particular Association, which, in my opinion, may justify a removal of our case from the rule as held by the Chair then and here. It has already been called to our attention that there is a small representation of the total membership of this Association present at this time. Now, is it proper parliamentary practice, if ten members of this Association can propose an amendment, it was proposed by ten, and they are supposed to have considered the matter carefully, is it fair for ten men to send to all of the people of the State of New York, who belong to this Association, a notice saying, in effect, you may stay away a spell from the meeting and enjoy yourselves and we sha'n't do anything to hurt you or change the Constitution further than intended by this amendment? If a far-reaching amendment were sent out, we would probably get hundreds of our members here to oppose it or defend it, but, as we are now constituted, they rest upon their security that such and such things will be done and nothing else will be done. We must take one of two alternatives. Either the amendment must be passed exactly as amended or it may be amended to any extent within the vote of those attending the meeting. The Chair first passes upon the question whether the amendment be germane. From the decision of the Chair an appeal lies to the body of members present, and anything that that body decides to be germane is germane for the purposes of the Constitution, and the whole Constitution may be abrogated and swept away under an apparently harmless amendment by any hundred members who choose to put up a game and come here to do it. We are sailing in still waters at present, at least we seemed to be until a certain paper may be read later in the proceedings in regard to codification or some other matter, and we may be thrown into troublous waters at any moment, into a convention of speakers, into subjects which might induce certain of our members to bring great pressure to bear to bring members up and run through amendments to our Constitution under just such an innocent notice. as was sent out on this occasion. It was for that reason the question before this body was raised. When the subject was passed upon in the Bar Association of the City of New York the danger seemed to be apparent, although I raised no question, but here it seems greater. Regarding the proposed amendment I have no objection and would concur absolutely in anything that might be done here on the subject, but I think the decision of the Chair should not be sustained, because of the peculiar character of this Association. The Chairman: The practical question seems to be whether we shall wait until all the members of the Association are present or not. The actual question before the Association is: Shall the Chair be sustained? Are you ready for the question? The question was then put to a vote and the decision. of the Chair was sustained. President Hornblower in the chair. The President: The question now occurs on the substitute of the amendment as proposed by Mr. Jones. W. Martin Jones, of Rochester: We accepted the substitute. The President: If there is no objection, the original amendment as thus amended is before the house. Are there any remarks on the merit of the amendment itself? The amendment now is, in substance, every alternate meeting of this Association shall be held elsewhere than at Albany, unless the Association otherwise directs. The question was then put to a standing vote and was lost. The President: The amendment is lost. The next business in order is the election of officers. The Committee on Nominations were kind enough to do me the honor of requesting me to accept a renomination to this office which I now hold, the office of President. I fully appreciate the honor of that suggestion, and it would have given me great pleasure to have seen my way clear to accept the suggestion, but I have found that, notwithstanding the energetic and vigorous assistance of Mr. Wadhams, our efficient Secretary, there have still been many calls upon my time which have interfered somewhat with my professional work, and I think the President of this Association ought to give active and personal attention to the work of the Association to a very considerable extent, or else he ought not to act at all. For those reasons I did not see my way clear to accept another term of office. I should have been glad to have served the Association if I could have been of any service, but did not feel I could, in justice to my professional work, take another term. They have, therefore, nominated as my successor Mr. Milburn, from Buffalo. Has anybody any other nomination to make? Mr. John G. Milburn, of Erie county, is nominated for the office of President for the ensuing year. John DeWitt Peltz, of Albany: Mr. President, it is suggested to me, as a member of the Nominating Committee, which has made a report, which, I think, has been in the hands of all the members of the Association, the Chairman not being present, that it would be proper that I should present formally, on behalf of the Nominating Committee, this report, as a whole, for the consideration of the Association. If there are any further suggestions, they can be made. I will, therefore, adopt the suggestion and present this report. The idea is to place these gentlemen in nomination. The President: That course will be pursued then. Mr. Peltz: The following is a copy of the report: REPORT OF THE COMMITTEE ON To the Members of the New York State Bar Association: The committee appointed to nominate officers for the ensuing year held a meeting in New York city December 21, 1901, and the following names were agreed upon for the respective offices of the Association: First District... Third District.. Fourth District... PRESIDENT. VICE-PRESIDENTS. Albert Stickney. Isaac N. Mills. Franklin M. Danaher. .. H. V. Borst. Henry Purcell. Ernest W. Huffcut. George F. Yeoman. John Cunneen. Second District... Third District.. Fourth District.. Fifth District... Sixth District... Seventh District... Eighth District... James P. Philip, Arthur S. Tompkins, Charles J. Buchanan, A. D. Wales, William B. Hoyt. |