sponsibility to his client is violated in the case of the trust company drawing a will by its own lawyer and that when the care and skill necessary to protect individuals is about it results in litigation and profitable employment for lawyers.

To-day, the Bar has to meet this responsibility, has to meet this criticism. It is proposed that in order to meet that responsibility, we shall no longer be obliged to rest upon mere voluntary action on the part of associations or voluntary membership in Associations; that the State Bar shall be a Bar in which every member of the Bar is a member and if, as pointed out in the Carnegie Foundation report, we must have a Bar that has a democratic form of government, and therefore, it is time for every member of the Bar to be a member of his Association. You cannot do that merely through solicitation on the part of membership committees.

Time is not adequate to discuss this matter fully upon this program. I am almost tempted to protest that within the past two years adequate time has not been allotted to the consideration of this grave and important matter; a matter to which in other Bar Associations is given a whole day. To the consideration of the formation of a new institution in which all the members of the Bar shall participate. But, briefly, those are the large considerations that have influenced the conference of which Judge Goodwin is now the head, to present to Bar Associations this new thought, new in form but old in substance.

And, with a resolution, sir, of very grateful appreciation to Judge Goodwin for coming here and giving us of his very valuable time, for I chance to know that it means a great sacrifice for him to come at this particular time to New York to address us, and present this problem of state Bar organization, with those resolutions of appreciation, I offer the following:

"Resolved, That this Association accept in principle the proposal to organize the entire Bar of the state in one organization with adequate powers of self-government; and to that end,

"Resolved, That the President appoint a special committee of five, of which he shall be one, to confer with the Governor, the appropriate committees of the legislature,

and the judges of the Court of Appeals, and present to the next meeting of the Association an act to accomplish the said purpose."

Joseph Wheless, of New York:

I second the resolution.

The President:

If the house will permit, I shall divide the motion in two. The first motion will be to thank Judge Goodwin for his most interesting and stimulating address on the subject of State Bar Organization. It was a great honor to us that he should come from Chicago to enlighten us on this vital subject.

Those in favor of that motion will say "aye;" opposed "no." It is unanimously carried.

The motion by Mr. Cohen to endorse in principle and then create a committee, is before the Association. It will be observed that the resolution commits the Association to the principle and then seeks the appointment of a committee of ways and means.

Frank Harvey Field, of New York:

May I ask if that question has been before the Executive Committee of the State Bar Association?

Julius Henry Cohen, of New York:

I can answer that, sir. It was discussed informally at the last Executive Committee meeting, and, while no resolutions were passed, those of us who presented the matter were urged to present it favorably to this meeting.

The President:

The subject is not referred to in the report of the Executive Committee which is about to be presented.

Mr. Field:

Then I move, sir, that the matter, before we are committed here, be referred to the Executive Committee for examination, and to report back to this Association at this session.

Mr. Cohen:

Mr. President, I think that we are perfectly competent, and indeed the Executive Committee would desire that we should record the Association as an association on the matter of principle; and certainly we are not competent, nor is the Executive Committee, until more study has been. given to the details, to pass upon an act to incorporate the Bar. But I think we can safely vote upon this matter of principle, and we ought to discuss it, if there is any doubt about the principle, right here where all members of the bar present may participate.

Stephen P. Anderton, of New York:

I second the motion that the matter be referred to the Executive Committee.

The President:

It may be stated that that is a practice that has been repeatedly followed at annual meetings of the Association, that when a matter seemed of importance and required transaction, it should be referred to the Executive Committee, with the request that they report either in the afternoon or the next morning; and I take it that that will be agreeable to Mr. Cohen.

Mr. Cohen:

I would like to be here when the report is made, sir. The President:

Well, we hope so.

It is moved and seconded that the resolution made by Mr. Cohen on the subject of the state-wide organization of the bar be referred to the Executive Committee, with the request that they report as promptly as possible. Those in favor of the motion will say "aye;" opposed no." It is carried.

66

The next business in order is the report of the Committee on Legal Aid Societies. Mr. Monroe?

Robert Grier Monroe, of New York, presented the following report:

REPORT OF COMMITTEE ON LEGAL AID
SOCIETIES

New York State Bar Association:

Your Special Committee on Legal Aid Societies made a report at the annual meeting in January, 1920, describing briefly the condition of legal aid work throughout the state and emphasizing the importance and duty of organized effort to provide legal assistance for the poor, and upon the recommendation of the Committee of the Association adopted the following resolution:

Resolved, That the State Bar Association and all local bar associations, should assume greater responsibility for the maintenance and conduct of legal aid work and to that end should actively seek support for established legal aid organizations and, in communities where no such organizations exist, should become directly responsible for the systematic conduct of such work.

During the past two years much has been accomplished by legal aid societies in the principal cities of the state, but the work should be broadened.

The Legal Aid Society of the City of New York has incorporated with it what is known as the Voluntary Defenders' Committee, and now is able to extend help to the poor before the criminal courts. Its detailed reports for the past year show the necessity of such protective aid; how, through its aid, men without means accused of crime have had their innocence established only after costly investigation, when a perfunctory defense would have been entirely inadequate for their protection. No one through poverty should be unable to have his defense fully and capably presented, and assistance to this end should be included in the work of legal aid societies generally.

Following adverse criticism of lawyers' fees on recovering various forms of compensation allowed by the government in cases of disabled ex-service men, the Red Cross has referred such cases to the attorneys of the Legal Aid Society in the City of New York, relieving the Society of all expense connected therewith, so that ex-service men may recover from the government their just due without any deduction from their allotments or allowances of fees for legal expenses. On the other

hand, the Legal Aid Society in the City of New York is often unable, through lack of funds and equipment, to render needed aid in a multiplicity of applications for help in matters of domestic relations involving divorce, separation, support and maintenance. This Society also needs funds to open additional branches. Societies in other cities find themselves hampered for lack of funds where bonds are required for costs on appeal and cases involving writs of replevin.

The organization and equipment of legal aid societies should be on a more generous scale. The main office of such a society should be centrally located and easily accessible. Legal aid to the poor should be a conspicuous service freely extended. Legal aid work has not the support from members of the bar to which it is entitled. Of the $64,000 contributed last year towards the expenses of the Legal Aid Society of the City of New York, only $16,000 was contributed by lawyers.

In the opinion of your Committee, the work of providing legal relief to the poor is primarily the duty of the bar as a whole, and instead of officers of legal aid societies being required, as they now are, to appeal constantly in every quarter for funds to meet legal expenses, local bar associations should take it upon themselves first to see that the work is adequately performed and then that the cost is fully met.

The Committee feel that the attitude of the Association cannot be more clearly expressed than by the resolution adopted at the annual meeting in January, 1920, to which your attention has been called, but ask that the report now submitted be accepted and approved and a copy forwarded to each local bar association in the state.

Dated, New York, January 20, 1922.

Respectfully submitted,

ROBERT GRIER MONROE,

Chairman.

JULIUS HENRY COHEN,

JOHN LORD O'BRIAN,

Committee.