ing the two sentences following the enumeration of the Sections to read as follows:

"Said Sections shall from time to time report to the Executive Committee or to the association the result of their action in the matter of proposed legislation. Upon receiving said reports, said Executive Committee may present the same to the association, or said Executive Committee may, should it deem it expedient, submit such reports, with or without recommendations, to a United States mail vote to all the members of the association, and the result of such vote shall be deemed the action of the association."

9th: In order to carry out the action of the Association at its Second Annual Convention and the recommendation of the Executive Committee at this Third Annual Convention:

(a) That Section One of Article III of the By-Laws be amended so as to read as follows:

"Section 1. The following standing committees, except as hereinafter otherwise provided as to the Executive Committee, shall be appointed by the President, each committee to consist of five members, and shall serve for one year next ensuing:

"1. Finance Committee.

"2.

Executive Committee.

"3. Grievance Committee.

"4. Committee on Admission.

"5. Committee on Constituent Association.

"6. Committee on Legal Biography."

(b) That Section Three of Article III of the By-Laws be amended so as to read as follows:

"Section 3. Executive Committee: The Eexcutive Committee shall consist of the president, the last ex-president, the secretary and the treasurer, all of whom shall be exofficio members, together with five other members to be chosen at each annual meeting by the association; but no member shall be eligible for election to the Executive Committee for more than three years in succession; and the president, and in his absence, the ex-president, shall be chairman of the committee.

"It shall have general charge of the affairs of the association when it is not in session. It shall receive and act upon the reports of the Sections and Standing Committees, and take such action thereon as prescribed by these ByLaws. It shall appoint from the members such representatives to the American Bar Association as this association may be entitled to; select some person to make an address at the next annual meeting and designate not exceeding five members of the association to read papers at such

meeting the subjects of such papers to be approved by
said committee.

"When the Legislature is in session it shall be the duty
of the Executive Committee to take notice of all bills and
Constitutional Amendments when offered in either house,
and to invite the attention of the association to such meas-
ures as may be deemed of importance.

"The traveling and other necessary expenses incurred by the Executive Committee for the meetings of such committee during the interval between the annual meetings of the association shall be paid by the treasurer on approval and by order of the Executive Committee."

10th: That Article V of the By-Laws be amended by adding at the end thereof another sentence reading as follows: "The Executive Committee shall have the power, in its discretion, to strike from the rolls of the association the name of any member who shall be more than two years in arrears in dues."

11th: That Article IX of the By-Laws be amended by striking therefrom the words, "Report of Legislative Councl."

Respectfully submitted,

R. S. GRAY, Chairman.

SCOTT HENDRICKS.

WM. J. HUNSAKER.

(Adopted and substituted as part of the report of Executive Committee.)

REPORT OF SECTION "A" ON CONSTITUTIONAL

AMENDMENTS.

To the Executive Committee of the California Bar Association : The Committee on Constitutional Amendments, Section A, has had nothing bearing on proposed constitutional amendments submitted to it, so it has no report to make for consideration at the ensuing Third Annual Convention of the Association.

This communication has been held until this late date, with the expectation that some proposals, relative to constitutional matters, might be submitted.

We have, within the past few days, learned from the Secretary of the Association that three very important amendments to the Constitution of the State have been submitted for action at the annual meeting of the Association.

(a) In the report of Section B on Criminal Law and Procedure are contained two proposed amendments. One is to Article I, Section 7, relative to trial by jury, in which it is proposed that three-fourths of the jury in civil and criminal actions may render a verdict, except in cases where the death penalty or life imprisonment may be pronounced by the court, or where the offense was committed before the adoption of the amendment, in which expected cases the verdict must be unanimous; and providing that in civil actions and cases of misdemeanor the jury may consist of twelve, or of any less number upon which the parties may agree in open court.

The other is to amend Article I, Section 13, by an addition, so that a prosecuting officer in criminal cases may comment on the refusal of an accused to testify; and providing that the court may give such instructions to the jury regarding the same, as the Legislature may by law provide.

(b) The San Francisco Bar Association, a constituent member of this Association, has submitted to the Association a proposal to amend Article I, Section 7, of the Constitution, so that three-fourths of a jury may render a verdict in civil and criminal cases, except where the death penalty or life imprisoment may be imposed, and except in criminal cases where the offense involved was committed before the amendment, in which cases the verdict shall be unanimous; and providing also that in civil and misdemeanor cases, a jury shall consist of eight or a less number of jurors, as may be agreed upon between the parties.

In this connection we think it opportune to make a suggestion. In our Constitution (Art. V.) it is provided that "in order to systematize the work of this Association, there shall be formed Sections, each of which will be devoted to one of the recognized branches into which matters pertaining to the profession and practice of the law may, for convenience, be divided."

Under the By-Laws, Article II, the Sections are required to report to the Executive Committee, which shall, in turn, report to the Legislative Council. And, pursuant to the ByLaws, Article I, Section 4, the Council may report directly to the Association; but "any proposal involving the amendment of the Constitution or laws of the State, or the endorsement or recommendation of any legislation, shall, after having been approved by the Legislative Council, be submitted by United States mail vote of all the members of the Association,

and the result of such vote shall be deemed the action of the Association.”

Thus it will be seen that the theory of the Constitution and By-Laws is to cause matters pertaining to the duties of the various Sections to be analyzed and passed upon: first, by the appropriate Section; second, by the Executive Committee; third, by the Legislative Council; and fourth, by the Association itself. This is a very wise arrangement, and is designed to preclude hasty and inconsiderate recommendations respecting proposed legislation to the Legislature of the State; and also to have recommendations of the Association to the Legislature carry the weight they should have with practically the whole bar of the State behind them.

This system is not at all cumbersome, and, if duly observed, will be found to more effectually carry out one of the great objects of the Association, than is likely to result from the practice of considering such important questions as legislation, and amendment of the Constitution, by the members at large and delegates, for the first time, in the short period devoted to our annual meetings.

Dated November 19th, 1912.

Respectfully submitted,

JAMES A. GIBSON, Chairman.

BRADNER W. LEE,
OSCAR A. TRIPPET.
R. S. GRAY.

REPORT OF SECTION "B" ON CRIMINAL LAW

AND PROCEDURE.

Hon. C. E. McLaughlin,

President California Bar Association,

People's Savings Bank, Sacramento, California.

Sir:

Section B on Criminal Law and Procedure respectfully reports as follows:

I.

Most of the changes in the law relating to criminal law and procedure approved by the association at its 1910 session have become laws, either as approved by the association or in a slightly modified form. But four of such recommendations have not yet become laws, viz.: (1) the amendment of Article I, section 7, of the constitution, so as to provide that, in criminal cases, three-fourths of the jury may render a verdict, except where the death penalty or penalty of life imprisonment may be pronounced; (2) the amendment of Article I, section 13, of the constitution, so as to authorize the legislature to provide that the prosecuting officer may comment on the refusal of an accused to testify, and for appropriate instructions by the court in such cases; (3) the amendment of section 1070 of the Penal Code, so as to reduce the number of peremptory challenges and allow the people and defendant an equal number of peremptory challenges; and (4) the addition of a new section to the Penal Code, to be numbered 1506, providing for an appeal from an order discharging a person from custody in habeas corpus proceedings. The amendment to Article I, section 7, of the constitution and the argument in support of it appears at pages 16 and 17, the amendment to Article I, section 13, appears at pages 17, et seq., the amendment to section 1070 of the Penal Code at page 32, and said new section 1506 at pages 35, et seq., of the appendix to the proceedings of the association for 1910 and are, by reference, made a part of this report.

The amendment of Article I, section 7, of the constitution, so as to provide for a verdict by nine jurors in criminal cases