Now, the state courts are as much bound to enforce the laws of the United States, the Constitution and treaties which are the supreme law of the land, as is the district court of the United States. I see no reason why aliens who come to this country without ever becoming citizens, and make their money here and stay here for years, if they violate some law of the state, and possibly there is some chance that that law did conflict with their treaty rights-why it should be incumbent upon the President and Attorney-General to go into court and bring a bill in equity and enjoin the state from enforcing that law? Why should that alien be given more protection than the citizens of that state?

...I submit that there is no reason why an alien cannot get justice in any state of the union, in a state court. There may be some few instances where there has been a miscarriage of justice, where aliens have not been protected, but I submit that if there are cases where the state court does not sustain the Constitution and treaties of the United States, they still have the same right as the citizens of the United States have, to have the United States courts pass upon the constitutionality of that state law. And why should they be given any advantage over the citizens of any state?

Further, in the second section it provides "that whenever an action, civil or criminal, is brought in a state court against a citizen or subject of a foreign country to enforce an act passedby the legislature of such state, which is deemed by the President to violate the rights of such citizen or subject of a foreign country, secured to him by treaty between the United States and such foreign country, it shall be lawful for the Attorney-General of the United States at any time before a hearing or trial upon the merits in such state court, to file an intervening petition for removal of said case to the proper district court of the United States." Why should it be made the duty of the Attorney-General to protect the alien? He can go into court, and if he has any rights of removal, he can accomplish the same thing. But why take away from the state courts the right to pass upon it in their own court of law and not require the alien to go into the United States court? I submit that it is not proper, and that this act although previously indorsed by this Association, should not be adopted.

Lee Coombs, of North Dakota:

I understand that the object of this procedure is to prevent a repetition of that most unpleasant experience between this nation and the government of Italy, not long ago, when some subjects of Italy were massacred or murdered in some southern state, which complication almost involved us in war. And it is sufficient to warrant the conclusion that the position taken by the gentleman from Florida is not worthy of consideration.

The Chairman:

All in favor of the amendment offered by the gentleman from Florida, to except out of the resolution the particular act that he mentioned relative to aliens, will say aye. Those opposed say no. The noes have it. The question now comes upon the adoption of the motion of Mr. Wheeler.

The motion was stated and carried.

Mr. Wheeler:

I have another resolution to submit which I will ask to have referred to the Executive Committee for consideration.

WHEREAS, Members of the Association have called the attention of the Committee on Jurisprudence and Law Reform to defects in procedure, in courts of justice, in dealing with the following subjects:

(1) The adjudication of conflicting claims to grants from the United States Government.

(2) The right of corporations organized in one state to do business in another.

(3) The cost of printing the record on appeal in the federal court. (4) The publication of dissenting opinions.

(5) Inadequate accommodations in bankruptcy proceedings. Resolved, That the said committee be requested to consider the said communications and report thereon to the Association.

Thomas I. Parkinson, of New York:

I offer the following resolution, for reference to the Executive Committee.

Resolved, That a special committee of the Association, to be known as the Special Committee on Revision of Federal Statutes, and to consist of five members of the Association designated by the President, is hereby established for the purpose of securing an authoritative revision of the general and permanent statutes of the United States with power to co-operate with any congressional agency which may be authorized to consider or prepare such revision.

The Secretary:

I have a list of 92 candidates recommended by the General Council for membership. I will not read them unless requested. I move that they be elected members of the Association.

The motion was seconded and carried.

The Association adjourned until 2.00 P. M.

The President:

FIFTH SESSION.

Thursday, August 30, 1923, 2 P. M.

I have here a resolution offered by Judge Edward R. Finch, of New York, which will be referred to the Executive Committee. The resolution was as follows:

WHEREAS, In the judgment of the American Bar Association it is desirable that there be a method provided which shall be removed from all local embarrassments, for the correcting of any improper conduct that may arise in the future, on the part of any member of the judiciary

Resolved, That the necessary authority and direction is hereby given for the purpose of creating, in the same manner as other similar committees have been constituted, a committee to be known as the Committee on Judicial Ethics and Grievances. Such committee shall have power to investigate and take such action as to them shall seem best, and make public findings, after approval by the Executive Committee of the American Bar Association.

The President:

The next order of business is the Committee on American Citizenship, the report from its Chairman, R. E. L. Saner.

Committee on American Citizenship:

R. E. L. Saner, of Texas, then read the report of the Committee on American Citizenship.

(See Report in Appendix, page 442.)

The President:

The committee's report contains two recommendations. The first is a recommendation for the creation of a Section on American Citizenship. In the report of the Executive Committee that amendment to the Constitution was disapproved, and it was

recommended that such proposed amendment be not adopted, but that the committee be continued. That report of the Executive Committee has been approved by the Association, and I shall be constrained to rule, in the absence of a motion to reconsider, that the first recommendation made by the Committee on Citizenship is not before the meeting.

The second recommendation is that the Executive Committee be authorized to appropriate funds in its discretion for the further work of the Committee on American Citizenship.

The question is on the adoption of the second recommendation of this report.

The question was called for and the motion carried.

Ely Rosenberg, of New York, offered the following resolution which was referred to the Executive Committee:

Resolved, That the American Bar Association recommend to the bar associations in the various states the creation of committees of their members who will pledge themselves to use every possible opportunity to expound from the public platform the Constitution of the United States and the fundamental American ideals embodied in the same; together with the reasons for the framing of this great document as it stands and the necessity for the protection and preservation of same from criticism and attack in the form of ill-advised and radical amendments.

It is also recommended that these committees be created at the earliest possible moment and the names and addresses of the members thereof be forwarded by the state Secretaries to the Chairman of the Committee on American Citizenship of the American Bar Association.

Jesse A. Miller, of Iowa, offered the following resolution, which was referred to the Executive Committee:

The American Bar Association has for years recognized that the justices and judges of the federal courts are underpaid and that their salaries ought to be increased.

Be it therefore resolved, That a special committee of seven members be created to be known as the committee on salaries of federal judges; that the President of the Association appoint said committee and that said committee be instructed to urge actively upon Congress the enactment of laws increasing the compensation of our federal judges.

Chester I. Long, of Kansas, introduced a resolution which,' without debate, was referred to the Executive Committee.

WHERAS, Under our system of government by public opinion there is need of continuous and general education in American principles and ideals, a work in which the Bar is peculiarly fitted to assist, and

WHEREAS, The Committee on American Citizenship has made a remarkable progress during the past year in organizing the Bar for patriotic service and in stimulating the education of the public in the principles of our constitutional form of government; therefore

Be It Resolved. First. That the American Bar Association commends and endorses the work of the Citizenship Committee and believes that steps should be at once taken to establish it on a permanent foundation. Second. That pending the organization of a Section on American Citizenship and until the next annual meeting, the Citizenship Committee as at present constituted be continued; that the Executive Committee be authorized and directed to make such appropriation from the Association's funds as may be necessary to meet immediate needs for continuing the campaign as outlined in the report of the Citizenship Committee; and that said committee, under the general direction of the Executive Committee, is hereby authorized to secure funds and formulate plans for the establishment of its work on a permanent basis.

At this point, former President Walter George Smith was called to the chair.

The Chairman:

The next order of business is the report of the Committee on Law Enforcement, of which Charles S. Whitman, ex-Governor of New York, is Chairman.

P

Committee on Law Enforcement:

Charles S. Whitman then read the report of the Committee on Law Enforcement.

(See Report in Appendix, page 415.)

It was moved and seconded that the report be accepted.

W. H. Washington, of Tennessee:

The report, Mr. Chairman, that we have just heard is of the utmost importance; but having had an experience of eight years as prosecuting attorney in Tennessee, I desire to suggest two points; first, to enact such laws and to have such procedure as will ensure honest, unprejudiced juries in the box. When you have intelligence and conscience in the jury box you will not have any lack of justice, because for the most part prosecuting attorneys are honest and efficient, and judges are conscientious and able. Let every lawyer here take home with him the request that he give his time and attention to preserving the purity of the jury

box.

The other point to which I desire to call the attention of this great assembly is the ridiculous absurdity in most of the states of disqualifying a citizen from sitting as a juror if he has read any