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therefore ask leave to withdraw my motion to recommit and then to move that this part of the report be referred to the Committee on Uniform State Laws.

The President:

Is there objection to the gentleman's withdrawing his motion to recommit? There being no objection, the motion to recommit made by the gentleman from Missouri is withdrawn.

Frederick N. Judson :

I now move that this part of the report be referred to the Committee on Uniform State Laws.

Daniel Fish, of Minnesota :

I second the motion.

The motion was adopted.

The President:

The question now recurs upon the adoption of the remainder of the report.

Henry W. Palmer, of Pennsylvania:

I would like to inquire whether the adoption of the report will commit this Association to the conclusions reached in the first and fourth paragraphs on page 2?

The President:
Yes, sir; it will.

Henry W. Palmer:

Because, if the American Bar Association wishes to go on record as stated in those paragraphs, it seems to me the subject ought to be discussed at least. First, it seems to be assumed in the first paragraph that Congress has the power to create corporations the object of which would be the carrying on exclusively of interstate commerce. There are people who dispute the power of Congress to do that. Secondly, the question arises, supposing that Congress has the power to create corporations the object of which would be exclusively to carry on interstate commerce, would that power include the right to authorize such companies to do a manufacturing business? Thirdly, upon a subject so wide and so large as the right of

Congress to regulate the trusts it seems to me that the American Bar Association ought not to commit itself in the manner proposed without some little discussion. I am one of those who believe that Congress has the right to incorporate companies for the purpose of carrying on interstate commerce, and also that it has the right to give such companies the power to manufacture in any state in which they may please to locate any article which enters into interstate commerce. I believe the time will come when all corporations engaged in interstate commerce will be compelled to take their charters from the federal government, and when that time arrives there will be no doubt about the power of Congress to regulate them. The regulating hand of Congress will be laid upon such corporations that now seem to enjoy a great deal of odium. The point I wish to make is this, that upon a subject so comprehensive and about which legal minds have arrived at different conclusions this Association ought not to put itself upon record without some discussion. Therefore, I move that the balance of the report be received and laid on the table.

The motion was seconded.

The President:

The motion before the house is that that part of the report relating to combinations and trusts which has not been referred to the Committee on Uniform State Laws by the vote just taken be received and laid on the table.

Robert D. Benedict:

I would like to correct the statement of the motion as the Chair has just made it. There is no direct reference to trusts in the resolution which was referred to our committee.

Henry W. Palmer:

I call attention to the statement on the first page of the report.

The President:

The Chair thinks that it stated the question before the house correctly. All of that part under subdivision II except such

as has been by the vote just taken referred to the committee on Uniform State Laws be now received and laid upon the table. I have nothing but the report before me, and not the resolution, and the committee's report puts this under the head of "Combinations and Trusts."

The motion was then adopted.

The President:

The question now recurs upon the adoption of the rest of the report.

The rest of the report was adopted.

The President:

The next report is from the Committee on Judicial Administration and Remedial Procedure.

A. J. McCrary, of New York:

Owing to the fact that some of the members of this committee were in Europe and others on vacations far from home, we were unable to have such a conference over the report as would enable us to present it and have it printed. I have a written report, which, under the rules, I suppose, may or may not be received, but if received it ought to be read, and I ask consent to read it.

The President:

The gentleman from New York asks unanimous consent to read the report which has not been printed. The Chair understands unanimous consent is given, and the gentleman may proceed.

A. J. McCrary:

A resolution was received by the Association this morning. referring to this committee some questions relating to the evils resulting from mob violence. Our committee have covered that subject in our report, which I will now read.

The report of the committee was then read.

(See the Report in the Appendix.)

Charles Claflin Allen, of Missouri:

I move that the report be received and filed.

The motion was seconded and adopted.

The Committee on Legal Education and Admissions to the Bar. Judge Sharp, of Baltimore, is Chairman of that committee.

George M. Sharp, of Maryland:

I have no report to present.

The President:

Next in order is the report of the Committee on Commercial Law, of which Mr. Logan, of New York, is Chairman.

Walter S. Logan, of New York:

The Committee on Commercial Law presents a majority and minority report. Mr. Whitelock will present the majority report, after which I will read the minority report.

The majority report of the committee was then read. (See the Report in the Appendix.)

Sigmund Zeisler, of Illinois :

It is now a quarter of one, and the minority report covers nineteen printed pages, and I therefore move that we adjourn until half-past two o'clock.

John Morris, Jr., of Indiana:

This report has not been printed in time to receive consideration under the by-laws. I therefore submit that the consideration of the report be postponed until the annual meeting next year with leave to the committee to amend or supplement the report if they see fit.

The President:

The Chair must rule that that motion would not be in order until after Mr. Logan has presented his minority report. Recess was taken until 2.30 P. M.

AFTERNOON SESSION.

Tuesday, September 27, 1904, 2.30 P. M.

The President called the meeting to order.

The President:

The Secretary will make announcements of committees appointed.

The Secretary:

The President has appointed as Committee on Auditing the Report of the Treasurer:

Charles Martindale, of Indiana.

Edward B. Whitney, of New York.

As the Committee on Publications:

George Whitelock, of Maryland.

Edward Avery Harriman, of Connecticut.
Charles Claflin Allen, of Missouri.

Francis B. James, of Ohio.

M. A. Montgomery, of Mississippi.

The President:

The next order of business is the paper by Benjamin F. Abbott, of Georgia, on "To what Extent will a Nation Protect Its Citizens in Foreign Countries?"

Benjamin F. Abbott, of Georgia, then read his paper. (See the Appendix.)

The President:

I want to avail myself of just a moment's time before Mr. Logan presents the minority report of the Committee on Commercial Law to say on behalf of the Executive Committee that last fall, not long after the adjournment of our annual meeting, we transmitted through the American Ambassador at London, Mr. Choate, an invitation to Sir Robert B. Finlay, Attorney General of England, asking him and Lady Finlay to be our guests during this meeting, which was quite promptly accepted; but later we received word from Mr. Choate that it was impossible for him to come. I desire to read now the Attorney General's letter to Mr. Choate upon the subject, so that it may get in our records.

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