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than it has done, then there will never be an Executive Committee in this Association which will voluntarily undertake such work. I understood, and I think every member of the Association understood, that the committee was given instructions to investigate whether or not particular schools, or any school, had not lived up to the requirements of the rules of this Association, and after that investigation that the committee was to report its conclusions to the Association; and that whatever conclusion it arrived at would be regarded as final. If that is not correct, what is to follow? An investigation by the Association itself? If an investigation by the Association itself is to follow an investigation by the committee, what has been the benefit, what has been the purpose of all this work? If the Association desires, as has been intimated here, to examine and to hear the evidence, I suppose the committee would be glad to turn the whole matter over and be relieved of this duty in the future. Now we ought to determine tonight whether a recommendation of the Executive Committee is to be accepted or not.

Seth Shepard: I cannot permit the issue in this matter to be shifted, as it has been, into one whether or not we are on a question of veracity, to support the committee. That is not the issue. It is not a question of want of confidence in the Executive Committee; I shall vote against the adoption of the committee's recommendation, because I cannot permit my judgment as a lawyer to be governed in deciding a question of this kind by the report of a committee, without hearing the evidence upon which that committee acted. I trust that under no circumstances shall we delegate our power to a committee to hear secretly charges against anyone, and act upon them, and then at the end be told that we cannot be given the testimony of the witnesses, because witnesses would not testify if they knew their names were to be given out. Would you, sir, rise in a court of justice and maintain such a proposition as that? The grand jury hears witnesses in secret, but then indictments are presented and the accused party is tried in the

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proper tribunal, and the witnesses who testified before the grand jury must again testify before the petit jury. I want to say here that when a witness tells me that he is willing to testify secretly to facts and take my judgment on them, but that he will not testify if his name is to be given to the party against whom he testifies, I want to say that I should demand corroboration of the evidence of that witness. If a motion is not before this Association as a substitute, then I will move as a substitute that this matter be referred to the Executive Committee, and that they be requested to return findings of fact giving a summary of the facts which they find have been established against this school; such findings of fact as I believe we as lawyers will understand. I make this additional statement, and I trust everyone will believe it, that I do not make it out of any friendliness to the assailed institution, but as an American lawyer remembering the manner of trial in our courts, remembering that our courts supervise private associations, clubs and institutions and require them to give a man's case a hearing before they can arbitrarily expel him.

The President: May I say that, as far as I am personally concerned, we do not intend any discourtesy to the committee; that this is a question of the construction of the Constitution, as to what it means. Now, my understanding of the Articles of Association is that the intention was that the Executive Committee should investigate such cases as this and report the result of their investigation to the Association, and that then the power of expulsion rested with the Association; the intention being that it appears from the statement of the Executive Committee, made to this Association, that there had been such an investigation as would warrant the action of this Association. in expelling that school, and unless you were satisfied from what was offered by the Executive Committee or by the school that an injustice has been done by the recommendation of the committee; then you were to act. Now, that is my understanding of the intention of the Constitution. If we are to proceed as in criminal courts, and try this man's case as we

try a man accused of crime, then do not send this matter to the Executive Committee, but have your trial right here, so that you can see the witnesses, as well as hear them.

William E. Mikell, of Pennsylvania: I object, as a member of the committee, to be placed in the position that it is assumed by some of the gentlemen here the Executive Committee is placed in, of urging the Association to expel any school. I think the issue has been shifted entirely, and that some gentlemen here imagine that the action on this question will be either to sustain the Executive Committee or to condemn it. Now, I do not understand that that is the position that this question is in, or that the Executive Committee should be placed in. The Executive Committee is not on trial.

The President: Was there a second to the substitute offered by Mr. Shepard? The Chair did not hear any. There not appearing to have been a second to it, the question is on the motion made by Mr. Terry.

Seth Shepard: I call for a vote by schools.

The President: Then under the Articles of Association the vote will be taken by schools.

Seth Shepard: I withdraw my request, in order to save time, and let the vote be taken viva voce.

The President: As the request is withdrawn, the vote will be taken by the delegates.

Guy Guernsey: As I represent the school which is concerned, Mr. President, I request that the vote be taken by the call of the schools.

The President: Then the vote will be so taken.

The roll was called, and the motion made by C. T. Terry, of New York, was adopted by a vote of sixteen in favor, to six against.

The President: The motion prevails, and the recommendation of the committee is adopted.

Is the committee appointed on the matter of establishing an American Law School Review ready to report?

H. S. Richards, of Wisconsin: One of the members of that committee is not present, but Mr. Huffcut and myself are here. Upon investigation we found that the attitude of various members of the Association was rather lukewarm, and for that reason we did not put the project through last year, and agreed to re-submit it to the Association. Both Mr. Kirchwey and myself have felt that there is a field for such a magazine, provided it is properly handled, and agreed that we report favorably, with the additional suggestion that if the Association feels that the project is one to be carried through, the same business propositions that were submitted to us last year are still open for our acceptance.

On motion, the report of the committee was received.

Seth Shepard: I move that the matter be now laid on the table, or put over to another meeting of the Association, so that in the meantime we may have an opportunity to consider it fully.

The motion was seconded and adopted.

Seth Shepard: In order that we may avoid the embarrassment we have been in during the last half-hour, it seems to me there ought to be an amendment, or a re-statement of the section with reference to the expulsion of members, and I therefore move that a committee of three be appointed by the Chair to re-state that provision of the Constitution in such a way that we may all known in the future what ought to be done when such a matter as this comes up.

The motion was seconded and adopted.

The President: The Chair will announce the names of that committee later, and hand them to the Secretary.

Is the committee appointed with reference to the memorial submitted by Professor Wigmore ready to report?

John H. Wigmore, of Illinois: There is a long report and a short resolution, on which your committee would like to ask the sense of the meeting. The report is signed by Mr. Mikell

and myself, the third member of the committee being in Europe.

(The report follows these Minutes.)

John H. Wigmore: We ask you to authorize the appointment of a committee, and merely to have the privilege of using the prestige of the Association's name, without any pecuniary responsibility being incurred on the part of the Association.

W. E. Walz, of Maine: I second the adoption of that resolution.

E. W. Huffcut, of New York: I think this is an important work, and if done by this Association I think we shall all be much benefited by it, and I therefore cordially support the motion to adopt the resolution.

The resolution was adopted.

The President: I now call for the report of Dean Ames, who was appointed a committee to see Mr. Carnegie with reference to certain funds which it was desired to obtain in connection with some matters.

John H. Wigmore: Dean Ames was obliged to leave, and he commissioned me to report that he had deferred the matter until other enterprises should be further along and the necessity should be made to appear more plainly than just at present; but in the meantime he is very anxious that the following resolution should receive the sanction of this Association.

Resolved, That the future of the study of American legal history demands an immediate undertaking of the preparation of a check list (or short title bibliography) of the materials bearing on the law of the American Colonies before 1776;

2. That for the purpose of organizing this work and securing the co-operation of all branches of scholarship interested, a committee of four be appointed by the President of this Association, to confer with similar committees from the American Library Association and the American Historical Society, and in joint action with these committees to organize the work

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