Page images
PDF
EPUB

sure that no one who has listened to the two splendid addresses of this morning will go away without feeling that he has been amply repaid for coming here. He will take home with him a more lofty conception of his country and its institutions and its constitution.

With reference to the young man coming here for the first time and not being made to feel at home, I happen to know a young man who has attended this meeting of the American Bar Association for the first time, and who assures me that he will never fail to attend the meetings in the future. I am quite well aware that my suggestion that we remodel the constitution of the American Bar Association somewhat upon the plan of fraternal organizations is a radical proposal, but all radical proposals are not erroneous proposals by any means. The dues can be collected. The rights of the different states can be protected. Wisconsin can be a section of the American Bar Association. If you fix the dues at $5 or $10, or any other sum, the members will pay into the treasury of the American Bar Association a proportion of it, and the rest of it, whatever they may agree upon, into the treasury of the state associations. It is not impossible for the lawyers of the United States to organize and become a unit. We have the various state constitutions, and we have the federal constitution. Is it impossible for the lawyers of the United States to frame a constitution in which there will be the same dual relationship? As it is now, we are so spread out that the covering of the American Bar Association is very thin in spots and does not cover at all in other spots. We could safely provide for the admission into the state section, and admission into the state section would ipso facto be admission into the American Bar Association. It would be just as it is to be initiated into a fraternal organization in which the local chapter or lodge constitutes membership and fellowship in the greater organization all over the country.

It may not be a good thing to grow rapidly. We who come here year after year find that we get more than we give, and when it becomes generally known that you can come and get more than you give the membership will grow. We are not free from the taint of the age. It is not surprising that in this commercial age

the ideal of the lawyer and the ideal of the profession tends somewhat toward commercialism, and hence it is not surprising to find that very able lawyers are at home attending to their private business while such an intellectual treat as we have here is taking place in St. Louis.

Waldo G. Morse, of New York:

For the information of the gentlemen who have weathered the storm thus far I might say that there has been organized at this present meeting a Section of the American Bar Association which succeeds to the Conference of Delegates from state bar associations, previously existing. Under that organization every association in the country is entitled to send delegates to this Association. Now, that will accomplish much of what the gentleman who has last spoken has in mind.

I might say also that in the meetings of the Conference of Delegates from state bar associations there were presented various reports, one of which was favorably recommended to the effect that it was the opinion of the body that state bar associations should be incorporated; that the membership of the corporations should be co-extensive with the membership of the Bar in the states, and that proper legislation be further drafted for the accomplishment of such end. That step will go far toward obviating the necessity for certain of the proposals made at this meeting.

The Association then adjourned until 8 P. M.

The President:

THIRD SESSION.

Wednesday, August 25, 1920, 8 P. M.

It is the duty of the Chair to announce a change in the program for this evening. Secretary Lane, who was to have delivered an address this evening, is in the hands of his physician and unable to appear.

We are particularly obligated to Lord Cave for his very courteous acceptance of an invitation to take Secretary Lane's place and deliver an address. We welcome Lord Cave to our shores with

a degree of heartiness which cannot find a fit expression in words, but which will be manifested by the appreciation that we show him for the unusual consideration he has extended to us in coming here, leaving the Dominion of Canada for the purpose. It gives me very great pleasure to introduce to you Lord Cave, Lord Justice of Appeal, one of His Majesty's Privy Councillors and a member of the Judicial Committee.

Rt. Hon. Viscount Cave:

Will you allow me first to say how greatly I appreciate the courtesy and the honor which you have done me in asking me to address you this evening? Between those who have the good fortune to have as their life work the study of law there is a special freemasonry all the world over; and this sense of brotherhood nowhere exists in greater force than between British and American lawyers. Our systems of law are different in some respects having a common origin and common principles which are still precious to the liberties of self-governing men. And I trust, indeed, that the cordial relations which exist between the American and the English Bars, founded as they are on mutual understanding and mutual confidence, will never be shaken.

With reference to this evening's proceedings, a short explanation is due to you. When your President, Mr. Hampton L. Carson, communicated to me the wish of the American Bar Association that I should attend your annual meeting, he added that I should be expected to make a short speech at the banquet. I was not equipped with any material for an address; and it was only after I had landed in Canada, unarmed with law books or other juridical ammunition, that by a further letter from your President I was confronted with the more formidable task of giving a formal address at this meeting. In these circumstances you will forgive me if I do not attempt to discuss with you one of those abstruse problems of the law which cannot be attacked without a full and careful investigation of the authorities or solved without a prolonged and serious argument. If I address to you a few words only upon a subject which is in all of our minds, I hope it will be of interest to us all. I propose then in the short time during which I shall claim your attention, to speak to you of the future of International Law.

Lord Justice Cave thereupon delivered his address. (See Appendix, page 181.)

Secretary Kemp:

I desire to announce the names of the new General Council nominated by their respective state delegations. (Reading the list.)

There is no further action to be taken by the Association, the nominations being equivalent to election.

(See list of Members of General Council, page 134.) The Association then adjourned until 10 A. M. August 26.

The President:

FOURTH SESSION.

Thursday, August 26, 10 A. M.

The order of business for this morning's session includes reports from various sections and committees.

Section of Comparative Law:

William W. Smithers, of Pennsylvania:

I desire to report on behalf of the Section on Comparative Law, first, that the Section has been duly organized with the proper officers and Council.

Second, that By-Laws, approved by the Executive Committee of the American Bar Association, have been duly adopted.

Third, that the Council has unanimously resolved that the usefulness of the Section depends upon one issue of the JOURNAL each year being devoted wholly to the work of the Section.

The written report as I have given it in substance will be presented to the Secretary.

Judicial Section:

Charles A. Woods, of South Carolina:

The Judicial Section has the most arduous task of any of the sections, I think, to elicit interest of the judges, and to get them

together. The attendance has been comparatively small at every meeting of the Judicial Section. We are not, however, discouraged by that fact, because the activity of the Executive Committee or of the Section when made known to the judiciary throughout the United States, under the authority of this Association, will receive the attention it deserves and will bring about results which, while perhaps not always obvious, yet are generally good.

We wish to call particular attention to the bill now before the Congress of the United States directing the Supreme Court of the United States to prepare for the federal courts uniform rules of procedure. There is now a statute of uniformity requiring that the practice in federal courts shall conform as nearly as may be to the practice in the several state courts. As I apprehend, there is a feeling of unrest throughout the whole United States concerning practice and procedure. The mind of the Bar and the people is directed to the miscarriages of justice which often occur by reason of the complexity of procedure and practice. I ask the serious attention of the Association and all the members of the Bar to the consideration of that bill. Its importance has not been realized. The argument in favor of it is this: If the Supreme Court of the United States, under the authority of Congress, could formulate rules of procedure and practice in the federal courts similar to the equity rules, it will set up a standard of simplicity which will probably be followed by all the states of the union. Complexity of pleading and practice is due chiefly to inelastic and cumbrous legislation on the subject. The actual application of a few simple rules by the Supreme Court, and the repeal of all the federal statutes on the subject, there is good reason to hope, would result in similar action in the states. Section of Legal Education and Admissions to the Bar:

Charles M. Hepburn, of Indiana :

The Section of Legal Education and Admissions to the Bar has been organized under the Constitution and By-Laws, with the officers and Council called for by the Constitution. The By-Laws, however, have been amended in some particulars.

I wish to recommend in connection with the publication of the JOURNAL a matter on which the officers of the Section are

« PreviousContinue »