ÆäÀÌÁö À̹ÌÁö
PDF
ePub

at this time and place. This is not a compromise, but it is a resolution upon which we can all meet without any waiving of rights or views or opinions or convictions.

I move the previous question.

John C. Richberg, of Illinois:

I second the motion for the previous question.

W. A. Ketcham, of Indiana:

I object. The call for the previous question cuts off debate, and this Association has never recognized it.

The question on the adoption of the resolution having been put was declared carried.

A. E. Pillsbury, of Massachusetts:

I raise the point of order that the Chair has not put the question on the motion which was made which was a call for the previous question, but instead thereof has put it on the resolution itself.

Francis F. Kane, of Pennsylvania :

Will the Chairman put the question again, so that we can vote on it understandingly.

Hiram Glass, of Texas:

I want to vote on the merits of the question, and that is what should be put before the house.

The Chairman:

I will put the question. All in favor of the resolution will say aye; all opposed, no. The resolution is carried.

A. E. Pillsbury, of Massachusetts:

A point of order. The previous question having been demanded the pending motion before the house was: Shall the previous question be ordered. The Chair has not put it to a vote, and on that motion I desire to be heard.

H. C. Hall, of Colorado:

The Chair has declared the resolution carried. Therefore I submit further debate is out of order.

George W. Bates, of Michigan:

Under the call for the previous question there can be no debate.

W. A. Ketcham, of Indiana:

I want to inquire if in this Association of American lawyers we have ever recognized the right to demand the previous question.

James O. Cresby, of Iowa:
Oh yes, we have.

W. A. Ketcham, of Indiana:

I say we never have. I claim that the previous question being out of order, the Chair called for a vote on the main question, which was the resolution offered by Mr. Dickinson.

Joseph B. David, of Illinois:

1 want to be recorded as voting "no" on that resolution. Ralph W. Breckenridge, of Nebraska:

I move that we adjourn.

Lynn Helm, of California:

I second the motion.

The Chairman:

The matter is a closed incident, and the question before us now is the motion to adjourn.

The motion was carried and the Association adjourned to 8 P. M. the same day.

EVENING SESSION.

August 27, 1912, 8 P. M.

The Association was called to order by the President.

Joseph B. David, of Illinois:

I have a resolution to offer and then wish to move its reference to the proper committee. It is as follows:

WHEREAS, Every person indicted for a criminal offence or against whom is filed an information charging the commission

of a crime should be entitled as matter of right to a copy of the accusation without cost and also the names and addresses of the witnesses on whose testimony the indictment was found or information filed and also to a list of the jury which may be called upon to try the accused; and,

WHEREAS, Section 1033 of the Revised Statutes of the United States provides:

"When any person is indicted of treason, a copy of the indictment and the list of the jury, and of the witnesses to be produced on the trial of the indictment, for proving the indictment, stating the place of abode of each juror and witness, shall be delivered to him at least three entire days before he is tried for the same. When any person is indicted of any other capital offence, such copy of the indictment and list of the jurors and witnesses shall be delivered to him at least two entire days before the trial."

Now, therefore, be and it is hereby resolved by the American Bar Association that said Section 1033 ought to be amended by adding thereto the following:

When any person is indicted for any criminal offence or against whom has been filed an information charging a crime or misdemeanor, a copy of the indictment or information shall be furnished him without cost at the time of or before his arraignment or before he is called on to plead to such indictment or information, and the names and addresses of the witnesses appearing before the Grand Jury, in case of an indictment, shall be endorsed on the back of such indictment, and in case of an information the names of the witnesses so far as known to the District Attorney at the time of the filing of such information. shall be endorsed on the back thereof. Every person charged with a criminal offence other than capital shall be furnished with a list of the jury and witnesses to be produced on the trial, so far as the same may be known to the District Attorney, at least cne entire day before trial.

And be it further resolved, that a bill substantially embodying the foregoing amendments be presented to Congress by and through the proper committee of this Association at the earliest. reasonable opportunity, and that such committee use all necessary and proper effort to secure the passage of such bill.

The President:

Under a standing rule, no motion is necessary. The resolution will accordingly be referred to the Committee on Judicial Administration and Remedial Procedure.

Charles Henry Butler, of New York:

On behalf of the Committee on Compensation for Industrial Accidents and their Prevention, which committee should properly report tomorrow, I ask permission to make a very brief statement tonight as it appears to be impossible, to my very sincere regret, for me to remain over tomorrow.

The President:

Your report may be received this evening.

Charles Henry Butler, of New York:

The committee has made a very brief report in which it states that it has, during the past year, met with the members of the similar committee of the Civic Federation and also those of the similar committee of the Commission on Uniform Laws, but it is not yet ready to report and recommend any exact form of law to the Association for action. Therefore, the committee simply reports progress and asks leave to make its further report at the next session of the Association. I should like to put it in the form of a motion, and also to request that the committee consist of six members instead of five, for the reason that, as the President will remember, there were six members named in the list, although the original resolution only called for five. The sixth member, Prof. Freund, of Chicago, has been rendering very valuable service to the committee and we all unite in asking that the committee be made to consist of six members in the future.

I move that the committee's report be received now; that the committee be continued to make its report at the next session of the Association, and that it consist of six members instead of five.

Oscar R. Hundley, of Alabama:

I second the motion.

The President:

The Constitution and By-laws provide that the President shall appoint the committees. I do not know, therefore, whether it is competent to continue its personnel, but as the committee is a

special committee it can be continued, and the question of its .constitution can be taken up by my successor.

Charles Henry Butler, of New York:

If the number, then, could be increased to six without mentioning their names.

The President:

Very well. All in favor of the motion, that the Committee on Compensation for Industrial Accidents and their Prevention be fixed at six in number, and that the committee report with recommendations at the next session of the Association, will signify the same by saying aye; those opposed, no. The motion prevails.

Charles Henry Butler, of New York:

I ask that the motion just adopted, be made, so to speak, nune pro tunc as of the last meeting, and that the choice of Prof. Freund be ratified so that he may be made a member of the committee.

The President:

I hardly think it necessary. Prof. Freund is, I think, a member of the committee.

(See the Report in the Appendix, page 567.)

George Whitelock, of Maryland:

I should like to present the report of the Committee on the Bills Concerning the Courts of Admiralty. One of the three bills became a law by the signature of President Taft in June, 1910. The other two relate respectively to the right to recover damages for death by negligence at sea, and the right to sue the United States for damages caused by collisions with national vessels.

We had a hearing before the Judiciary Committee of the House of Representatives on August 6, 1912, particularly on the death statute. We were unable to get a report at the present session of Congress owing to the plethora of business. We ask in our printed report, that the special committee be continued with

« ÀÌÀü°è¼Ó »