TRANSACTIONS

OF THE

THIRTY-FOURTH ANNUAL MEETING

OF THE

American Bar Association

HELD AT

BOSTON, MASSACHUSETTS

August 29, 30, and 31, 1911.

Tuesday, August 29, 1911, 10 A. M.

The Thirty-fourth Annual Meeting of the American Bar Association convened in Huntington Hall, Massachusetts Institute of Technology, Boston, Massachusetts, on Tuesday, August 29, 1911, at 10 o'clock A. M., President Edgar H. Farrar, of Louisiana, in the Chair.

The President:

I have the honor to announce that words of welcome are about to be spoken to us by a distinguished son of this commonwealth, himself a lawyer and now the President of the Massachusetts Bar Association. I have great pleasure in introducing Hon. Alfred Hemenway.

Alfred Hemenway, of Massachusetts:

Mr. President, brethren of the American Bar Association, ladies and gentlemen: With a continent before you where to choose it is complimentary that you have come to Massachusetts for your Thirty-fourth Annual Meeting-the more complimentary because your Fourteenth Meeting in 1891, twenty years ago, was held in Boston. So opportunity has knocked twice at our door.

On behalf of the Massachusetts Bar Association it is my welcome duty to thank you for your acceptance of its most cordial invitation. The fiction which gives a corporation an entity independent of its membership is fortunate for me; otherwise, as a member of both associations I should be talking to myself.

At one of your annual dinners at Saratoga, Emery Storrs, speaking of Chicago, said that men were still living who rocked the cradle of the infant city. So I can say, borrowing the metaphor, that I at least was present at the rocking of the cradle of your Association at its birth in 1878. I am as proud of it as was Wendell Phillips, that when a scholar in the Boston Latin School, his hand was shaken by Lafayette. In telling the story Mr. Phillips holding out his hand used proudly to say, "This hand has touched the hand of Lafayette." But I am not here to tell the story of your Association-I am not here to tell the story of Massachusetts or of Boston and its great Bench and Bar—I am not here even to catalogue our places of historic interest. It is my privilege to extend to you the welcome of the Massachusetts Bar Association. When royalty visits, it commands its host and allots its time. Your days are crowded. Each hour has its duty. We would do more for you if we were not precluded by the inexorable limit of time. You are royal guests and have set bounds to our hospitality, but be assured that as loyal hosts we will treat you royally. When Webster, more than sixty years ago, spoke at a dinner given in his honor by the Bar of South Carolina, he closed with this sentiment, "The law-it has honored us, may we honor it."

Again the Massachusetts Bar Association thanks you for coming to our Commonwealth. It honors you because you have honored the law.

The President:

Mr. Hemenway, will you accept for the Massachusetts Bar Association, for the people of this commonwealth and for the citizens of this historic city, the thanks of the Association for your very cordial welcome. In the thirty-four years of its

existence the American Bar Association has tasted the hos

pitality of many cities. It has found savor of sweetness in all, but we are sure that we shall here find that hospitality in new form and with new flavor-the product of the intelligence, refinement and culture, which have made Boston an acknowledged center of all that is highest and best in American life. Sir, again, I thank you in my own behalf and in that of the American Bar Association. I can assure you that we all wish our capacity to receive were as great as your capacity to bestow.

The President then delivered the President's Address.

(See the Appendix, page 229.)

The Secretary:

The members of the nine committees appointed in the various federal circuits by the respective Circuit Courts of Appeals on revision of the equity rules of the Supreme Court are requested to meet in room 26 of this building at 2.45 P. M. today.

The next order of business is the nomination of members to the General Council. The roll of states will be called for nominations.

The members of the new General Council, when selected, are requested to hold a meeting for organization immediately after this meeting, in room 16 of this building.

The excursion to Cambridge occurs this afternoon; special electric cars will start from Copley Square at 3 o'clock.

The register of members in attendance is on the table, and all members are requested to register at once in order that the Secretary may print as promptly as possible a list of those here.

The Executive Committee has elected 1118 members since the last annual meeting. The Assistant Secretary will shortly read a list of others now recommended for membership by the retiring General Council.

A recess of ten minutes was then taken.

AFTER RECESS.

The Treasurer:

I call attention to the fact that it is necessary to indicate your intention to attend the dinner on Thursday evening at the Hotel Somerset and to get cards therefor.

The President:

Before electing members of the General Council the Assistant Secretary will read the list of the committee appointments.

The Assistant Secretary:

The committees appointed by the President are as follows:

The Assistant Secretary read the list of names recommended by the General Council for membership, and those recommended were duly elected.

(See New Members marked (‡) in State List, page 179.)

The roll of states was then called and members of the General Council were elected, the last incumbent being continued where no nomination was made.

(See List of General Council, page 115.)

The Secretary read his report which, on motion, was accepted and adopted.

(See the Report at end of Minutes, page 66.)

The Treasurer read his report, and, on motion, the same was received and referred to the Auditing Committee.

(See the Report at end of Minutes, page 68.)

The Secretary read the report of the Executive Committee, and, on motion, it was received and its recommendations adopted. (See the Report at end of Minutes, page 82.)

James M. Lamberton, of Pennsylvania:

I rise to a point of order. The officers of the Association have not carried out the rule heretofore adopted requiring the American flag to be displayed at all meetings of the Association.

Wm. A. Ketcham, of Indiana:

The gentleman is not raising a point of order. His remarks concern a rule of procedure.

The President:

The gentleman overlooks the fact that the flag is flying from the roof and the outer doorway. The gentleman's remarks do not constitute so much a point of order as a request to instruct the committee to display the stars and stripes in this hall. The Chair will so instruct the committee.

A recess was then taken until 8 P. M.