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Moorfield Storey, of Massachusetts:
I beg leave to present the following
REPORT OF THE COMMITTEE ON RESOLUTIONS. The American Bar Association, having met for the first time. outside of the United States, feel that they cannot let the occasion pass without expressing their appreciation of all that has been done to make the meeting pleasant and successful.
The attendance has been greater than at any previous meeting, itself a proof of the attraction exerted by the beautiful city of Montreal, so rich in historic memories.
During our sojourn we have not felt ourselves in a foreign country. The good people of this city have made us feel at home by their gracious hospitality. It is impossible to mention all those to whom we feel indebted, when, from his Majesty the King, and the Duke and Duchess of Connaught, through every grade of official station and private life, there has been but one note of cordial welcome.
At this meeting our Constitution has been amended to permit the election as honorary members of persons of distinction, residing in other countries, whether prominent in the profession or in public life. The names of those selected for this mark of our respect indicate our appreciation of their eminence as well as of the courtesy which we have received at their hands.
We thank the newspapers of Montreal for their full and correct account of the proceedings of our various meetings. We feel sure that these reports will increase the cordial feeling already existing between Canadian and American lawyers.
We thank the officials representing the Dominion, the Province of Quebec, and the City of Montreal.
We are under lasting obligations to the Board of Governors of McGill University, who have taken this occasion to confer the highest academic honors on six of our members. We feel that in thus honoring them, the University has honored our Association.
The University has further favored us by placing at our disposal the splendid auditorium of the Royal Victoria College, and many other parts of the building.
The Bar of Montreal has welcomed us as brothers, and their many acts of courtesy, and the entertainments provided by them are greatly appreciated. For their unvarying kindness we offer our heartiest thanks.
In this expression of appreciation we have not attempted to enumerate all those to whom our thanks are due, for that would be impossible; but of one resident of Montreal we must make special mention. Mr. Rennie O. McMurtry, from the time it was decided to hold this meeting at Montreal, took charge of the arrangements, gave his personal services to each one, and well accomplished his self-imposed and hospitable task.
Therefore the committee presents this memorial and asks that it be approved and entered upon our records.
WALTER GEORGE SMITH,
The resolutions were unanimously adopted.
A memorial has been prepared of our late esteemed member, Ralph W. Breckenridge, of Nebraska, and it is requested that the minute be received and filed.
The request is granted.
A resolution has been submitted to the Executive Committee by Samuel P. Goldman, of New York, to which, under the rules, the Executive Committee will give attention.
Edgar H. Farrar, of Louisiana:
I am requested by the International Law Association to call the attention of the American Bar Association to an effort which will be made at the Madrid conference of that body to obtain an international agreement in respect to deck cargoes exported from this country-particularly in regard to timber deck cargoes exported in the winter time.
I therefore move that the Committee on Commercial Law be
instructed to co-operate with the International Law Association for the purpose of obtaining proper legislation from Congress on this subject.
The motion was carried.
The Chairman of the Committee on Membership has about 450 names which it would have been fortunate if he could submit for proper consideration, but under the circumstances I move that the names be referred to the Executive Committee, with power to act upon them.
The motion was carried.
E. Spencer Miller, of Pennsylvania:
I desire to offer the following resolution:
That Canon 15 of Professional Ethics of the American Bar Association be amended by adding after the words: "to do whatever may enable him to succeed in winning his client's case "the words:
"The lawyer can do no more in a case he finds to be palpably unjust, than to extricate himself if he has assumed it, without causing it to break down or be pre-judged."
And that to Canon 31 there be added these words:
"Wrong done by his client is his wrong if he knowingly participates in, or facilitates it."
Referred to the Standing Committee on Professional Ethics. Lucien Hugh Alexander, of Pennsylvania:
On behalf of the Membership Committee only a brief report. will now be presented. Some of our statistics will be incorporated in the written report in the annual volume, but the compilations cannot be perfected until the various local councils have ended their activities for the year. We merely now report that during the past year we have added 2600 new members, which brings our total membership above 8000.
(See Report in Appendix, page 673.)
A resolution has been handed in from J. Aspinwall Hodge, of New York, which will go to the Committee on Judicial Recall.
The business of the meeting having been disposed of, I will now appoint a committee to escort the newly elected President to the Chair. I appoint as that committee William P. Bynum, of North Carolina, Francis B. James, of Ohio, and W. Thomas Kemp, of Maryland.
The committee then escorted President-elect Taft to the platform.
I have the distinguished honor and the great pleasure of presenting the President of the American Bar Association.
I am deeply honored by your election of me as President of the Association. Since I was 21-and barring the interval between the 4th of last March and now-I have held office so continuously and continually that I never felt that I had any right to be considered a member of an association of lawyers. If this were an association of office-holders I would have been entirely at home. But it is never too late to begin either as a private citizen or as a member of the Bar. I thought I had gotten over being a President, and that there would remain nothing for me but the title of honorary. Honorary, mark me-not honorable. I noticed in the Montreal newspapers this morning an executive order as to those who are entitled to the term honorable. I play golf at Murray Bay and the King's Counselor who was playing with me one day—and beating me, too-stopped at one tee and remarked," By the way, I would like to inquire just what the distinctions are in your country with reference to the use of the term honorable." I said we didn't have any distinction at all, that every American outside of the penitentiary was entitled to it—and there are some who have lived down even that experience.
But, gentlemen, being in good humor doesn't necessarily indicate that I do not deeply appreciate what you have done. Coming as I do after the most hard working and the most successful President that the American Bar Association has ever hadwho has given us the greatest meeting that the American Bar
Association has ever had, both in respect of cultivating those valuable international relations that we should make as friendly as possible between the United States and this great country, and also I hope in giving to the members of the Bar a sense of responsibility and a realization of power with reference to the influence they can exert upon the public opinion in the United States, when the United States is woefully in need of legal advice I feel as if your selection of me is an anti-climax.
But do not understand me that I am going to decline. My habit of life with reference to acceptances is so fixed that I cannot change it now. Therefore, out of my heart, gentlemen, I thank you for this honor.
The meeting then adjourned sine die.