The motion was seconded and adopted. The President: Nominations of new members are in order. New members were then elected. (See List of New Members.) The President: It has been suggested that some states have members present who are not represented on the General Council. It is quite important that all of the states that have representatives here should be so represented. Therefore, if any gentleman will nominate some one from some of these states that have been omitted, he will confer a favor upon the Chair, and it will be in order. James M. Austin, of North Dakota : For North Dakota, I would nominate W. H. Thomas. The President: Are there any other nominations? If not, Mr. Thomas will be considered as the representative of North Dakota. Irving F. Baxter, of Nebraska: The member from Nebraska is absent, and I nominate James M. Woolworth to represent Nebraska. The President: If there is no objection, that nomination will stand confirmed. The Chair finds it necessary to appoint some special committees, and will ask the Secretary to read the list of committees, namely, Committee on Auditing, Committee on Publications and Committee on Reception. The Secretary: The following gentlemen have been named by the President to constitute these committees : COMMITTEE ON AUDITING TREASURER'S REPORT. S. S. P. Patteson, of Virginia. Chapin Brown, of District of Columbia. COMMITTEE ON PUBLICATIONS. Edward Q. Keasbey, of New Jersey. Henry Budd, of Pennsylvania. Lunsford L. Lewis, of Virginia. COMMITTEE ON RECEPTION. Henry St. George Tucker, of Virginia. Selden P. Spencer, of Missouri. J. Nota McGill, of District of Columbia. F. C. Dillard of Texas. Francis B. James, of Ohio. The President: Gentlemen, you have heard two very interesting papers read this evening. According to our By-laws the subjects treated of in these papers are now open for discussion. W. H. Mackoy, of Kentucky: I merely want to say that the Court of Appeals of Kentucky has already recognized, in a very recent decision, that which Mr. Eaton says he thinks should be done. In the case of Thomas vs. City of Lexington, which was a case as to the propriety of the legislature's fixing the salary of a policeman, although there was nothing in the constitution prohibiting it, the court held that municipalities had certain rights independent of the constitution. I desire to state this fact so that Mr. Eaton may know that one of the courts in this country had already adopted the view which he has advocated here tonight. The Association then adjourned to Thursday morning at 10.30 o'clock. SECOND DAY. Thursday, August 28, 1902, 10.30 A. M. The President called the meeting to order. The President: Gentlemen of the American Bar Association, I take pleasure in presenting a gentleman who needs no introduction to the American Bar-the Honorable John G. Carlisle. John G. Carlisle, of New York, then delivered the Annual Address. (See the Appendix.) The Secretary: The General Council reports favorably on the election of the following new members. New members were then elected. (See List of New Members.) The President: The report of the Committee on Jurisprudence and Law Reform is now in order. Is the committee ready to report? P. W. Meldrim, of Georgia, then read the report of that committee. (See the Report in the Appendix.) William L. Taylor, of Indiana: Mr. President, I rise to state that I cannot agree with the report of the committee because it does not recommend anything on the subject of the revision of the civil and also of the criminal code of the United States. It seems to me that we lawyers owe it to ourselves and to the country to recommend something in the way of such revision. It has been twentyeight years since anything was published in the way of revision of these codes, and this Commission has been working for years, and, I think, it is universally admitted that they have not done well. Now I think this Association ought to recommend something to the committees of Congress. We need a revision of all the laws-certainly, a revision of the criminal code for the regulation of our federal practice. All that was said last night by the distinguished jurist of England can be expressly directed to the criminal code of the United States. We need this revision now-not years hence, and this great body ought to take positive and decided action upon the subject and call it to the attention of the committees of Congress. I think a committee ought to be appointed by this body for that purpose, clothed with power to present something to Congress when it meets next winter. We need an entire revision of the civil laws so that whether the laws are good or bad, they can at least be clearly understood. P. W. Meldrim: I thought I made it plain, Mr. President, that the Commissioners have made two reports to Congress-one a codification of the penal laws, and the other a judiciary law of the United States, and both of those reports are now in the hands of the committees of Congress waiting for a report upon them. William L. Taylor: But what I am arguing for is that this Association should appoint a committee who shall discuss the matter and be prepared to give some information-if information is what is wanted to this committee of Congress, some of the members of which committee may be good lawyers and some of whom may not be; and, at all events, our committee might give them the benefit of their enlightened views, and we all know that a committee from the American Bar Association is accorded careful attention. The President: The question is still before us-what will you do with this report ? William Wirt Howe, of Louisiana : I move that the report be received and filed. Henry H. Ingersoll, of Tennessee: I second that motion. Walter S. Logan, of New York: I would amend that motion, Mr. President, by moving that the report be received and adopted. The President: Is the amendment seconded? Henry H. Ingersoll : I will second the amendment. The amendment was carried, and the report adopted. The President: Next in order is the Committee on Judicial Administration and Remedial Procedure. A. J. McCrary, of New York: I regret that I am compelled to ask a little time before. making a formal report on behalf of this committee. Our committee has been unfortunate in its inability to get together, and it has not yet been determined which of a number of matters will be reported to this body. I therefore ask that we may have until some later time in the session to present a report. The President: If there is no objection the presentation of the report of this committee may be deferred until later. Is there a report from the Committe on Legal Education. and Admission to the Bar? Henry Wade Rogers, of Illinois : The Crman of that committee is out of the hall at the moment, but I will say for him that there is no report from that committee to be submitted. The President: Next in order is the report of the Committee on Commercial Law, of which Mr. Logan, of New York, is chairman. |