Mr. Breckenridge and the majority of the committee, that I am in favor today of applying the doctrine of stare decisis and having the Association declare on the faith of the decisions of the Supreme Court of the United States that we shall go no further with federal supervision of insurance. Such is the reason for presenting the resolution which I have introduced. Ernest T. Florance, of Louisiana : Will Mr. Whitelock answer a question? What property right is involved that you appeal to the doctrine of stare decisis? George Whitelock : In view of the relations between the members of this committee and myself, it is hardly necessary to say that I have never had a thought that they were or could be influenced in any way in their conclusions except by the law as they conceived it to be; but unless we have a very clear legal right to make the proposed recommendation to Congress, I think we ought to have nothing to do with the politics of it, but leave the subject to congressional action if Congress should choose to take it up. Henry C. Niles, of Pennsylvania: I move the previous question. The President: The question is on the motion of the gentleman from Indiana. William L. January, of Michigan : I beg the Chair's pardon. The previous question has been moved. The President: The previous question is out of order; its call has never been usual in this body. Ferdinand Shack, of New York: I do not like to have the observation go unchallenged that this is a moot question. The President of the United States, in his message to Congress on December 6, 1904, expressed himself with regard to the vital topic of federal supervision and used the following language: "I urge that the Congress carefully consider whether the power of the Bureau of Corporations cannot constitutionally be extended to cover interstate transactions in insurance." Surely, gentlemen, this is a live question. Surely you need not be told that at this hour there is no subject of greater concern to the American people than that of the conduct and management of insurance companies in recent years. We have further the assurance that the President of the United States looks to the American Bar to keep the people properly informed upon the legal phases of all public questions. Theodore Sutro, of New York: I hope this resolution will be committed to the committee. We have been an hour and a half debating the question whether this resolution shall be referred to this committee. How many hours would be required to settle the merits of the main question which has, by an evasion of the Constitution of this Association, been smuggled before us? I submit that there is other business still to be transacted. I have been stifled myself; I am anxious to make a report from a special committee. The President: The question is on the motion made by the gentleman from Indiana that the resolution of the gentleman from Maryland be referred to the incoming Committee on Insurance. A vote was taken on the question and the result being in doubt a division was ordered, and the motion prevailed by a vote of one hundred and thirteen to twenty-nine. of The President: Now, Mr. Sutro, you may have the floor to present the report your committee. Theodore Sutro: I desire to present the report of the committee appointed upon the advisability of amending the Constitution providing for a standing committee on the subject of taxation. (See the Report in the Appendix.) The President: The Chair would inquire whether there is anything in your report which contemplates a change in the Constitution? Theodore Sutro: Yes, sir, and also in the by-laws. The President: Of course a change of the Constitution requires a threefourths vote. William A. Ketcham, of Indiana: This is an extremely important matter, and I move that the report of the committee and the resolution presented by the report be referred to the Executive Committee with instructions to report thereon at the earliest moment at the next meeting of the Association. J. W. Green, of Kansas: Theodore Sutro: I would like the Association to take into consideration the fact stated in this report that if this motion prevails this important matter will have to remain in abeyance for a whole year, whereas, if the resolution contained in the report is adopted now, this committee will be able to make a report at the next meeting of the Association. An amendment to the Constitution creating a Committee on Insurance Law was carried last year in precisely the same manner as this report suggests, and it is for that reason that I followed that precedent. William A. Ketcham: My practice has been largely along the line of considering these questions, and I think the report ought to go to the committee that will deal with it in a manner commensurate with its importance. Edward Q. Keasbey, of New Jersey: I think we may well refer this matter to the Executive Committee with power. I move, as an amendment, that the report be referred to the Executive Committee with power. Ernest T. Florance, of Louisiana: I rise to the point of order that the Executive Committee cannot be given power to amend the Constitution. Edward Q Keasbey, of New Jersey: I would like the ruling of the Chair on that point, because, if that is correct, I will withdraw my motion. The President: Undoubtedly the Executive Committee cannot change the Constitution, but the resolution which authorizes a change in the Constitution must be passed by a three-fourths vote of the members present. If the resolution goes to the Executive Committee, I take it that they have the power to pass upon the question. The question will, therefore, first be upon the amendment of the gentleman from New Jersey that this matter be referred to the Executive Committee with power. Arthur Steuart, of Maryland: I should like to ask what is the object of referring this to the Executive Committee? The duties of the Executive Committee do not pertain to amending the Constitution, nor have they any power to act upon such a matter. Now, I think it is desirable that there should be a standing committee on this subject. The Executive Committee, while a standing committee, is not a committee to pass upon matters of law reform or recommendations in legislation. William A. Ketcham : I understand this is a resolution which, if the spirit is followed out by a committee-no matter what committee-will result in an amendment of our Constitution providing for an appropriate committee to consider such legislation. That is my understanding of the effect of the report, and I want that question, which is a graver question than insurance law or laws affecting equity jurisdiction in interstate commerce matters, to go to the highest committee that there is in the American Bar Association so that we may wisely prepare an amend ment to the Constitution of this organization which we may vote upon next year and give it a three-fourths majority vote, and not have a report come in here that has to be licked into shape after we get together. Edward Q. Keasbey: My motion was to amend the resolution so as to give the Executive Committee power to provide for that standing committee, but on reading Article X of the Constitution I find that it requires a three-fourths vote, and, in view of that, I do not think the Association can refer it to the Executive Committee with power. I therefore withdraw my motion to amend and ask that we decide the question now. Ernest T. Florance: Referring to the argument that has been made here that by reference to the Executive Committee a timely amendment may be suggested next year, it is utterly impossible to conceive what other amendment could possibly be made except to insert the words suggested in the report of the special committee. The only amendment you can make in order to create a committee on taxation is to insert the word "taxation," and we are to wait for a whole year to have the Executive Committee tell us if what we are to do is the proper thing. It seems to me that is an utter waste of time, and I submit that the critical question is, Do we want a committee to study this question of taxation or not? John C. Richberg, of Illinois: If it is desirable that a committee on taxation should be a permanent committee of this Association, we should pass upon it now; but if the matter is referred to the Executive Committee, we shall have no report for a year. Theodore Sutro, of New York: I hope this will not be referred to the Executive Committee. I think the gentleman from Louisiana has properly stated the position of the matter. There would really be nothing for the Executive Committee to consider. The only amendment that |