Mr. Breed: Now, Mr. President, we wish to submit this report. should say that since the making of the report there has been one death of a candidate named on the Committee on Law Reform, Mr. Van Sickle of Auburn, and after this report is presented, if there is any gentleman here from that district who will be good enough to make a nomination in substitution of the name of Mr. Van Sickle the Committee would like to have that done. Mr. Chairman, I present this report. Mr. Sutherland: Mr. Chairman, if it is now in order, because of the death of Mr. Van Sickel, and in the absence from this meeting of Judge Remington, who represents the 7th Judicial District in the Committee on Nominations, I would suggest the name of Mr. John M. Brainard, of Auburn, in place of Mr. Van Sickel. Mr. Dykman: Mr. John M. Brainard is nominated. Are there any other nominations, or any other names? If not, the nominations will be closed. (After a pause.) As many as are in favor of the nomination of Mr. John M. Brainard-as I understood it, the Chairman of that Committee, wishes that nomination filled now Mr. Breed: I think, Mr. President, those are only the nominations of these names. Mr. Dykman: By your Committee. Mr. Breed: For election by the Association. Mr. Boston: Have you overlooked the Committee on Arbitration? It is the next in order. Mr. Dykman: Well I will take that next. Since I have called on you we will proceed with the other Committee next. Mr. Dykman: The next order of business is the report of the Committee on Proposed Legislation Relative to the Commitment and Discharge of the Criminal Insane. Mr. Leavitt is the Chairman of that Committee. Is there any member of that Committee here at present to report, and if not we will pass to the next? (After a pause): The next report is the report of the Committee on Uniform State Laws. REPORT OF COMMITTEE ON UNIFORM STATE LAWS To the New York State Bar Association: The recommendations embodied in this report summarily stated, are as follows: 1. For the continuance of this Committee. 2. For an annual appropriation by the Executive Committee, of not to exceed $250, as a contribution to the Conference of Commissioners on Uniform State Laws. 3. To request a report from the Commissioners from New York, prior to our next annual meeting, of the advantages of enacting in New York those of the uniform laws not already adopted. 4. To recommend to the New York Legislature that it make an appropriation for a contribution to the expenses of the Conference, which originated through the legislation of New York, such appropriation to be at least $500 and preferably $1,000. The Committee on Uniform State Laws reports: I Since the last annual meeting, the former Chairman of this Committee, Mr. Charles Thaddeus Terry, has died. Mr. Terry was for eighteen years (since 1905) a Commissioner from the State of New York to the National Conference of Commissioners on Uniform State Laws. He was its Secretary for five years and its President for three years, and rendered conspicuous service in the counsels of the Conference, as well as to this Committee and Association. His loss is keenly felt. His place among the Commissioners has been filled by appointment, by the Governor of the State of New York, by the designation of Edward Ward McMahon, Esq., of New York City, a member of this Association. II The laws of New York (State Boards and Commissions Law, Art. 4, §§ 40-43), provide for the payment as a State charge of the expenses of the Commissioners from New York; they serve without compensation. The present Commissioners from this State (all members of this Association) are: George G. Bogert, Esq., of New York City (the Secretary of the Conference); Carlos C. Alden, Esq., of Buffalo, and Mr. McMahon above named. The Conference is composed of Commissioners appointed by legislative or executive authority from the States, the District of Columbia, Alaska, Hawaii, Porto Rico and the Philippine Islands. It was organized at Saratoga Springs, New York, in 1892, and has since held annual meetings. Its last annual meeting was at Minneapolis, Minnesota, in August. 1923. Its purpose is to promote uniformity of legislation on subjects of general interest throughout the United States. In the years of its existence it has performed very valuable labor in formulating typical laws, for adoption by State legislatures, on many subjects. Its Uniform Negotiable Instruments Act has been adopted in 51 out of 53 jurisdictiors cf the United States; its Uniform Sales Act in 27; its Uniorm Warehouse Receipts Act in 48; its Uniform Bills of Lading Act in 26, and its Uniform Partnership Act in 16. It is one of the complexities and perplexities of our dual system of Government, that, though we are a homogeneous people, our laws and our statutes, even in relation to matters of common characteristics, should present great diversity, usually in minor particulars; but these diversities are often pitfalls that await ordinary transactions between citizens of different States. The Conference has endeavored to offer to all of the jurisdictions a most carefully prepared common type of legislative act upon certain subjects which will eliminate these diversities. And in many instances, of which the above figures are illustrative, its work gratuitously undertaken has been rewarded by legislative adoption. Its progress is slow. The necessary expenses of such a Conference are substantial. The American Bar Association has been generous in contributing to its needs. Some States make legislative appropriations; New York, though it has freely availed itself of the advantages of the work of the Conference, has been satisfied to meet the actual expenses of its own Commissioners, but in recent years has contributed nothing directly to the cost of the Conference. We are advised that while no part of the appropriation by the State has been directly assigned to this purpose, the Commissioners from this State, have repeatedly devoted a sum of five hundred dollars ($500) out of the aggregate appropriation, to the expenses of the Conference, and such act of the Commissioners has been allowed, but they are now informed that an appropriation to the expenses of the general Conference must be directly made, and they have requested that there be placed in the annual appropriation bill at the coming Legislature of New York the sum of one thousand dollars ($1,000). The Commissioners, we understand, would welcome an expression in this report that such an appropriation should be made by the Legislature and that a recommendation to that effect be made by this Association at its coming annual meeting. We accordingly advise such recommendation. It would seem that the State has enjoyed and may expect to enjoy sufficient benefit from the activities of the Conference of Commissioners to justify this expenditure. To meet the necessities the Conference has endeavored to secure contributions from State Bar Associations in those States which refrain from helping in its support. Correspondence with its Chairman indicates a hope that this Association will make an annual contribution of two hundred and fifty dollars ($250). At the last annual meeting of this Association, the former Chairman of this Committee stated that he had made application for $500 to the New York State Legislature (Report 1923, Vol. XLVI, p. 87), deemed its fair share of expenses. We are advised that no action was taken. But on the suggestion of the Treasurer of this Association that he thought this Association, being the largest and perhaps the most interested, might well afford to contribute at least two hundred and fifty dollars to the work of the Conference, the Executive Committee in its discretion was authorized to appropriate not to exceed $250. Inquiry of the Chairman of the Executive Committee and of the Chairman and Secretary of the Conference fails to show that any contribution was made. The hope above mentioned still abides. We therefore recommend: that this Association authorize and request its Executive Committee to appropriate two hundred and fifty dollars, or so much thereof as in its discretion is deemed necessary, for the purposes of the Conference; and that without further authority, a similar appropriation similarly determined shall be made annually. III At the last, annual Conference no Acts were approved, though progress was made in the formulation of Uniform Acts upon the following subjects: Mortgages, Chattel Mortgages, Arbitration, Joint Parental Guardianship, Attendance of NonResident Witnesses, Sales of Securities. The situation therefore remains as it was at our last annual meeting, when this Association passed resolutions continuing this Committee and recommending to the Legislature for enactment a Uniform Fiduciaries Act and a Uniform Aviation |