Franklin M. Danaher, of New York:

Mr. President, I call for the special order of the day.

Theodore Sutro, of New York:

Before that is taken up, may I read a very short report from the committee appointed on amendment to the Constitution? Franklin M. Danaher:

Will it give rise to any debate?

Theodore Sutro:

I do not think so.

The President:

Of course, if no objection is made, the report of the gentleman from New York may be presented now, otherwise it will have to go over to the order of unfinished business.

Franklin M. Danaher, of New York:

I think I must object to the consideration of the report at

this time.

The President:

Then the special order is before us, which is the report of the Committee on Insurance.

Ralph W. Breckenridge, of Nebraska :

Mr. President and gentlemen: On behalf of the majority of the Committee on Insurance Law, I move that its report be referred to the committee for the ensuing year with instructions to present for the consideration of the Association in a supplemental report a draft of such bill or bills as shall embody the views of the committee upon any measures that may be introduced in Congress relating to the subject of insurance or the regulation of companies transacting the business cf insurance.

I make this motion at this time because it is perfectly manifest that in the limited time left today the Association cannot carefully and properly consider the very grave questions which are raised by this report, and also in view of the fact that the report has only been printed and distributed about ten days.

Ferdinand Shack, of New York:

I second the motion.

James Hagerman, of Missouri:

May I ask the gentleman from Nebraska a question?

Ralph W. Breckenridge:

Certainly.

James Hagerman :

Does not a rule of the Association preclude the consideration of any report which has not been printed and distributed at least fifteen days before the meeting?

Ralph W. Breckenridge:

It was with a view of gracefully getting out from under what I presumed would prohibit the consideration of the report at this time under a strict construction of the by-laws that I made this motion.

Aldis B. Browne, of the District of Columbia:

I would offer an amendment to that motion to the effect that the report be recommitted to the committee with instructions to report on the subject at the next meeting of the Association, because I certainly do not think it is fair to the opponents of the measure presented in the report of the committee to vote upon it until we have had an ample opportunity to consider it.

Ralph W. Breckenridge:

If the gentleman from the District of Columbia noticed the language of my motion, I think he would not have made his suggestion, because my intention was to present the motion in such shape that it would not involve the expression of any opinion by the Association at this time regarding the merits. of the report. My motion, as I put it, was this: On behalf of the majority of the committee, I move that its report be referred to the committee for the ensuing year with instructions to present for the consideration of the Association in a supplementary report a draft of such bill or bills as shall embody the views of the committee upon any measures that

may be introduced in Congress relating to the subject of insurance or the regulation of companies transacting the business of insurance.

William R. Vance, of Virginia :

I am opposed to the motion of the Chairman of the committee for this reason, which seems to me a very pertinent one. We do not want the attitude of the Association to be misunderstood upon this great question, which the majority of the committee have recommended, as appears at page 25 of their report: "Legislation by Congress providing for the supervision of insurance." Now, if this motion prevails, the result will be that the country will suppose that this Association desires reported to it a bill in extenso recommending national control of insurance. I am of the opinion, and I believe the opinion is shared by a majority of the members of this Association and of the lawyers of the United States, that such legislation would be absolutely null and void and would violate the Constitution of the United States. Therefore, it seems to me that to refer this matter, as contemplated by this motion, will be to allow the impression to go out to the public that this Association looks upon the subject as an unsettled matter and regards it as desirable that such a bill should be introduced in Congress, or, at least, brought before the American Bar Association, and undoubtedly the impression would be gained that the opinion of this Association was that such legislation would be proper and constitutional. Furthermore, if this motion prevails it will impose upon the committee the burden of preparing an act to carry out the recommendation of the committee, which is a bill for the national control of insurance, and would require the working of this committee at an expense to the Association both of time and of money, and all done in an effort to frame a bill which in the end, I believe, would be declared absolutely unconstitutional. Therefore, I am opposed to the motion. We should have time to consider this important question. We do not want any snap judgment on it. It should be thoroughly debated, and that would be impossible

under the circumstances here today. If it is the will of the Association that the subject pass over for another year so that it may be thoroughly and fully investigated, I shall have no objection, but I do object to passing a motion in this form which will create the impression throughout the country that the American Bar Association thinks such legislation necessary or desirable.

Henry C. Niles, of Pennsylvania:

I desire to insist upon the point of order that was made by some gentleman a few moments ago that this report is not properly before the Association, and that therefore it should be recommitted to the committee for further consideration and report next year. Under the by-laws, section XII: "All committees may have their reports printed by the Secretary before the annual meeting of the Association; and any such report, containing any recommendation for action on the part of the Association, shall be printed, together with a draft of bill embodying the views of the committee, whenever legislation shall be proposed." It does not seem to me, however complimentary we desire to be to the majority of the committee, that we ought to evade a by-law in such a manner as is proposed. I think the proper thing to do is to recommit this report to the committee, and I make that motion.

George Whitelock, of Maryland:

I second that motion.

The President:

For the information of the Chair, I desire to ask the Chairman of the committee whether the majority report of the committee suggests any legislation?

Ralph W. Breckenridge:

It certainly does, sir.

Henry C. Niles :

And my point of order is that under by-law XII it cannot be considered at this time.

The President:

The Chair understands the point of order of the gentleman from Pennsylvania to be that the report recommends certain legislation, but does not contain a draft of the bill embodying the proposed legislation. The gentleman does not make the point that the report has not been printed in time.

The Secretary:

Mr. President, the Secretary would state that the report was printed and deposited in the mails at least fifteen days before the opening session of this meeting.

Franklin M. Danaher, of New York:

I do not understand the gentleman from Pennsylvania to make the point of order that the report was not printed in time; that is not his point, but his point is that it does not contain a draft of the bill embodying the legislation that is proposed.

Ferdinand Shack, of New York:

By way of elucidation, Mr. President, let me say this: I have the recommendations right before me now. The first recommendation is that there shall be legislation by Congress providing for the supervision of insurance. The second recommendation is the repeal of all valued policy laws. The third recommendation is a uniform fire policy, the terms of which shall be specifically defined. The fourth recommendation is the repeal of all retaliatory tax laws. The fifth is stricter incorporation laws in the several states as they affect the creation of insurance companies, and a federal statute prohibiting the use of the mails to all persons, associations or corporations transacting the business of insurance in disregard of state or federal regulations. Now, there is not a bill of any sort embodying the views of the committee presented by the

committee.

George Whitelock, of Maryland:

Will the Chair pass upon the point of order that has been raised?