SIXTH SESSION.

Friday, September 2, 10 A. M.

Hampton L. Carson, of Pennsylvania, presided.

The Chairman:

The Association will please come to order. The Secretary has some announcements to make.

The Secretary:

There is now in the office of the Secretary the third and final edition of the names of persons registered at this meeting. I am sure that it does not include everybody that is here. We want to say that this meeting at Cincinnati has been the largest in the history of the American Bar Association, and therefore we wish everyone here to register.

The Treasurer, Mr. Wadhams, asks me to call your attention to the dinner tickets which are still on sale, and also to repeat the announcement that in view of the condition of the weather, gentlemen are not expected to wear dress suits.

There will be two meetings of the newly elected Executive Committee: One at four o'clock this afternoon, and the other at nine o'clock tomorrow morning in parlor F, Hotel Sinton. All Chairmen of committees desiring to appear before the Executive Committee and ask appropriations for the coming year are requested to be present.

The Chairman:

I take pleasure now in introducing Hon. Charles S. Whitman, of New York, who will deliver an address to us on the subject of "Unenforceable Law."

Charles S. Whitman, of New York:

Mr. Chairman, members of the American Bar Association, ladies and gentlemen: As those of you who have followed the program know, I am here in a substitute capacity. Mr. Fosdick had arranged to occupy the platform at this session. He was unable to be here and I was invited to come. Mr. Fosdick is in no way responsible for what I shall have to say, although I have consented to take his subject and speak briefly upon it. I, myself, would hardly have chosen that particular subject, for the

juxtaposition of those words is very disagreeable to me, and from my own experience and observation, I do not believe there is any such thing as unenforceable law.

Mr. Whitman then delivered his address.

(See Appendix, page 260.)

The Chairman:

The next paper is entitled the "Illegal Enforcement of Criminal Law," and will be presented by Luther Z. Rosser, of Georgia.

Mr. Rosser then delivered his address.

(See Appendix, page 266.)

The Chairman:

The next paper is on "The Adjustment of Penalties," by Judge Marcus A. Kavanagh, of Illinois.

Judge Kavanagh then delivered his address.

(See Appendix, page 285.)

The Chairman:

The Chair will recognize Senator Spencer of Missouri.

Selden P. Spencer, of Missouri:

I have heard from Mr. Walter George Smith and from Mr. C. A. Severance of the matter about which I wish to speak to you for a moment and that is, that the grave of Salmon P. Chase, in the cemetery of Cincinnati, is unmarked. This morning I went out to verify the truth of the report which they had made, and I found that with the exception of a small footstone level with the ground, the grave of Chief Justice Chase is unmarked.

He was Governor, Senator, Secretary of the Treasury, and Chief Justice of the United States. It has been said that the United States cares nothing about the men who have given their lives to its service. You and I know that this is untrue, and, with your permission, Mr. President, I move that the matter about which I have spoken be referred to the Executive Committee for such action as in their judgment may be deemed

wise.

The motion was seconded and carried.

Committee on Uniform Judicial Procedure:

Thomas W. Shelton, of Norfolk, Va.;

Mr. Chairman, our committee has no action to propose to the Association officially, but we do want you to get in touch with our work and what we have been seeking to accomplish. We recommend:

(1) That every member of the Bar Association will immediately communicate with his Senators and Congressmen requesting a prompt report of H. R. 2377 from the Committee on the Judiciary of the House and the same bill introduced by Senator Ernst in the Senate at the present session of Congress. A majority is assured. It is only necessary for the committees to report.

(2) That such state bar associations as have not already done so, be respectfully requested to create state committees with a central chairman and a member from each congressional district to cooperate with your committee in carrying out the instructions of this Association. A form of the resolution will be found as an appendix to our report.

(3) That these state committees shall function by instituting independent campaigns with reference to their own Senators and Representatives in Congress and otherwise, according to their good judgment. (4) That this committee be continued.

The Chairman:

Unless there is objection, the committee will be continued.

W. B. Swaney, of Chattanooga, Tenn.:

I move that the three addresses that we have heard at this meeting, and also the address of James M. Beck, be referred to a Special Committee of five members, which committee shall be appointed by the President, to study the subjects thereof and to present at our next meeting what they deem proper to be adopted as the sense of the American Bar on these subjects. The motion was seconded and carried.

William O. Hart, of Louisiana:

I beg leave to present the following resolution and move its adoption by this Association:

Cincinnati," the Queen City of the West," well deserves its title in connection with the forty-fourth annual meeting of the American Bar Association for the hospitality shown our members and for the spirit of good fellowship which predominated throughout our entire sessions.

The vice-mayor of the city, Carl M. Jacobs, Jr., who greeted us at our opening meeting, we thank for his cordial words of welcome, which were more than made good from day to day, and especially do we. thank the committee of the ladies of Cincinnati, headed by Mrs. George Hoadly, for the entertainments provided for the ladies attending the meetings of the Association; for not a moment were their wants and

desires overlooked and the many surprises prepared for them will ever be "red letter" events in their lives.

To the management of the Sinton Hotel and the Gibson Hotel for the splendid accommodations provided for us.

To the press for its graphic and complete accounts of our meetings. To the social clubs for opening their doors to our members, to the Ohio State Bar Association, the Cincinnati Bar Association, the Montgomery County Bar Association, the Cincinnati Chamber of Commerce, the manager of Keith's Theatre and the Surety Companies represented in Cincinnati, our individual and collective thanks are due for courtesies extended and the attentions shown us too varied and extensive to enable us to particularize.

We request the Chairman of the Local Reception Committee to convey this feeble expression of our thanks to all we have named and any others we have inadvertently omitted, and we leave Cincinnati with the feeling that nothing has been left undone to make our stay pleasant and agreeable.

E. A. Armstrong, of New Jersey:

I desire to second the adoption of these resolutions, and may I add that I am sorry the warmth of our reception was not included in the resolutions.

The motion was then carried.

W. O. Hart:

I present the following report of nominations for officers of the Association for the ensuing year:

For President: Cordenio A. Severance, of St. Paul, Minn. For Treasurer: Frederick E. Wadhams, of Albany, N. Y. For Secretary: W. Thomas Kemp, of Baltimore, Md. For members of the Executive Committee: Hugh H. Brown, of Tonopah, Nev.; T. C. McClellan, of Montgomery, Ala.; John B. Corliss, of Detroit, Mich.; John T. Richards, of Chicago, Ill.; William Brosmith, of Hartford, Conn.; S. E. Ellsworth, of Jamestown, N. D.; Thomas W. Blackburn, of Omaha, Nebr.; Thomas W. Shelton, of Norfolk, Va.

I move you, sir, that our report be received and the nominees be declared elected to the respective offices for which they have been named.

Charles Thaddeus Terry, of New York:

I second the motion, and ask that the Secretary be instructed to cast one ballot of the Association for the gentlemen named.

The motion was carried and the Secretary reported that the ballot as directed was cast.

The Chairman:

I declare the gentlemen named duly elected to the respective offices of the Association for the ensuing year, and I will appoint John Lowell, of Massachusetts, and R. E. L. Saner, of Texas, as a committee to escort the newly elected President to the platform.

(The committee appointed to escort the President-elect to the platform performed their duty and presented Mr. Severance to the audience.)

President-Elect Severance:

I cannot say that I am entirely surprised by the announcement that has just been made, for certain revelations have come from the executive session of the Council that have in a way prepared me for it. Believe me when I say to you that it is difficult for me to control my emotion as I thank you for the great honor conferred upon me. I appreciate it more than any official position that could be given to me, because it comes from my brethren at the Bar with whom I have lived and worked for nearly forty years. I am very sorry that my dear friend William Alexander Blount is not here to present me to you as his successor. He was a lawyer of distinction and a kindly-hearted gentleman. I served with him in the Conference of the Commissioners on Uniform State Laws, and on Committees of this Association. I knew him intimately and learned to love and admire him very much. It is a great loss that we have all sustained, and it is peculiarly a misfortune to the new administration that we cannot have the benefit of his counsel in performing the duties that will devolve upon us during the coming year.

The Chairman:

What is the further pleasure of the Association?

Joseph R. Edson, of Washington, D. C.

Mr. President, I wish to file with the Secretary some resolutions and ask their reference to the Committee on Patent Law with instructions to report upon them at the next annual meeting.

The President:

The resolutions may be so filed.