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REPORT

OF THE

EXECUTIVE COMMITTEE

MILWAUKEE, WIS., August 27, 1912.

The Executive Committee respectfully reports that under the last clause of Art. IV of the Constitution, providing for the election of members by the Executive Committee between meetings when nominated by a majority of the Vice-President and Local Council, 564 new members were elected.

The committee further reports that in accordance with By-Law XII appropriations were made for the use of the committees of 1911-1912 not exceeding the following amounts:

$900 to Comparative Law Bureau.

$1000 to Commissioners on Uniform State Laws.

$750 to Committee to Suggest Remedies and Formulate Proposed Laws to Prevent Delay and Unnecessary Cost in Litigation.

$250 to Committee on Patent Trade Mark and Copyright Law.

$350 to Committee on Commercial Law.

$250 to Committee on Compensation for Industrial Accidents and their Prevention.

$250 to Committee on Legal Education and Admissions to Bar.

$500 to Committee on Taxation.

$250 to Committee on Insurance Law.

$600 to Committee to Oppose Judicial Recall.

$750 to Section of Legal Education.

Total appropriations, $5,850.

Certain bills for expenses incurred by members of the Committee on Patent Law aggregating $848 in excess of the allow

ance made to that committee were considered by the Executive Committee. Being bound by the By-Laws limiting expenses to the appropriations authorized in advance, the matter of such excess expenditure is hereby referred to the Association with the recommendation that the Executive Committee be authorized to appropriate an amount sufficient to pay such excess, inasmuch as the expenses were incurred in carrying out the directions of the Association.

The committee appropriated $500 to be paid by the Treasurer of this Association to the Association for the Preservation of Virginia Antiquities to be applied toward the expense of preservation of the John Marshall Home in Virginia.

It was resolved that the Executive Committee recommend to the Association the establishment of a law journal under the auspices of the Association and that full power be given the Executive Committee to act in the premises.

It was resolved that every application for membership in the Association shall be accompanied by a remittance for the applicant's annual dues, and if the member is elected subsequent to May 1, the remittance shall be applied to his dues beginning with the following annual meeting.

It was resolved that the following amendment to the By-Laws be recommended to the Association for adoption:

"AMENDMENT TO ART. VI OF THE BY-LAWS.

"Make first sentence of Art. VI read: All papers read before the Association or any Section thereof, shall be lodged with the Secretary and become the property of the Association, and shall not be published without the consent of the Committee on Publication, unless by the express direction of the Executive Committee, except as herein otherwise provided for."

It was resolved that the President be authorized to appoint a Committee on Publicity to furnish the Press with information as to the proceedings of the Association and of the work of the committees, the same to continue until the annual meeting of the Association of 1912: And it was further resolved that the Executive Committee recommend to the Association that it authorize a standing Committee on Publicity.

It was resolved that the President be authorized to appoint a Committee on Increase of Membership the same to continue until the annual meeting of the Association of 1912: And it was further resolved that the Executive Committee recommend to the Association that it authorize a standing Committee on Increase of Membership.

Respectfully submitted,

S. S. GREGORY,
EDGAR H. FARRAR,
GEO. WHITELOCK,

FREDERICK E. WADHAMS,

RALPH W. BRECKENRIDGE,

LYNN HELM,

JOHN HINKLEY,

HOLLIS R. BAILEY,

ALDIS B. BRowne.

Executive Committee.

SPECIAL REPORT

OF THE

EXECUTIVE COMMITTEE CONCERNING THE VOTE BY THE COMMITTEE TO ELECT MESSRS. WILLIAM H. LEWIS, BUTLER R. WILSON AND WILLIAM R. MORRIS TO MEMBERSHIP IN THE ASSOCIATION, AND THE RESCISSION THEREOF.

To the American Bar Association:

The Executive Committee hereby reports as to its action in the matter of Mr. William H. Lewis and Mr. Butler R. Wilson of Massachusetts and Mr. William R. Morris of Minnesota.

The provision of the constitution of the Association regulating the election of members by the Executive Committee is as follows: "During the period between the annual meetings, members may be elected by the Executive Committee upon the written nomination of a majority of the Vice-President and members of the Local Council of any state." (Art. IV.)

And the provision of the constitution prescribing the qualifications of candidates for admission is as follows:

"Any person shall be eligible to membership in this Association who shall be, and shall, for five years next preceding, have been a member in good standing of the Bar of any state, and who shall also be nominated as hereinafter provided." (Art. II.)

The Executive Committee voted to elect the above named persons to membership upon the recommendation of the Local Councils of their respective states, as follows, viz.: Mr. William H. Lewis in August, 1911, Mr. Butler R. Wilson in June, 1911, and Mr. William R. Morris in October, 1911. They are all three colored men.

The names of Mr. William H. Lewis and Mr. Butler R. Wilson were reported by the committee to the annual meeting of 1911 as elected by the committee to membership in the Association. The name of Mr. William R. Morris was not so reported, inasmuch as the Executive Committee did not vote to elect him until after the annual meeting held on August 29, 30, 31, 1911.

No member of the committee who voted upon the election of any one of the three above named persons had any knowledge of the race of the candidate when so voting, or when the names of Messrs.

Lewis and Wilson were reported to the annual meeting of 1911, as far as the committee has been able to ascertain.

On January 4, 1912, the committee having learned the race of Mr. Wm. H. Lewis, a resolution was passed by the committee, after due notice to him, reading as follows, viz.:

"W

WHEREAS, This committee, in ignorance of material facts, did vote to elect as a member of this Association Mr. W. H. Lewis, of Massachusetts;

Be it Resolved, That the action of this committee in so voting on the nomination of Mr. W. H. Lewis, of Massachusetts, for membership in the American Bar Association be reconsidered and rescinded, and his name be restored to the list of nominees to be acted upon by the General Council at its next meeting;

And be it Further Resolved, That the dues of Mr. Lewis be either refunded to him or retained, pending the action of the General Council on the nomination, as he may elect; and that the Secretary send to Mr. Lewis a copy of these resolutions."

No action was taken by the committee on January 4, 1912, to rescind the vote upon the election of Mr. Butler R. Wilson or the vote upon the election of Mr. William R. Morris, because the committee had no knowledge of their race until some time thereafter. On August 12, 1912, their race having become known to the committee, two resolutions were passed by the committee, after due notice to them, reading as follows, viz.:

As to Mr. Butler R. Wilson as follows:

"WHEREAS, This committee, in ignorance of material facts, did in June, 1911, vote to elect as a member of this Association Mr. Butler R. Wilson, of Massachusetts;

Be it Resolved, That the action of this committee in so voting on the nomination of Mr. Butler R. Wilson, of Massachusetts, for membership in the American Bar Association be reconsidered and rescinded, and his name be restored to the list of nominees to be acted upon by the General Council at its next meeting;

And be it Further Resolved, That the dues of Mr. Wilson be either refunded to him or retained, pending the action of the General Council on the nomination, as he may elect; and that the Secretary send to Mr. Wilson a copy of these resolutions." As to Mr. William R. Morris as follows:

"WHEREAS, This committee, in ignorance of material facts, did in October, 1911, vote to elect as a member of this Association Mr. William R. Morris of Minnesota;

Be it Resolved, That the action of this committee in so voting on the nomination of Mr. William R. Morris, of Minnesota, for

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