considered by the committee; were considered by the Association and approved by the Association; were presented to Congress, and, as I understand, have been considered by the Judiciary Committees and have passed at least one branch of Congress.

Now it seems to me if we adopt an amendment of this kind, it would be generally construed as the taking by this Association of a distinctly backward step. I think we should understand what we are doing before we adopt it.

Burton Smith, of Georgia:

I wish to endorse what the gentleman from Missouri has stated, and to add this word. If after careful deliberation we reach one conclusion then let us request Congress to accept it. Indeed, Congress has partially done so.

Ralph W. Breckenridge, of Nebraska :

I wish to inform the Association that this very measure has received the endorsement of the Committee on Reform in Legal Procedure of the National Civic Federation, and the work before the committees of Congress has the approval of the National Civic Federation. I would add further, that this bill has had a great deal of consideration by that committee of the Federation in conference with the committees of this Association. Inasmuch as this bill recites a rule which is already the law in a number of the states, if we recede at all from the proposition that is stated in the bill, we will advertise ourselves to the country as a body of men who cannot stick to an opinion two

years.

Robert G. Street, of Texas:

Six states of the union have adopted the resolution read by a representative of the committee upon the recommendation of this Association, and the State of California has adopted it, I understand, by a constitutional amendment.

Oscar A. Trippett, of California:

We have had such a statute on the books in California for a great many years. The court disregarded it and said that it was unconstitutional, and the people amended the constitution. I

want to say to you now that the courts in California disregard rules of evidence and disregard the law in the trial of cases. There are scenes in the court houses like the scenes at the hustings. Now I believe that all cases ought to be tried according to law. If we are going to be governed by law and not by men, let us be governed by law, and when a judge disregards the law in instructing a jury, or in admitting evidence, or in excluding evidence, a verdict obtained under such circumstances ought to be set aside.

Alfred B. Cruikshank, of New York:

In answer to the statement that has been made here that this Association has committed itself to this bill, that is no answer. I have presented arguments here which have not been met(The speaker was interrupted by calls for the question.) The amendment offered by Mr. Cruikshank was lost.

The President:

The question is now on the adoption of the resolution offered by the Chairman of the committee.

L. J. Nash, of Wisconsin:

Will the Chair state what we vote for if we vote in favor of that resolution?

The President:

The resolution is that the committee be continued with the powers heretofore conferred upon it and instructed to take such steps as it shall deem expedient to procure the passage at the next session of Congress of the bills heretofore recommended by this Association as the same have been amended.

Frederick N. Judson, of Missouri:

I would inquire of the Chair if any vote is necessary. Is not this report simply a report of progress which the committee has made, and is not all that is necessary simply to receive the report?

The President:

The Chair thinks a vote is necessary on the resolution.
The resolution was carried.

(See the Report in the Appendix, page 557.)

The President:

The next business in order is the report of the Committee to Oppose the Judicial Recall.

Albert W. Biggs, of Tennessee:

The committee as appointed in August, 1911, consists of one member from each state, but a sub-committee or executive committee was appointed consisting of six members of which Mr. Kellogg, of Minnesota, is Chairman. The full committee met on the 26th of this month, and the report has been printed, but has not been distributed.

I shall not undertake to read the report, but I desire to state briefly the work done by the committee. The committee undertook to enlist the aid of the member of the committee in cach state to oppose in such way as might be thought best the recall of judges. To that end the committee distributed not only to members of the committee, but generally, as I understand it, to members of this Association the various addresses and pamphlets upon the subject which have been issued during the year. In those states where the question is now a burning issue—that is, in those states where constitutional amendments are pending upon the subject of the recall of judges, or where legislation to that effect has been proposed, notably in Arizona, Colorado, Nevada, North Dakota and Arkansas-the committee has been especially active.

The report recognizes that there has been delay in the administration of justice. It also recognizes that in some instances courts have been too technical, and, while it recognizes that it is only technically that a man is entitled to a trial at all, yet it is believed that the unrest as to the administration of the law has been due not to any defects in the character of the judges, or to any want of ability upon their part, or for any other reason personal to the judge, but in most instances because of defects largely in procedure. This Association and other bar associations are taking steps to remedy these defects, and the committee believes that the recall of judges, or of judicial decisions, is unnecessary to stop the unrest which now prevails as to the

administration of the law. The report undertakes to state what would be the effect of the recall of judges and of judicial decisions, but as both of those questions have been put so ably before you and dealt with by a distinguished Senator of the United States in his address tonight, I deem it entirely unnecessary to read to you any portion of the report further than to say that we believe that the committee should be continued and that this Association should lend its aid to its endeavor to stop any further growth of the idea of either recalling judges or judicial decisions. I therefore present the report and with it I offer the following resolution:

"Resolved, That the report of the committee be received and filed and the committee be continued with the same powers and duties as conferred by the resolution of August 31, 1911, under which it was appointed, and that the President be authorized to fill any vacancies in the committee."

I move the adoption of this resolution.

Frank B. Kellogg, of Minnesota :

I second the motion.

The President:

I am not certain, but I am rather of the opinion that these committees as to their personnel expire with each administration.

Albert W. Biggs, of Tennessee:

The resolution only says that the committee be continued. Of course the President is authorized to name a new committee. Perhaps it would be well for me to change the wording of the resolution so that it will read that the President be authorized to name a new committee.

The President:

Let it read simply that the committee be continued.

Walter A. Knight, of Ohio:

It seems to me quite important if this report has been printed that we should each have a copy of it. I would like to know if printed copies are here?

The President:

Yes, sir; printed copies are here and ready for distribution. Frank B. Kellogg, of Minnesota :

I will state that we could not get a meeting of the committee until Monday, and the report was printed Monday afternoon and Tuesday, and 300 copies have been filed with the Secretary. The resolution was carried.

(See the Report in the Appendix, page 574.)

The President:

Next in order is the report of the Committee on Publicity, of which Mr. Boston is Chairman.

Charles A. Boston, of New York:

If my memory serves me right, it is said that in St. Paul's Cathedral there is an epitaph of Sir Christopher Wren in Latin which when translated reads: "If you seek his monument, look around you."

The report of the Committee on Publicity is best indicated by the attention which the local newspapers have given to producing accurate news of the activities of the Association in its deliberations here. I feel that I can assure you that the same accuracy which has been manifested in the local newspapers is shown throughout the United States and that the same interest, though not the same amount of space, has been given throughout the country generally to the activities of this gathering. The reason for that lies in the systematic way in which the Committee on Publicity went about securing in advance the co-operation of the newspapers of this country to an extent which has never hitherto been secured. Never heretofore, so far as I am advised, has there been a Committee on Publicity charged with the duty of enlisting actively the co-operation of the newspapers of the country. For the first time in our history so far as I know this has been done systematically. A printed report, which I shall not undertake to read to you, was prepared in advance of this meeting, and it indicates in a way what we had done to accomplish that systematic activity on the part of the press. We sent