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whose judgment I would not have been willing to submit the simplest controverted political problem. And I know some men who would enthusiastically lead a charge of the most desperate forlorn hope, but who would flee in mortal terror before the demands of a body of weak women armed with the powers of the Nineteenth Amendment. What I have in mind is that wisdom, which not only knows the problem, but which enables the man who knows to solve it for the best interests and for the permanent good of society. And what I have in mind is that sort of courage which enables a man when he has determined what is the right and proper course to take to stand for the conclusion at which he has arrived, whatever may be the effect upon his own personal fortune.
It is that sort of wisdom and that sort of courage which those who know him will tell you have characterized the public utterances, and the long public service of the former Senator, whose address you will listen to this evening. It is with unusual pleasure, that I present to you as the speaker of the evening former Senator Charles S. Thomas, of Colorado.
Charles S. Thomas, of Colorado, then delivered his address.
(See Appendix, page 228.)
The Chairman :
The Chair will recognize Dr. R. Masujima, President of the International Bar Association, of Tokio, Japan.
Dr. R. Masujima, of Tokio, Japan:
I have been commissioned by the Japan Bar Association to present to your Association a “Sakadzuki” or Sake Cup, as a token of the high esteem for your Association held by the Japan Association. We look up to you as the preceptor of Bar Associations, whose example it is the wish of the members of the Japanese Bar to follow in carrying out the ideals of the modern Bar Association.
The cup is used for drinking “Sake,” the Japanese national beverage. It is decorated with the carving of three plants of good luck: “The Pine, the Bamboo and the Plum Tree,” signifying Constancy, Purity and Character, as sung by our poets.
Some doubted of the use of the cup by you in these days of American “ progress,” but if the American Bar Association, influential as it is, cannot have “Sake” imported to your prohibition shores, I am still satisfied with its usefulness for drinking toasts, since pure clear water is, as we say in Japan, the symbol of true friendship.
I hand you, Mr. President, my trust to evidence the wish of the Japan Bar Association of being united, if feasible, with your Association in the International Bar Association,
The Chairman :
Mr. Carson, the acting president of the Association, will respond in behalf of the Association.
Hampton L. Carson:
Dr. Masujima, in behalf of my brethren of the American Bar Association, permit me to thank you and accept the exceedingly handsome token of appreciation that you present to us.
Sir, it is no small token of the new spirit abroad among the nations that you, the President, the organizer of the International Bar Association, a distinguished member of the Japanese Bar, the representative of large American commercial interests in Japan, the collector of books in a great library representing the growth of jurisprudence in the broadest international sense, and also illustrating, by specific feature, of that collection, your realization of the thought that in the great system of American and English common law the acme of the world's jurisprudence has been reached, that you, the embodiment of these aspirations and achievements should cross the miles of ocean that separates our shores to present to us here, upon the banks of the Ohio, in a territory once known as the great Northwest, emancipated in the early days from the conditions of human slavery, this loving cup with its symbol of the pine, the bamboo and the plum tree synonymous of constancy, purity and character. In the name of my associates, sir, I thank you.
I have asked Mr. Piatt to read an address which I have prepared.
W. H. H. Piatt of Missouri then read the address of Dr. Masujima.
(See Appendir, page 245.)
The Chairman :
The Chair recognizes Mr. T. Yamamato, a delegate from the Japan Bar Association.
Mr. Toshimaro Yamamato then read his address.
(See Appendix, page 254.)
The Chairman :
Mr. Carson has a matter that he desires to present to the Association.
Hampton L. Carson :
By direction of the Executive Committee I present to you the following resolution and move its adoption:
Resolved, That the conduct of Kenesaw M. Landis in engaging in private employment and acce ng pri ate emolument while holding the position of a federal judge and receiving a salary from the federal government, meets with our unqualified condemnation, as conduct unworthy of the office of judge, derogatory to the dignity of the Bench, and undermining public confidence in the independence of the judiciary.
Article IV of the Constitution reads as follows: This Association shall be known as the American Bar Association. Its object shall be to develop the science of jurisprudence, promote the administration of justice and uniformity of legislation and of judicial decisions throughout the nation, uphold the honor of the profession oj the law, and encourage cordial intercourse among the members of the American Bar.
Of what use is it, my fellow members, for us to prescribe canons of ethics for the regulation of the conduct of ourselves as active practitioners if we know that a man on whom the judicial ermine has fallen has ethically failed by yielding to the temptations of avarice and of private gain? That a federal judge drawing his salary from the federal treasury to the extent of $7500 a year should yield to the solicitation and the enticement and the practical deception of his own moral character and the sapping of his judicial strength, by taking $42,500 a year from the allied clubs of baseball players is simply to drag the ermine in the mire.
Although it may be that;impeachment proceedings cannot reach him, and that the press is silent because of his power, either
actual or potential, there is one thing he cannot escape, go where he will or live as long as he may, and that is that from every judicial circuit in this union and from every bar in this united country there rises up the withering scorn of the profession against the man who has thus stained its honor.
It is not enough to uphold a state that our political arithmetic should be able to compute its value. Our hearts must hold it priceless, dearer than health, brighter than all the radiance of the stars. Those of us who came here to deliberate upon that which touches the honor of the profession, would go away and hang our heads in shame if we did not rebuke by our united expression of condemnation the conduct of this judge.
John Lowell, of Massachusetts :
Being the son of my father, a respected Judge of the United States Circuit Court, I rise, and, without argument, second the adoption of the resolution presented by the gentleman from Pennsylvania.
William A. Ketcham:
I move, in addition, that the President and the Secretary of this Association send a copy of this resolution to the VicePresident of the United States to be laid before the Senate.
That is anticipating. We will first have to submit the resolution and its passage has been moved and seconded. Is there any discussion ?
James Hamilton Lewis, of Illinois :
I, as is well-known, come from the City of Chicago. I am honored by being permitted membership in this body, and I am equally honored by being a member of the Bar of Chicago. I have been permitted to practice before the judge referred to in the resolution. I naturally have the pride that any Chicagoan has in the judges of the courts in the city where I live. I naturally have solicitude for the honor and the dignity of any man who presides over any court in the State of Illinois at heart. If there be such that have committed acts that should call down upon their heads opprobium and condemnation I would ask that they be excoriated, but I cannot permit myself, as a member of the Bar
of that state, to vote for the resolution presented by my distinguished friend from Philadelphia, without it being given due consideration and all the facts ascertained. Hasty action may do injustice more far-reaching than the mere example of ethics which it is the purpose of the author of the resolution to establish.
I have seen in the public press, as all of you undoubtedly have, the announcement that Judge Landis has received the sum of s money referred to by the very eloquent gentleman from Phila. delphia. I have also seen in the public press, as you all have, that an attempted impeachment proceeding is pending before a Committee of the House of Representatives, and I have also seen that latterly there has been brought a similar charge before a Committee of the United States Senate. I know Judge Landis. I have differed with him much, publicly and privately. Many of his acts may not have always received my approval as a matter of ethics, but as to his character as a man of probity, of integrity, above the temptation of being allured by money, I can assure this body that his reputation is established.
But apart from that, I beg to submit that with all fairness, while he is on trial before two different tribunals, it does not become this honorable body to pass any resolution which shall condemn him without a hearing. It may be that the things referred to in the resolution are true. It may be that they are not true. We who preach equality and fairness and justice should not violate it by taking the presentation against a judge from the newspapers, and upon that sustain a resolution, however high the source from which it emanates, and condemn the man without a trial. That surely cannot be the course of the great American Bar Association.
Therefore, I take the liberty to counter the motion that has been made, and move that the resolution be referred to the appropriate committee I am not sufficiently familiar with the committees of the Association to name which committee that shall be and let that committee pass upon the matter, let it serve due notice upon the alleged culprit that he has been so charged, and let an opportunity be given to him to reply before we give any judgment that any man anywhere may be condemned without a hearing. It is bere that we should by our acts proclaim with Lord Mansfield, “Let justice be done though the heavens fall.”