REPORT OF THE EXECUTIVE COMMITTEE FOR THE YEAR 1914. The Executive Committee has held three meetings. At its first meeting, on February 2, 1914, the Committee acted on a matter referred to it by vote of the annual meeting and voted to recommend to the special meeting of the Association, to be held in February, that the constitution be amended to allow the Committee on Grievances in its discretion to investigate misconduct of members of the Bar of which no formal complaint had been made. It also voted to recommend a change in the constitution so that the annual meeting should be held in September or October. These proposed amendments to the constitution were adopted at the special meeting of the Association. The Committee further considered at length the recommendations of the Committee on Legislation as to proposed legislation and authorized that committee to support certain measures and oppose others as more specifically appears in the report of the Committee on Legislation. It also passed on certain of the recommendations of the Committee on Grievances. At the other meetings of the Committee members have been elected and various other business transacted. At a joint meeting with the Committee on Legislation the subjects for discussion at this annual meeting were chosen. JAMES A. LOWELL, REPORT OF COMMITTEE ON MEMBERSHIP. The Committee on Membership has held four meetings during the year 1914 and has passed favorably upon sixty applications for membership. The Committee recently had sent to various members of the Bar in Boston and in Worcester County the report of the Committee on Legislation, and the sending of that report has resulted in many applications for membership. Mr. William C. Mellish, of Worcester, a member of the Committee, with the assistance of Mr. F. F. Dresser, has been most active in securing applications from members of the Bar in Worcester County, and, as a result of his efforts, many new members from that county have applied for membership. The Committee is of opinion, as has been stated by previous membership committees, that the holding of meetings of the Association in counties outside of Suffolk is a great help in increasing the membership. Respectfully submitted, ROBERT HOMANS, Chairman. REPORT OF THE COMMITTEE ON LEGAL EDUCATION. The principal work of the Committee during the year was in connection with the proposed legislation in regard to admission to the Bar. The report of the Committee on Legislation gives a full statement of the bills which were introduced and of the act which was passed. The evident purpose of the bills was to prevent the bar examiners requiring applicants for admission to the Bar to have any general education. Your Committee was opposed to this legislation and its chairman spoke against the same before the Judiciary Committee. A letter written by Dean Ezra R. Thayer, a member of your Committee, giving reasons why the bills should not be recommended was also submitted to the Judiciary Committee. The report of the Judiciary Committee was adverse to all said bills and none of them were passed as originally presented. One, however, was amended to read, "that an applicant for admission to the Bar shall not be required to be a graduate of any high school, college or university." As thus amended it was passed by the House and the Senate and approved by the Governor in spite of objection made by this Committee and by the Committee on Legislation, and by the President of this Association. The Board of Bar Examiners, being somewhat in doubt as to the true meaning and effect of the statute thus enacted (Acts 1914, Chap. 670), were advised by members of this Committee and other members of the Bar as follows: To the Board of Bar Examiners: We, the undersigned members of the Bar in Massachusetts, have carefully examined and considered the existing rule of the Board of Bar Examiners as to general education, a copy of which is annexed hereto. We are of the opinion that this rule does not conflict with the recent act of Legislature, Chap. 670 of the Acts of 1914, approved June 15, 1914, to take effect September 1, 1914, a copy of which Act is also hereto annexed. We approve of the rule as it now stands and think it should not be altered by reason of said legislation. GEORGE L. MAYBERRY. JOHN E. HANNIGAN. WILLIAM S. YOUNGMAN. WM. G. BASSETT. GEORGE P. O'DONNELL. RICHARD OLNEY. T. H. GAGE. ELBRIDGE R. ANDERSON. RICHARD W. HALE. ROBERT HOMANS. JOHN W. MASON, Northampton. STEPHEN E. YOUNG. This movement to let down the bars is not a new one. Similar efforts have been made in other states in recent years. Usually a full discussion of the subject has convinced the legislatures of the different states that the public welfare demands that members of the Bar should be not only honest but also well educated. The different state bar associations have felt that there was a distinct duty resting upon them in the matter, and have worked faithfully, and usually with success, to prevent unwise legislation as to admission to the Bar. In several states, including Illinois and Wisconsin, the courts have held that the Legislature could not dictate to the Court as to the qualifications of the members of the Bar. See In re Day, 181 Ill. 73. People v. Amos, 246 Ill. 301. Witter v. Cook County, 256 Ill. 624. Vernon Co. Bar Ass'n v. McKibbin, 153 Wisc. 350. In re Mosness, 39 Wisc. 509. License to Practice Law, 67 W. Va. 213. In re Brunch, 70 New Jersey Law, 537. In re Applicants for License, 143 No. Car. 1. In Massachusetts this question has never been passed upon. The weight of authority seems to be that while the Legislature under its police power may provide that certain classes of applicants shall not be eligible, the Court cannot be deprived of its inherent power to fix the qualifications of the members of the Bar. Your Committee hoped that the Governor, being a member of the Bar, would heed the protest made by the President of this Association and veto the bill which was finally enacted. The following is a copy of the letter sent by Mr. Storey to the Governor : JUNE 8, 1914. HIS EXCELLENCY, DAVID I. WALSH, Governor of the Commonwealth, State House, Boston, Mass. SIR: An Act, House Bill No. 2637, a copy of which I beg to hand you herewith relative to admission to the Bar of attorneys at law, has passed the House and Senate and will shortly reach your Excellency for approval or disapproval. The Massachusetts Bar Association, of which I am President, has opposed this bill at every stage, and I now desire on behalf of that Association to express my earnest hope that you will veto this bill. The good name of Massachusetts is involved in this matter. She cannot afford to be behind the other states in her requirements for admission to the Bar. This would place her distinctly in the rear. The welfare of the community requires that the members of the Bar should have a reasonable amount of education, not only to render members of the Bar competent to advise their clients but also to enable them to render the type of service which an intelligent Bar ought to render to the community and to the commonwealth. I beg to hand you herewith a copy of the detailed statement of objections. I sincerely trust that you will feel it to be your duty, both to the profession and the commonwealth, to veto this pernicious and reactionary piece of legislation. Yours very truly, MOORFIELD STOREY. Your Committee feels very strongly that the Legislature ought not to interfere with the Court in the matter of the educational qualifications of applicants for admission to the Bar. HOLLIS R. BAILEY. SAMUEL C. BENNETT. EZRA RIPLEY THAYER. REPORT OF COMMITTEE ON JUDICIAL Your Committee on Judicial Appointments respectfully reports with reference to the period that has elapsed since the annual meeting in December, 1913, as follows: Early in the year 1914 the death of Hon. Nathan D. Pratt, of Lowell, created a vacancy on the bench of the Superior Court. On January 19th the Committee sent to Governor Walsh a letter in which they said: "Your attention is respectfully called to the fact that the Massachusetts Bar Association has a standing Committee on Judicial Appointments, which, by Article XII. of the constitution of the Association, is charged with the duty of furthering in all proper ways the appointment of suitable men to judicial office, 'to the end that the office of judge may be one of dignity and respect, with proper emolument, and that lawyers of high character, sound learning, wide experience, and judicial temperament may be placed upon the bench.' |