate adoption of an additional rule of court under "Attornies," as follows: "Women shall be registered as law students and admitted to practice as attorneys of this court upon the same terms and conditions as men; and all existing rules of court under this head, as well as all hereafter to be passed, shall apply equally and without discrimination to both sexes."
After discussion and amendments, the question was referred to a
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special committee consisting of Chas. Hunsicker, N. H. Larzelere, F. G. Hobson, Walter S. Jennings and J. A. Strassburger, for consideration and report. This committee was discharged January 15, 1894, after the chairman reported that no meeting of the committee had been held, and that the committee had no report to make on the question. One year thereafter, Mr. Hunsicker, who had been the chairman of the special committee which filed no report, moved that "we deem it inexpedient to permit women to practice at the Bar." The motion was carried, 18 ayes, 9 noes. The nine ladies' champions, who later won out, were Hen- dricks, Kane, Styer, Egbert, Strassburger, Brownback, Jennings, Jen- kins and Dannehower. The secretary was instructed to communicate the result of the vote to the Court, which was done.
Subsequently the Court decided that women were eligible for admis- sion to the Bar, and admitted Miss Margaret Richardson (afterwards Mrs. Irvin P. Knipe), on September 5, 1898, who, on February 2, 1899, became the first female member of the Association, being also the first woman admitted to the Montgomery county Bar. Her membership in the Association was followed by that of Lelia Jenkins, on June 28, 1902, Miss Emeline Henry Hooven, on June 28, 1921, and by that of Miss Rebecca McI. Roberts, on January 30, 1922.
That the judges while sitting on the bench should wear long silk gowns for the purpose of adding dignity to the office and to the proceed- ings, has always been the opinion of a considerable number of members of the Association. In 1900, Mr. Knipe procured the sense of the Asso- ciation "that the judges wear black gowns while on the bench." The judges declined to do so. Mr. Dannehower revived the subject, on Jan- uary 16, 1905, by having his motion adopted that the judges be requested to wear black silk gowns while presiding in court. The judges promised to give the matter "careful consideration." They did, but decided adversely. Gowns were never thereafter adopted by the local judiciary, nor was the proposed innovation again adverted to by the Association.
The subject of portraits of judges was first agitated at a meeting held on July 13, 1895-the procurement of portraits of former judges on the local bench. Messrs. Wanger, Evans (Montgomery), and Chism were appointed a committee to ascertain the probable cost. Shortly there- after a large photograph of Judge Ross was framed by the Association and hung in the law library. On January 20, 1902, Colonel Boyd, presi- dent of the Association, through the secretary, presented the Association with a framed group photograph of the members of the Bar, including the judges in the center of the group. The picture was received on behalf of the Association by Mr. Rogers. It is hanging in the law library.
On January 16, 1905, Jenkins, Miller and Larzelere (N. H.) were appointed a committee to confer with the law library committee and the county commissioners relative to procuring oil paintings of past and present judges, to be hung in the new court house. The committee pro-
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cured a portrait of Judge Boyer as a gift from his son, Henry C. Boyer, Esq., of the Philadelphia Bar. On January 22, 1906, the committee reported progress, and afterwards died a natural death.
The subject was again brought to the surface on January 18, 1915, when Messrs. Jenkins, Tyson and Dannehower were appointed a com- mittee to inquire into the practicability of getting portraits of deceased judges of our courts for Court Room No. I. A year later the commit- tee reported they had failed in securing any portraits, even from the fam- ily of the late Judge Weand. The matter seems impractical at this late day. Besides, the cost would run into thousands of dollars.
The present enlarged court house was dedicated May 24, 1904. Montgomery Evans, John W. Bickel, Jacob A. Strassburger, Wm. F. Dannehower and Theodore Lane Bean were appointed a committee of general arrangements, in conjunction with Judges Swartz, Weand and Solly, and the three county commissioners and their solicitor, for the dedi- cation of the new court house, with full power to act. The Association took charge of the entertainment of guests from beyond the limits of the county attending the services, who were members of the legal profes- sion, and also of the attending chief executive officers of the Common- wealth. They were entertained at Stritzinger's with a bountiful repast. The expenses were $312.25, which were paid by fifty members of the Association. Preparations had been made to entertain 175 guests.
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