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the Association have been elected by the Executive Committee. Also that $10,000 has been appropriated to the various committees and Sections of the Association. The details of the appropriations appear in the report of the Treasurer.
An invitation was extended by the committee to the Chief Judge of the court of last resort in each state, the presiding Judge of each Federal Circuit Court of Appeals, the Chief Justice of the Court of Appeals of the District of Columbia and the Chief Judge of the Court of Commerce to attend this meeting, and to be guests of the Association at its annual banquet. A similar invitation was extended by the Committee on Uniform Procedure to attend its conference in Montreal. Many of those judges are here.
It seems necessary to the Executive Committee to propose a number of amendments to the constitution. They are:
First. An increase in the number of elective members of the Executive Committee from five to seven. The former number was fixed when there were only 1300 members of the Association; now there are 7500 members.
Second. There has been some embarrassment in complying with the rule that a majority of the Local Council in each state must approve a candidate for membership, there being no maximum for members of any Local Council. The Executive Committee recommend an amendment providing for not less than two, nor more than four, members of each Local Council.
Third. The present law provides "an assistant secretary." The Executive Committee recommend that the provision be 66 one or more assistant secretaries."
Fourth. Obituary notices under the present rule have become quite unmanageable, taking up great space. It being difficult to handle the material, the Executive Committee recommend that there be a mere publication of the names, unless there is a special direction to the contrary.
The fifth amendment refers to honorary members. The Executive Committee recommend that power be given to that committee to elect persons of distinction-not members of the Bar of any state in the United States-to honorary membership in the Association.
The sixth proposition concerns the President's Address. You are aware how great is the task of gathering data concerning legislation. The committee feel that the President should not be forced to perform that task, but should have the right to select a subject for his address.
Another proposition is for the establishment of a Committee on Professional Ethics. If such an amendment is adopted, a slight change is necessary in the by-laws providing for gathering of data and making recommendations by this new committee.
The last recommendation from the Executive Committee also concerns a by-law, to provide that the President or the Executive Committee may authorize a member who has submitted a paper to have it privately published. As the law now is, the question must be taken up formally by the Executive Committee, which it is not always possible to do.
W. U. Hensel, of Pennsylvania:
In view of the fact that the changes recommended by the Executive Committee are matters of administration and of form rather than of substance, and that they have received the earnest attention of the committee, and are the subject of its unanimous. report, I move that the report be received and its recommendations be adopted.
Amasa M. Eaton, of Rhode Island:
I second the motion.
W. A. Ketcham, of Indiana :
I move as an amendment that the recommendations of the committee be made the special order after the regular order tomorrow morning-that is, after the reports of committees.
W. O. Hart, of Louisiana:
Will not the gentleman from Indiana add that they be printed? The President:
If this matter is not disposed of now, I am afraid there will be no opportunity to consider it during this meeting, because the program is quite full.
W. U. Hensel, of Pennsylvania:
Will Mr. Ketcham indicate what he thinks requires special consideration?
W. A. Ketcham, of Indiana:
The provision that there should be but four members of the Local Council. I think there ought to be five. You cannot get a majority if there are only four.
It consists of five now, because the Vice-President is also a member of the Local Council in each state.
The motion to receive the report of the Executive Committee and to adopt its recommendations was unanimously carried.
The Treasurer submitted his report, which was referred to an auditing committee consisting of William P. Rudd, of New York, and Rome G. Brown, of Minnesota.
(See Report at End of Minutes, page 82.)
The Assistant Secretary submitted the Secretary's Report, which was received and filed.
(See Report at End of Minutes, page 79.)
Adjourned to 2.30 P. M., the same day, in Princess Theatre.
Monday, September 1, 1913, 2.30 P. M.
We are especially honored today by having with us a member of the Association, who personally, and in his office, exemplifies the highest ideals of the American lawyer, and who has added lustre to our profession and presided with honor and dignity over the great court of our land. We have asked him to preside at this session at which the Lord High Chancellor of Great Britain is to speak, and accordingly I have the honor of presenting to you the Chief Justice of the United States.
Hon. Edward Douglas White, Chief Justice of the United States:
Before endeavoring to perform the duty committed to me, at the request of your Chairman, who has just called upon me temporarily to preside, I will read the following telegram:
"The Duke and Duchess of Connaught acknowledge the receipt of the invitation to be present at the meeting of the American Bar Association, and regret that absence in England prevents them from accepting."
The truth of the thought of the Roman that he who changes skies, although he may change countries, does not change heart, is quite manifest by my own feelings, for although I have changed countries, I am entirely unconscious of any change of heart, because so much kindness has been shown me as to cause me to feel as if I continued to be at home.
But apart from the mere personal sense of home feeling, there is a broader ground which naturally tends to cause an American lawyer to feel at home in Canada, living as its people do under a system of constitutional government.
Epitomizing the result of the experience of Rome, and illumined by the teachings of Christianity, the Institutes define justice or law as the giving to every one that which is his due, and jurisprudence as the knowledge of all things human and divine, the power to distinguish between right and wrong. When analyzed, these conceptions give the clearest apprehension of the rudimentary truths underlying all constitutional systems of government, and demonstrate that mere questions of municipal law are of minor importance when compared with the fundamental considerations which are at the basis of the preservation of free institutions; that is, the conservatism which is necessary to conserve representative government, the willingness of one to submit to such restraints upon his own conduct as are essential to the preservation of the rights of all. In other words, the power of a free people to restrain themselves in order that freedom may endure.
This thought at once also makes clear what otherwise might be obscure, that is: the meeting of the American Bar Association. in a country over which floats a flag different from that to which
its own allegiance is due. It also explains, putting aside questions of personal kindness and courtesy, why the Lord High Chancellor of Great Britain, the incumbent of the greatestpardon me, one of the greatest tribunals on the earth, has crossed the seas at the invitation of the Association to grace this assembly by his presence.
And the mere mention of the presence of his Lordship serves to show what an impossible task has been imposed upon me, since that task is to introduce the Lord Chancellor to this meeting. The impossibility is well illustrated by a simple incident which comes to my mind. I recollect a few years ago I was with a gentleman who had with him his little son who was fishing. The sun was hot, and after throwing out his line, the boy was soon tired, and desiring to go away, leaving his line, said, “ Papa, that line fisses itself." So how can it be within my power as an American lawyer to introduce his Lordship to American lawyers when the very mention of his presence at once serves to make him known?
I might avoid doing the unnecessary or impossible by introducing my countrymen to his Lordship, but I could not do that without violating the rule stated by the Prime Minister in his eloquent address this morning when he declared that it was impossible to speak of the warm welcome which the Canadians extended to the Association because the warmth of that welcome was what the lawyers speak of as res ipsa loquitur; that is, a thing apparent to everybody and speaking for itself. Applying this rule, how can it be within my power to introduce to his Lordship the members of the Association since in speaking to them he is to look into their faces, and in doing so, cannot fail to read the expression of the veneration they entertain for the high office which he fills, of the respect with which they regard him personally, and of their grateful appreciation of his kindness in coming across the seas to honor them with his presence, and to give them the benefit of his wisdom?
But desire to discharge the very agreeable duty which rests upon me is so great that I shall venture to do that which is