amended opinion, shall become the committee's opinion on receiving the approval of two-thirds of the members of the entire committee, including the Chairman. 9. Where a question is considered by correspondence, and the members do not arrive at the same conclusion, the Chairman shall send copies of each member's views and conclusions to all other members and thus continue its consideration by correspondence, or may at any time refer the matter to the next meeting of the committee. Should the members at any time reach a unanimous conclusion the chairman shall proceed as in Rule No. 8. 10. After the discussion of any question at a meeting of the committee, the Chairman shall assign it to a member to prepare an opinion. When prepared the Chairman shall furnish a copy to each member of the committee for approval and amendment, and such opinion, or amended opinion, shall become the committee's opinion, on receiving the approval of two-thirds of the members of the entire committee including the Chairman. 11. All opinions shall be published in the annual report of the committee, unless otherwise ordered by majority vote of the committee. REPORT OF THE COMMITTEE ON COMMERCE, TRADE AND COMMERCIAL LAW To the American Bar Association: Your Committee on Commerce, Trade and Commercial Law reports as follows: I. Your committee recommends: First: That a resolution be adopted by the American Bar Association endorsing and approving Senate Bill No. 4107, of the 67th Congress, 4th Session, and that a copy of it be sent to a member of the House and a member of the Senate for introduction at the next session of Congress, and the members of this committee directed to urge its passage. Said bill is attached hereto as Appendix A. Second: That a resolution be adopted approving the introduction at the next Congress of Senate Bill No. 77, of the 67th Congress, providing for the payment of judgments rendered against the United States for money due on public work. (See Resolution Ninth, 1922 Report of the American Bar Association, Volume 47, page 289.) Third: That a resolution be adopted approving Senate Bill No. 4213 of the 67th Congress, and directing your committee to cause the same to be introduced at the next session of Congress, said bill being "An Act relating to sales and contracts to sell in interstate and foreign commerce, approved by Resolution Seventh, 1922 Report of the American Bar Association, Volume 47,, page 289, and appearing as Appendix A of that report, page 296, et seq." Fourth: That a resolution be adopted, approving the re-draft and its introduction into the next Congress, of Senate Bill No. 4214, of the 67th Congress, a United States Act for the arbitration of commercial controversies and disputes. (Appendix B.) Fifth: That a resolution be adopted approving the recommendations with respect to the legal status of trade associations and their functions. (Appendices C and D.) Sixth: That a resolution be adopted approving the recommendation of your committee to attorneys in their professional relations with trade associations. (Appendix D.) Seventh: That a resolution be adopted condemning the bonding of attorneys in the faithful performance of their duties as attorneys. Eighth: That, with respect to the administration of bankruptcy cases, and the solicitation of claims therein, a resolution be adopted recommending to the District Judges of all the United States Courts, the adoption of the following rule: Unless specially authorized by the Court, receivers and trustees in bankruptcy shall not retain as their attorney, the attorney of the bankrupt, of the petitioning creditors of the person applying for the appointment of a receiver, or of any creditor, and trustees shall not retain as their attorney, any attorney who has obtained proxies or voted upon the election of such trustees, or who is an attorney for persons holding such proxies. Ninth: That a resolution be adopted referring the subject of Merchandise Marks Acts to the Conference of Commissioners on Uniform State Laws. Tenth That a resolution be adopted giving your committee further time to consider the subject of a United States Industrial Court. Eleventh: That a resolution be adopted giving your committee further time to consider the subject of the Uniformity of the Law Merchant of North and South America. Twelfth: That a resolution be adopted giving your committee further time to consider the English system of Commercial Courts. II. (a) Your committee pursuant to the invitational letter and agenda, held a three days' public hearing at the rooms of the Merchants' Association, Woolworth Building, 233 Broadway, New York City, April 4, 5, and 6, 1923, at which many persons appeared in behalf of sundry commercial, industrial, financial and professional interests, and presented for your committee's consideration, testimony and constructive criticism of the several topics on the agenda. (b) Your committee pursuant to Resolution Seventh of the Summary of Recommendations of the 1922 Report, through the courtesy of Senator Sterling and of Congressman O. L. Mills, of New York, had introduced into the 67th Congress the bill relating to sales and contracts to sell in interstate and foreign commerce, Senate Bill No. 4213, H. R. Bill No. 13522, which bill failed of passage by reason of the shortness of the term. A single amendment was suggested to the bill, which your committee accepted, to-wit: The insertion of the words "or certificate" between the words "policy" and "of" in Paragraph (c), Sec. 40, so that the amended paragraph shall read, "The duty of obtaining a policy or certificate of insurance, insuring the goods during transit, and paying the premium therefor "; in the interest of brevity the bill is not appended hereto, as it is printed pp. 296, et seq. Volume 47, of the 1922 American Bar Association Report, as Appendix A. (bb) Your committee pursuant to Resolution Twelfth of the Summary of Recommendations of the 1922 report, reports: That the United States Arbitration Statute, in the form reported at the 1922 meeting of the Association (Appendix B American Bar Association 1922 Report, p. 315) was introduced in the 67th Congress, 4th Session, on December 20, 1922, by Senator Sterling in the United States Senate (S. 4214) and on the same day in the House by Congressman Mills (H. R. 13522). In each branch it was referred to the Committee on the Judiciary. The chairman of the committee and Mr. Cohen had several conferences with members of the Senate Committee. Mr. Charles L. Bernheimer, chairman of the committee on arbitration of the New York State Chamber of Commerce, delegated by various associations throughout the country to support the bill, appeared before the committee and several times visited Washington. The bill received the cordial support of the National Association of Credit Men, as well as the New York Chamber of Commerce, and was endorsed by the following among other organizations: Western Fruit Jobbers Association of America, Chicago. San Francisco Chamber of Commerce. Babson Institute, Wellesley Hills, Mass. Chamber of Commerce of Kansas City, Mo. California Peach & Fig Growers, Fresno, Cal. Music Publishers Protective Association, New York City. American Chamber of Commerce of Philippine Islands, Manila. Atlantic Fruit Company, New York City. Yakima Fruit Growers Association, Yakima, Wash. Fruit Dispatch Company, New York City. California Packing Corporation, San Francisco. Los Angeles Chamber of Commerce, California. National Wholesale Grovers Association, New York City. Musical Supply Association New York City. Sun Maid Raisin Growers, Fresno, Cal. National Poultry, Butter & Eggs Association. Chicago. Lake Charles Ass'n. of Commerce, La. North American Fruit Exchange, New York City. Live Poultry & Dairy Shippers Traffic Ass'n, Chicago. American Fruit Growers, Pittsburgh, Pa. New York Board of Trade & Transportation, New York City. National League of Commission Merchants of the U. S., Washington, D. C. Rochester Association of Credit Men, N. Y. Arbitration Society of America, New York City. American Manufacturers Export Ass'n, New York City. Building Trades Employees' Association of the City of New York. E Music Industries Chamber of Commerce, New York City. Baton Rouge Chamber of Commerce, La. New York Coffee and Sugar Exchange, Inc. American Fruit & Vegetable Shippers' Ass'n, Chicago. International Apple Shippers Ass'n, Rochester, N. Y. Federal Fruit & Vegetable Growers, Ind., New York City. American Exporters' and Importers' Ass'n, New York City. Owing to the lateness of the session and the pressure of other important business, the bill was not reported by the committees. Objections to the bill were urged by Mr. Andrew Furuseth as representing the Seamen's Union, Mr. Furuseth taking the position that seamen's wages came within admiralty jurisdiction and should not be subject to an agreement to arbitrate. In order to eliminate this opposition, the committee consented to an amendment to Section I as follows: but nothing herein contained shall apply to contracts of employment of seamen, railroad employees or any other class of workers engaged in foreign or interstate commerce. Various suggestions were made by the Committee on the Judiciary, and to meet these suggestions, but without changing the substantial form of the bill, it was amended. A copy of the bill as thus amended is hereto annexed, marked Appendix B. Senator Sterling and Congressman Mills both promise hearty cooperation in pressing the bill to passage in the next Congress. On behalf of the mercantile associations represented by him, and also on behalf of our committee, Mr. Charles L. Bernheimer conferred with the Secretary of State, the Honorable Charles E. Hughes, and placed before him the form of commercial arbitration treaty approved by the Association at its 1922 meeting (Appendix D, report of our committee, 1922, American Bar Association 1922 Report, p. 321). Secretary Hughes stated to Mr. Bernheimer that he was in sympathy with the principle, that he would give the matter his personal attention, and that Mr. Bernheimer might continue to keep in touch with him, and permitted Mr. Bernheimer to make public reference to this fact. The subject of international commercial arbitration is receiving the careful consideration of the Economic Committee of the League of Nations. The sub-committee on arbitration clauses, consisting of Mr. Mackinson, M. Percerou, M. Meyer, Mr. Kan |