The above report is concurred in by Judge Hughes, Judge Parker, Deans Alden, Chase, Richardson and Bogert, and by William H. Hotchkiss, Frank Irvine, Adelbert Moot, C. Tracey Stagg, Leslie J. Tompkins, Louis L. Waters, John Whalen and Michael F. Dee.

Judge Willard Bartlett and Frank L. Polk have not expressed their views.

Harlan F. Stone and Frederick B. Campbell regard themselves as no longer members of the Committee, resigning therefrom, and take no action with regard to it.

Mr. Fiero:

Mr. President, it seems to me that the two reports and discussions might well be brought on together. That is dependent on whether the discussion will be brought on this afternoon. I learned first, at the adjournment, the discussion is to be postponed until tomorrow morning, or that there was a request to postpone it. One of the gentlemen who is to speak upon the side which he has been selected to take, in view of the one year of college education requirement, that requirement is preferable to the two-year requirement, will find it difficult, if not impossible, to be here in the morning, so we are confronted with a little difficulty. We do not want to be at all discourteous to Mr. Wickersham. Won't it be possible to take up this discussion, which is the last thing we have for to-day, these three matters, and hear Mr. Wickersham in the morning?

The Chair:

I don't know, we might hear argument on one side to-daythat reminds me of a case in Judge Barnard's case, which you know about, when Mr. Westbrook went, and his adversary, Mr. Schoonmaker was not there at the early hour, and Judge Barnard said he should proceed, and when Mr. Westbrook protested that his adversary was not there, Judge Barnard said No matter about that; go on," and he placed him on, and after Mr. Westbrook had finished his argument he said, "Motion denied." I don't know what Mr. Wickersham might say if you proceeded to-day and left him until to-morrow. He ought, in fairness, to hear your side of the argument.

Mr. Fiero:

I only want to say, the cases are not parallel, because there are two able gentlemen to prefer the views.

The Chair:

One of the able gentlemen-and he is an able gentleman— said he is not prepared to go on this afternoon. I wish you would arrange it among yourselves. I cannot decide it for you. I have spoken to Mr. Wickersham, indeed, I think I wrote to him, and I said we said to him that this matter would be heard to-morrow morning, and if you can accommodate yourselves to our promises-were they promises? Tentative promises

Mr. Fiero:

We ought not to embarrass the President, certainly, under such a state of affairs as that.

The Chair:

This is a very important subject, Dean Fiero, and I do not think the argument of one side should proceed this afternoon in the absence of gentlemen who are to speak for the other side. I don't want to discommode you, or any of you, and you are scheduled to proceed, and I think you have the right to proceed if you wish to do it, but I think it would be unfortunate for the discussion.

Mr. Fiero:

We do not want to be discourteous to Mr. Wickersham or to embarrass the President.

The Chair:

Then we shall assume you will have the right of way to-morrow morning, at nine-thirty.

Mr. Tompkins:

There are some of us here this afternoon who are prepared to hear all that the gentlemen have to say with respect to Legal Education, and there are some of us who have professional engagements to-morrow morning and can not be here. I see no good reason why the matter should be postponed, and I move you, sir, that we proceed with the regular order.

The Chair:

It is moved that we shall proceed with the argument, on one side of the argument.

(The motion was seconded.)

The Chair:

The motion has been made and seconded. Are you ready for the question?

Mr. Moot:

Mr. President, I rise to say that I hope this Bar Association will show a spirit of courtesy and fair play and vote down the motion.

Mr. Sutherland:

I expect to say a few words in a very imperfect way, against the two-year requirement, but I hope that Mr. Wickersham, who is to lead the debate for the two-year people, will be allowed an ample opportunity to prepare, and I hope he will be present. I trust that this argument may be postponed until to-morrow morning. We are not afraid of a little delay. We want the leader of the two-year movement here.

Mr. Armstrong:

Some of us at considerable inconvenience, have attended to-day, as the gentleman who made the motion said, who have engagements so that we can not be present to morrow morning, in reliance upon the announcement of the program that this subject would be discussed this afternoon. Now, we are not ungenerous enough to feel as my friend has said about our opponents, but the court calendar has been made up, and they are accustomed to attend to the call of the calendar, and we are here at the call to argue this action, and we cannot be here to-morrow. They must give way or we. We are not in default, and they are. I say this should proceed, and there will be enough here to-morrow

The Chair:

You may convince all the people who are here to-day and they may convince all the people who are here to-morrow, and that would be embarrassing, and then the vote would be by the people here tomorrow.

Mr. Armstrong:

I want to rise and urge that the motion of the gentleman be adopted, and that we go as far as we can, and it will be interesting enough before we have done, so that we may have to adjourn, and if we put it of until to-morrow, we may have to break off for a similar reason.

Mr. Wilson:

This court was called for two days and not just for this afternoon, and the gentleman, as a member of the Association, should be here for two days and meet the criticism of Mr. Taft who says that in an association of this kind there should be a full attendance at the meetings.

The Chair:

The question is on the motion that we proceed with this subject at once and that it shall not be delayed until to-morrow morning. That is, that we proceed at once to the debate on the qualifications for admission to the Bar.

Mr. Julius Henry Cohen:

Mr. President, before we vote, I would like to make inquiry: I have never understood that the program printed was an order of business, or a calendar, in any sense, because, as Chairman of Committee, I have been assigned frequently to a different place from the place appearing upon the calendar for me. Is this calendar in any way binding upon this assembly, sir, or are we not engaged in a two-day session, taking up the subjects to suit the convenience of the assembly as well as the gentlemen who have to report to the Committee?

The Chair:

The question is wholly within the control of the Association assembled here, of course. We have, as officers of the Association, perhaps not given due consideration to what has been said here, and we have tentatively said to Mr. Wickersham, as much as we can say, that debates on this question will be adjourned until to-morrow, because we felt that as a leader of one side, doing a great deal of one part of the debate, he should be here and both sides must be heard.

Mr. Cohen:

If you have committed our organization by so doing, you say the calendar is in the control of the assembly, is not it really in the control of the Chairman who wants to suit the convenience of the gentlemen, recognizing that they have different engagements? We have been shifted around, and we have done it over and over again in meetings of the Bar Association, postponing until the following day, and the Chairman has done it without a vote of the assembly. If our Chairman has given the Chairman of the Committee assurance that the subject will be taken up to-morrow, I do not see how we can overrule that by any action we take here now.

The Chair:

Is there any further discussion?

Mr. Wilson:

I move, as a substitute, that the promise of the Chairman to Mr. Wickersham, be complied with.

The Chair:

Mr. Wilson, you state it strongly; the Chairman did not promise and did not feel he had any right to make a promise, but I said to him I had little doubt, or no doubt, or small doubt, I forget the adjective, that the Association would extend the courtesy and privilege to Mr. Wickersham to be here at that time. That is all I have done.

Mr. Wilson:

I assume Mr. Wickersham has relied upon that as a tentative promise, at least.

The Chair:

Gentlemen, are you ready for the question?

Mr. Taft:

Which question is it?

The Chair:

The question is upon the motion of Prof. Tompkins that we proceed at once with the debate on the qualifications for admission.