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b. Number of cases dismissed on motion, 29.

c. Number of cases on calendar dismissed under Rule XV, 0.

d. Number of cases dismissed under Rules I and VI, 4.

e. Number of cases dismissed on consent: returns filed, 14; returns not filed, 8.

f. Number of contested motions determined, 337.

g. Number of uncontested motions, 67.

h. Number of cases remaining on the calendar of the Court on its adjournment December 10th, 1923, not ready for argument, 19.

i. Number of cases pending not on the calendar and not ready for argument, but filed, 28.

j. Number of cases added to the calendar since the date of the last adjournment, 3.

In our annual report to the Association at its last annual meeting, we commended the exceptionally able and comprehensive report to the Legislature of the Judiciary Constitutional Convention, which had been endorsed by this Association at its preceding annual meeting. Unfortunately the Legislature, for reasons not necessary here to discuss, declined to submit them to the electors of the State; it is evident that the present Legislature will follow the example of its predecessor. It will be idle therefore for the Association at this meeting to make any recommendation regarding them desirable as their adoption and incorporation in the fundamental law is and imperative as it soon will become.

The number of inquiries addressed by members of the profession to the Chairman of your Committee for information as to the work of the Court of Appeals, demonstrates the importance of a Committee whose duty annually it shall be to ascertain and report to the Association detailed information. as to the accomplishments of that Court.

Your Committee still is of the opinion stated in its last report, that the collation of data relative to the work of the

Supreme Court in all its branches well might be provided for by legislative enactment. The Association is without the power to collate it, being impotent to compel compliance with a request for information, and powerless otherwise to secure it.

We advise that the Committee be continued or a similar one be appointed under the designation simply of a Committee to confer with the Court of Appeals, and we move the adoption of the following resolution by a rising vote of the members of the Association:

Resolved, That the New York State Bar Association extends to the Judges of the Court of Appeals and to the People of the State of New York, this expression of its profound appreciation of the untiring devotion of the members of that august tribunal to the discharge of the important duties entrusted to them by the people, and devolved upon them by the Constitution and the Laws.

All of which is respectfully submitted.
Dated, January 1st, 1924.

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You have heard the motion, that we carry the motion by a rising vote to commend the Court of Appeals for the way

in which they have cleared their calendar-to put it in a short

way.

(Applause, all members standing.)

The Chair:

The Chair observes no gentleman unable to get up. It is unanimously carried.

Mr. Lytle:

The State Tax Commission has requested this Association to appoint a committee to co-operate with the Commission in the consideration of its regulations and procedure. Therefore I move you at this time that the President appoint such a

committee.

The Chair:

You have heard the motion of Mr. Lytle. Is it seconded? I hear it seconded. It is moved and seconded that the President of this Association appoint a committee of seven to confer with the Tax Commissioners in reference to their work. All in favor of the motion will signify by saying Aye; contraryminded, No. The motion is carried.

Mr. Earp:

Mr. Chairman, I move that a committee be appointed to look into the various propositions to amend the Constitution of the United States and to report to this Associtaion and to the Executive Committee, that proper action may be taken. I am advised that there is now pending a proposal to so amend the Constitution as to take away from a State the right to control its finances, and that, to curb, municipal extravagance, Congress is to control, by prohibitory taxation, the issues of bonds of a municipality to build a court house or fix a road. I think we should take notice of that. Our President yesterday gave an instructive address on the Home Rule Amendment in this State, and it brought home to your mind, as it did to mine, that this Association has paid no attention to this so-called amendment of our State fundamental law.

Now, we may well talk about it, but are we to be unmindful of a proposition at Washington to take away all vestige of

home rule as far as finances are concerned? I suggest a committee of five.

The President:

You have heard the motion.

Mr. Henry W. Taft:

Will the gentleman state his motion again?

Mr. Earp:

Well, I have no particular form of motion.

A Member:

Are not motions of this character to be reduced to writing? Mr. Taft:

"All constitutional amendments now pending in Congress?" Mr. Earp:

I said to look into and report upon all constitutional amendments now pending in Congress.

Mr. Taft:

I think our President informed us yesterday-perhaps it was Senator Beveridge-that there were pending between seventy and eighty amendments to the Constitution. I do not want to be on that committee, if they have to investigate and report on all those amendments. If the gentleman's motion is directed to this particular amendment which imposes certain conditions in relation to the issue of bonds by municipal corporations, I think that is a very proper subject for investigation by some committee of this Association; but if it is to extend to all these amendments, it seems to me it is rather a large contract.

Mr. Earp:

The larger the contract the more important the work. We heard a most inspiring address last night upon our duty and it seems to me this is a most important thing, that we should become informed of what wild-cat schemes there are in Congress, and if there are five hundred of them, we ought to be told of them.

Mr. Taft:

Well, in view of the limitation upon the activities of this Association, on account of its essential nature, no report can be made on this subject for a year. We can call a special meeting, but upon which of these amendments? If all are equally important, are we to have a special meeting about all of them? If the gentleman has in mind some particular amendment

The President:

The Chair understood the suggestion had reference mainly to this over-riding of the issuance of municipal bonds, and perhaps if the gentleman would restrict his motion to that particular topic, then I understand Mr. Taft perhaps would second it.

Mr. Earp:

I should then move to amend it.

Mr. Taft:

Either I misunderstand the purport of that amendment, or he does; that amendment does not restrict the power of municipalities to issue bonds or other securities, but merely removes the exemption from taxation of those securities when issued.

The President:

The only motion before the House, so far, is the motion to have a committee of five appointed to look into that municipal bond amendment.

Mr. Earp:

I make an amendment, a committee to report to this Association at such time as may be found proper, on all of the proposed constitutional amendments. It seems to me we ought to rise to the occasion, the necessity and danger of which was pointed out last night. Here is something practical to do If there are seventy wildcat schemes before the Congress, let us be informed of them. If there are five hundred there are five hundred more reasons for our information, so that we can be suffered to do something.

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