Thomas Mackenzie, of Maryland: I want to have that subject recommitted to the committee. I hardly think it is fair to me that the report which is not a printed report should be passed on in this way. I move that the matter be recommitted to the committee in order that it may be reported upon regularly. The President: Is the motion seconded? F. M. Porter, of California: I second the motion. The motion was carried. The report of the Committee on Judicial Administration and Remedial Procedure was then submitted by Henry D. Estabrook, of New York, Chairman of the committee, who moved that the report be received and its recommendations be adopted. Amasa M. Eaton, of Rhode Island: It gives me pleasure to second the motion. The subject of court procedure and the reformation of legal procedure should be in the hands of the courts. This subject has been before the Commissioners on Uniform State Laws. The great difficulty has been that to accomplish anything in this subject, concurrent action by the Congress of the United States and by the legislatures of the various states was required, and this seems to be the first step towards securing such concurrent action. Ernest T. Florance, of Louisiana: I suppose the system of procedure in the State of Louisiana would be affected-I may say fundamentally changed-by the adoption of this resolution. Nevertheless, I no not believe for myself, coming from that state, that we would wish to obstruct a change which would unify the practice of law throughout the United States. It is a broader question than is the question of the effect of the law upon a local system. For that reasonalthough in almost every particular, I think, it will work a change in the federal practice in Louisiana on the law side of the court-I heartily second the resolution. The President: All who are in favor of the motion that has been made will signify the same by saying aye; opposed, no. It is carried. The Assistant Secretary then read, by direction of the President, the following communication : New York, August 24, 1912. Hon. George Whitelock, Sec'y American Bar Association, Hotel Pfister, Milwaukee, Wis. DEAR MR. WHITELOCK: My engagements will keep me from attending the session of our Association. Will you do me the favor to present the following resolution and ask its adoption: "WHEREAS, President Taft in his address to this Association in Boston last year expressed his approval of its action in respect of an increase of the salaries of our federal judges and that he would be willing to make the matter the subject of a special message to Congress, "Resolved, That he is requested by this Association to send his special message to Congress at its next session accordingly embodying his recommendations." President Taft has communicated with me about this. Owing to the short time since the announcement of the special committee recently appointed by the President of our Association I have not been able to confer with my associates on this committee but shall do so at once if the Association adopts this resolution. President Taft's position is still one of entire willingness to do whatever he can to help. Kindly submit the proposed resolution beforehand to any members of our committee who may be present for their approval. Will you oblige me by obtaining and sending to me the names and addresses of all Presidents of State Bar Associations as far as possible, and ask the aid of all members of our Association in this. Your committee proposes to make this fight nationwide, right from the shoulder, and to keep it up until we win. With best wishes for a very successful convention, I am, Very sincerely yours, (Signed) EDWARD A. SUMNER, Chairman of the Committee on Increase of Salaries of Federal Judges. Israel Cowen, of Illinois: I move the adoption of the resolution submitted by Mr. Sumner in his communication. E. T. Lee, of Illinois: I second the motion. James O. Crosby, of Iowa: I am opposed to it. It seems to me that the President of the United States ought to have sufficient influence with the Congress of the United States without calling upon this Association to assist him to work his message through Congress. The President: Are you ready for the question? W. A. Ketcham, of Indiana: I am also opposed to this resolution. I am opposed to a committee having had a duty imposed upon it that does not meet, that does not consider, that does not even come here to father its own resolution, but simply sends a letter in which it asks us to instruct the President of the United States in regard to his duties. I think the President of the United States may be permitted to perform his duties without the approval or the endorsement of the American Bar Association. I think the Congress of the United States may be permitted to inquire as to what it ought to do in order to do justice to a very high and distinguished body of men. I am not in favor of these lawyers who practice before these judges attempting to commit this great Association to an increase of the judges' salaries. I think the President of the United States and Congress can consider those questions and settle them. I do not believe that we ought to be occupying the position of asking the President of the United States and Congress to do something for the courts of which we are officers. I do not believe it is consistent with the dignity of the Bench or the dignity of the Bar to have these matters coming before us, and I hope this Association will not undertake to do those things. We have got too many things that we ought to do. Therefore, I trust that the resolution will not pass. It is smuggled in here, it does not come before us properly, and, therefore, I move to lay it on the table. James O. Crosby, of Iowa: I will second that motion. The President: I wish to make a statement in exoneration of Mr. Sumner, the Chairman of the committee. The record of our proceedings was a little obscure to me, and I did not understand that it was my duty to appoint a special committee until it was called to my attention by Mr. Meldrim through the Secretary's office and that comparatively recently. That is the reason why the committee did not get together and make a report; I am responsible for the delay and no blame should be placed on the committee. Amasa M. Eaton, of Rhode Island: In view of the explanation of the President, I suggest that it would be much wiser to recommit this matter. The President: Discussion cannot be permitted on a motion to lay on the table. Joseph B. David, of Illinois: I think something ought to be said on the other side of the question, and I move that an opportunity to discuss it be given. The President: The motion is not in order. Joseph B. David, of Illinois: I ask unanimous consent. I want to say something in defence of the lawyers who practice before these judges. The President: Parlia You will have an opportunity to do that, but not now. mentary rules must be adhered to, and the question before the house is on the motion made by the gentleman from Indiana to lay this report and the resolution contained in it on the table. The motion to lay on the table was lost. Amasa M. Eaton, of Rhode Island: I move that this matter be recommitted to the special committee. M. A. Hurley, of Wisconsin: I second the motion. Joseph B. David, of Illinois: I move as a substitute that the resolution be adopted. Amasa M. Eaton, of Rhode Island: I submit that the substitute is out of order; it is not in accordance with our rules to consider a resolution submitted by a committee whose report is not in print. The President: I think that rule only applies to the reports of standing committees. Be that as it may, I wish the gentleman would permit Mr. David to be heard for a moment. Amasa M. Eaton, of Rhode Island: There is no reason why this Association should not recognize the fact that the judges of the federal courts are under-paid, and I see no reason why a lawyer who practices before those judges should not in this presence recognize the fact and urge any committee and this Association as a whole to do something, so that the highest class of men in our profession might aspire to become judges of the federal courts. It is pretty nearly time that we recognize that in order to get good judges we ought to give them adequate salaries, and this Association ought at this time as one man to declare that it is in favor of Congress and the President of the United States seeing to it that the federal judges are properly compensated. Therefore, I move as a substitute for the pending motion that the resolution be adopted. |