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can be made to the Constitution is to insert the words "On Taxation." We might just as well appoint a committee now as to wait for a whole year.

The President:

The question is on the motion of the gentleman from Indiana to refer this report to the Executive Committee.

The motion to refer was lost.

The President:

The question now recurs on the adoption of the report.
Henry H. Ingersoll, of Tennessee :

I wish to recall the minds of my brother lawyers to the purpose of the American Bar Association as stated in the Constitution "Its object shall be to advance the science of jurisprudence, promote the administration of justice and uniformity of legislation throughout the union, uphold the honor of the profession of the law, and encourage cordial intercourse among the members of the American Bar." I think that we have strayed away from this purpose already too far, and I think we shall succeed better if we confine our discussions to subjects which are declared to be within the province and purpose of our organization. I do not like the efforts which are being made to enter the broad field of general legislation. I do not like the effort that I see to discuss questions of political economy and all other subjects which are not included within the purposes of the organization. Taxation! Think of bringing that subject before us lawyers to discuss every year. What may we not discuss if we are to take up such subjects? I submit that we ought not to add any more committees to our list of standing committees, and that the subject of taxation is one with which the Committee on Uniform State Laws is able to deal-whether they are willing to do so or not. This matter can be corrected only by uniform legislation.

Amasa M. Eaton, of Rhode Island:

In view of the fact that I am a member of this committee, I wish to make a brief explanation. It seems to me that such a

new committee would be strictly within the lines of our work, and it is expressly provided for by the words which the gentleman from Tennessee has read as one of the objects of this Association. There are many questions of taxation. We already have several of them, and some of them are referred to the Committee on Uniform State Laws; among other questions is taxation in one state of property in another state. That is one of the express objects of our Association, and it is therefore strictly in conformity with the purposes for which the Association is constituted that we ask for the appointment of a committee on this subject.

The question was submitted to a rising vote and, failing to receive the necessary three-fourths vote, was lost.

Robert D. Benedict, of New York:

I have an amendment which I desire to propose to the bylaws if it is in order.

The President:

It is in order.

Robert D. Benedict :

I move that by-law XII, the last clause of the third paragraph, be amended by adding the words "and a three-fourths vote of the Association." So that it will read: "No legislation shall be recommended or approved except upon the report of a committee and a three-fourths vote of the Association."

Charles Borcherling, of New Jersey:

I second that motion.

Frank Harvey Field, of New York:

I understand the effect of that amendment will be that there must be both the report of a committee and a three-fourths vote of the members present before any legislation can be recommended. In other words, we will tie our hands tightly in the line of the recommendation of legislation and will not be able to act by a majority. I do not think the gentleman intends to recommend such a thing as that.

The President:

Will the gentleman from New York put his resolution in writing?

William A. Ketcham, of Indiana :

While the gentleman from New York is putting his resolution in writing I would like to ask, Mr. President, if it would be in order to renew the motion to refer the report of the special committee appointed to consider the creation of a Committee on Taxation to the Executive Committee, without first making a motion to reconsider?.

The President:

The Chair thinks not.

P. W. Meldrim, of Georgia:

I take the liberty of moving to reconsider, and for this reason: I think all amendments to our Constitution ought to be referred to the Executive Committee, and I ask the other members of the Association to join in voting to reconsider. The President:

Does the gentleman from Georgia ask unanimous consent? P. W. Meldrim:

I trust there will be no objection made to that course being followed.

Fabius H. Busbee, of North Carolina:

Having voted in the negative on that question, I will make the motion to reconsider, although I am in doubt whether we shall not throw more work on the Association by the creation of an additional committee than we can dispose of in a three days' session.

Edward Q. Keasbey, of New Jersey:

Does not this motion require a three-fourths vote?

The President:

The Chair thinks not.

ried by a majority vote.

A motion to reconsider may be carThe motion is that unanimous con

sent be given to reconsider the vote by which the house refused

to send the resolution of the gentleman from New York (Mr. Sutro) to the Executive Committee.

Ernest T. Florance, of Louisiana:

No, if the Chair will pardon me; the situation is this: You cannot take up the resolution reconsidering the vote refusing it, but you must first reconsider the vote by which the resolution of Mr. Sutro was lost, because otherwise you have nothing to recommit.

The President:

The Chair is ready to receive any motion, then.

William A. Ketcham, of Indiana:

There is a motion to reconsider the action of the Association refusing to refer the report to the Executive Committee.

The President:

But the Chair understands that objection is made.
Ernest T. Florance:

I am perfectly willing to give unanimous consent.
Fabius H. Busbee, of North Carolina:

Of course nothing can be done until something is before the house. The matter having been rejected, nothing is before the house. Having voted with the majority, I move to reconsider the vote by which it was lost with a view to allowing Mr. Meldrim to move to refer the report to the Executive Committee.

P. W. Meldrim, of Georgia:

I second that motion.

The motion to reconsider was adopted.

P. W. Meldrim :

I now move that the matter be referred to the Executive Committee to take its orderly course.

Amasa M. Eaton, of Rhode Island:
I second the motion.

The President:

The question is on the motion of the gentleman from Georgia that the report of the gentleman from New York (Mr. Sutro) be referred to the Executive Committee.

The motion to refer was adopted.

Robert D. Benedict, of New York:

I have now put in writing the resolution which I offered a few minutes ago. I move to amend by-law XII, paragraph 3, by adding these words: "and a two-thirds vote of the members of the Association present at an annual meeting."

Amasa M. Eaton, of Rhode Island:

I second it.

William Righter Fisher, of Pennsylvania:

Is it competent to vote upon an amendment to the by-laws. offered at this meeting of which there has been no previous notice given?

Fabius H. Busbee, of North Carolina:

Mr. President, I move that that resolution be referred to the Executive Committee.

William Righter Fisher:

I second that motion.

The motion to refer was adopted.

Theodore Sutro, of New York:

I hold in my hand a letter from the County Judge of Saratoga County, New York, inviting the Association to meet at Saratoga next year.

The President:

The gentleman will kindly hand the letter to the Executive Committee. That committee fixes the time and place for holding the meetings.

M. F. Dickinson, of Massachusetts :

Mr. President, in view of some very interesting and instructive sentences uttered by the President of this Association in his admirable address, and also in view of what was said by

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