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manent scientific value in the matter in the appendix to our present report, and in the other appendices which we have submitted to you from time to time—is almost entirely due to the untiring effort of one member of the committee, that distinguished lawyer and legal scholar, Mr. Ernst Freund of Chicago.

I offer the following resolution: Resolved, That the report of the Special Committee be accepted and approved.

Resolved, That the National Conference of Commissioners on Uniform State Laws be requested to examine the recommendations contained in paragraph 16 of the report, with a view to such action as it may deem advisable to take, and, Be it further resolved, That the Special Committee be discharged. I move the adoption of this resolution.

The motion was seconded and carried.

(For Report, see Appendix, page 410.) The Secretary:

I wish to announce that we have here 556 applications for membership in this Association whose names have been examined by the Membership Committee; that they have been certified by a majority of the members of the local councils of the respective states from which they come; that they have been recommended by the General Council this morning for election to membership, and I submit the names without reading them for your action.

R. E. L. Saner, of Texas :

I move you, sir, that the list of names be considered read, and that the gentlemen named be declared elected as members of this Association.

The motion was seconded and carried.

The Association then adjourned until Friday, September 2, 1921, at 10 A. M.


Friday, September 2, 10 A. M. Hampton L. Carson, of Pennsylvania, presided. The Chairman :

The Association will please come to order. The Secretary has some announcements to make.

The Secretary:

There is now in the office of the Secretary the third and final edition of the names of persons registered at this meeting. I am sure that it does not include everybody that is here. We want to say that this meeting at Cincinnati has been the largest in the history of the American Bar Association, and therefore we wish everyone here to register.

The Treasurer, Mr. Wadhams, asks me to call your attention to the dinner tickets which are still on sale, and also to repeat the announcement that in view of the condition of the weather, gentlemen are not expected to wear dress suits.

There will be two meetings of the newly elected Executive Committee: One at four o'clock this afternoon, and the other at nine o'clock tomorrow morning in parlor F, Hotel Sinton. All Chairmen of committees desiring to appear before the Executive Committee and ask appropriations for the coming year are requested to be present.

The Chairman :

I take pleasure now in introducing Hon. Charles S. Whitman, of New York, who will deliver an address to us on the subject of “Unenforceable Law."

Charles S. Whitman, of New York:

Mr. Chairman, members of the American Bar Association, ladies and gentlemen: As those of you who have followed the program know, I am here in a substitute capacity. Mr. Fosdick had arranged to occupy the platform at this session. He was unable to be here and I was invited to come. Mr. Fosdick is in no way responsible for what I shall have to say, although I have consented to take his subject and speak briefly upon it. I, myself, would hardly have chosen that particular subject, for the juxtaposition of those words is very disagreeable to me, and from my own experience and observation, I do not believe there is any such thing as unenforceable law. Mr. Whitman then delivered his address.

(See Appendix, page 260.) The Chairman :

The next paper is entitled the “Illegal Enforcement of Criminal Law," and will be presented by Luther 2. Rosser, of Georgia. Mr. Rosser then delivered his address.

(See Appendix, page 266.) The Chairman:

The next paper is on “ The Adjustment of Penalties," by Judge Marcus A. Kavanagh, of Illinois. Judge Kavanagh then delivered his address.

(See Appendix, page 285.) The Chairman : The Chair will recognize Senator Spencer of Missouri. Selden P. Spencer, of Missouri: I have heard from Mr. Walter George Smith and from Mr. C. A. Severance of the matter about which I wish to speak to you for a moment and that is, that the grave of Salmon P. Chase, in the cemetery of Cincinnati, is unmarked. This morning I went out to verify the truth of the report which they had made, and I found that with the exception of a small footstone level with the ground, the grave of Chief Justice Chase is unmarked.

He was Governor, Senator, Secretary of the Treasury, and Chief Justice of the United States. It has been said that the United States cares nothing about the men who have given their lives to its service. You and I know that this is untrue, and, with your permission, Mr. President, I move that the matter about which I have spoken be referred to the Executive Committee for such action as in their judgment may be deemed wise.

The motion was seconded and carried.

Committee on Uniform Judicial Procedure:

Thomas W. Shelton, of Norfolk, Va.:

Mr. Chairman, our committee has no action to propose to the Association officially, but we do want you to get in touch with our work and what we have been seeking to accomplish. We recommend :

(1) That every member of the Bar Association will immediately communicate with his Senators and Congressmen requesting a prompt report of H. R. 2377 from the Committee on the Judiciary of 'the House and the same bill introduced by Senator Ernst in the Senate at the present session of Congress. A majority is assured. It is only necessary for the committees to report.

(2) That such state bar associations as have not already done so, be respectfully requested to create state committees with a central chairman and a member from each congressional district to cooperate with your committee in carrying out the instructions of this Association. A form of the resolution will be found as an appendix to our report.

(3) That these state committees shall function by instituting independent campaigns with reference to their own Senators and Representatives in Congress and otherwise, according to their good judgment.

(4) That this committee be continued.
The Chairman :
Unless there is objection, the committee will be continued.

W. B. Swaney, of Chattanooga, Tenn.:

I move that the three addresses that we have heard at this meeting, and also the address :of James M. Beck, be referred to a Special Committee of five members, which committee shall be appointed by the President, to study the subjects thereof and to present at our next meeting what they deem proper to be adopted as the sense of the American Bar on these subjects.

The motion was seconded and carried.

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William 0. Hart, of Louisiana:

I beg leave to present the following resolution and move its adoption by this Association:

Cincinnati," the Queen City of the West,” well deserves its title in connection with the forty-fourth annual meeting of the American Bar Association for the hospitality shown our members and for the spirit of good fellowship which predominated throughout our entire sessions.

The vice-mayor of the city, Carl M. Jacobs, Jr., who greeted us at our opening meeting, we thank for his cordial words of welcome, which were more than made good from day to day, and especially do we thank the committee of the ladies of Cincinnati, headed by Mrs. George Hoadly, for the entertainments provided for the ladies attending the meetings of the Association; for not a moment were their wants and desires overlooked and the many surprises prepared for them will ever be "red letter" events in their lives.

To the management of the Sinton Hotel and the Gibson Hotel for the splendid accommodations provided for us.

To the press for its graphic and complete accounts of our meetings. To the social clubs for opening their doors to our members, to the Ohio State Bar Association, the Cincinnati Bar Association, the Montgomery County Bar Association, the Cincinnati Chamber of Commerce, the manager of Keith's Theatre and the Surety Companies represented in Cincinnati, our individual and collective thanks are due for courtesies extended and the attentions shown us too varied and extensive to enable us to particularize.

We request the Chairman of the Local Reception. Committee to convey this feeble expression of our thanks to all we have named and any others we have inadvertently omitted, and we leave Cincinnati with the feeling that nothing has been left undone to make our stay pleasant and agreeable.

E. A. Armstrong, of New Jersey:

I desire to second the adoption of these resolutions, and may I add that I am sorry the warmth of our reception was not included in the resolutions.

The motion was then carried.

W. 0. Hart: I present the following report of nominations for officers of the Association for the ensuing year:

For President: Cordenio A. Severance, of St. Paul, Minn. For Treasurer: Frederick E. Wadhams, of Albany, N. Y. For Secretary: W. Thomas Kemp, of Baltimore, Md.

For members of the Executive Committee: Hugh H. Brown, of Tonopah, Nev.; T. C. McClellan, of Montgomery, Ala.; John B. Corliss, of Detroit, Mich.; John T. Richards, of Chicago, Ill.; William Brosmith, of Hartford, Conn.; S. E. Ellsworth, of Jamestown, N. D.; Thomas W. Blackburn, of Omaha, Nebr.; Thomas W. Shelton, of Norfolk, Va.

I move you, sir, that our report be received and the nominees be declared elected to the respective offices for which they have been named.

Charles Thaddeus Terry, of New York:

I second the motion, and ask that the Secretary be instructed to cast one ballot of the Association for the gentlemen' named.

The motion was carried and the Secretary reported that the ballot as directed was cast.

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