(President Taft then left the hall, after which the regular proceedings of the Association were resumed.)

Oscar A. Trippet, of California:

At the instance of California members in attendance I second the motion to adopt the resolution that was read on the recall of judges and which I understand to be still pending.

J. Aspinwall Hodge, of New York:

I propose to vote against this resolution-not because I am in favor of the recall of judges; I am as much opposed to it as any member of the committee, but I am entirely out of sympathy with the resolution as proposed. It does not go to the kernel of the matter. Why is the recall of judges demanded by anybody? The answer is because our courts are assuming legislative functions. If they are legislators, then the recall might be advisable or at least logical, but they are not legislators, and, therefore, there should be no recall. There should be long terms, and not short terms for judges, because they are not legislators. But when they assume the functions of legislators, then there arises a very serious question, and one, which it seems to me is worthy of consideration.

I also think it is a mistake to impugn the motives of those who advocate the recall. It is at least impolitic to accuse those whom you seek to convince. They may be (I believe they are) sincere and patriotic; they are entitled to that assumption.

Nor am I in favor of the remedy proposed by the committee. The proper and efficient remedy is to appeal, not to lawyers and to the various Bar Associations of the country, but to the Bench. The Bench should save itself from having the principle of the recall applied to it, instead of calling upon the Bar to save it.

If you say that this is an attack upon the judiciary, I only answer that I do not attack the judiciary except as they have been attacked by their own members. I refer to the opinions of MR. JUSTICE HARLAN, to the opinions of JUDGE O'BRIEN in the New York Court of Appeals, and those of JUDGE SEYMOUR D. THOMPSON and to many others. If there is any truth in Justice Harlan's opinion in the Standard Oil and Tobacco cases, then there is

truth in the statement that the demand on the part of some men for the recall of judges is justified by the increasing legislative functions assumed by the judges. If the exercise of these functions increases in the next decade, as it has in the last, it may result in initiating the recall.

I am also opposed to such a radical and intemperate statement as is contained in the resolution, to the effect that our government will crumble and fall if the principle of the recall is applied to judges. I do not believe any such thing. I believe this government is stronger than that, and I do not believe that the American Bar Association should sign its name to, or pass such a resolution, which is as pessimistic as anything that the most radical men are now enunciating. Will our government crumble because we have a constitution, here or there, which allows, in exceptional cases, the recall of judges? Surely, we can stand worse calamities than that.

Therefore, while I am just as much opposed to the recall of judges as any one and for all the reasons that Alexander Hamilton stated in The Federalist, I am opposed to this resolution and shall vote against it even if mine is the only negative vote.

Charles C. Tucker, of District of Columbia:

The wording of the resolution applies to members of the Bar in the various states and territories, but is silent with respect to members of the Bar in the District of Columbia. To avoid any uncertainty when the appointment of that committee is made I desire to suggest, and now to move if necessary, that the resolution be modified or changed by the insertion of the words "and the District of Columbia."

Alton B. Parker, of New York:

There is no objection to inserting those words if it will make the resolution any more definite and certain.

The President.

I call the gentleman's attention to Article XI of the By-laws of this Association which says:

"The word state whenever used in this Constitution shall be deemed to be equivalent to state, territory, the District of

Columbia, and the insular and other possession of the United States."

Charles C. Tucker, of the District of Columbia:

But we are not dealing with the Constitution of the Association. As I understand it we are dealing with a resolution providing for the appointmtnt of a committee.

The President.

The Chair will take care of the District of Columbia.

Charles C. Tucker, of District of Columbia:

Then my purpose in mentioning the matter will have been accomplished.

A rising vote was called for and the resolution was adopted.

Joseph R. Edson, of the District of Columbia:

I believe that the members of this Association have to wait nearly a year before they receive the printed proceedings of the meetings. I move that the Executive Committee be instructed, first, to have 5000 copies of President Farrar's address printed; and, secondly, that a copy of the address be sent to each representative, each senator, and to the Governor of each state in the union.

In support of my motion I mention that there probably has been no time within the life of the Association when any subject has been before the legislative, the executive and the judicial departments of the government that has received more thought than the subject discussed in Mr. Farrar's address.

Alton B. Parker, of New York:

I second the motion.

Wm. A. Ketcham, of Indiana:

I would amend it by including all of the addresses delivered before the Association at this meeting.

Merrill Moores, of Indiana:

I second the motion.

Wm. A. Ketcham, of Indiana:

I do not wish to be considered as doing anything except to add words of eulogy for the magnificent address of the President of this Association to which we all listened with so much attention and admiration; but words of eulogy on my part are not needed. There was also an address by a former Justice of the Supreme Court of the United States, which was very instructive and illuminating, and it would seem to me that this Association and the people of the country would be aided by having that also circulated. Then there was a most eloquent dissenting opinion delivered last night, which, taken in connection with the dissenting opinion of Mr. Justice Harlan, but not at all along the same lines, I think the Association could read with profit, although we may not all agree with all of its conclusions. While we are circulating the information contained in the address of the President, I would personally like to have this additional information circulated, and would be glad to see a provision made for the publication of those addresses as well as that of the President.

Ernest T. Florance, of Louisiana:

I move as a substitute that this whole matter be referred to the Executive Committee for whatever action they deem proper at their first meeting.

The President.

Mr. Florance's motion is really a substitute.

Arthur Steuart, of Maryland:

We should be careful not to make a mistake in voting on Mr. Florance's substitute. If we vote for Mr. Florance's substitute it practically lays Mr. Edson's motion on the table. I hope that Mr. Florance's substitute will not carry.

Ernest T. Florance, of Louisiana :

My substitute is that the Executive Committee shall at its first meeting take up this matter and consider it.

Joseph R. Edson, of District of Columbia:

It will not involve any additional expense for printing, because the addresses can be held in type for insertion in the regular proceedings of the Association.

The President.

The question is on the substitute offered by the gentleman from Louisiana.

The substitute of Ernest T. Florance was carried.

Wm. U. Hensel, of Pennsylvania:

At the suggestion of many members of the Association, and I am sure in conformity with the sense of all, I offer and move the adoption of this resolution:

"Resolved, That the members recognize and desire to express their appreciation of the hospitality they individually and as a body have received from the people of the city of Boston; from the State Bar Association of Massachusetts, whose entertainment preceded our meeting and has continued with us throughout; to the Massachusetts Institute of Technology, which placed its buildings at our service; to the President and the other officers of Harvard University for the courtesies extended to the members of this Association; to the President of the United States, temporarily sojourning in this commonwealth, for coming before the Association and addressing us, and to all the good people of Boston whose good cheer and sunshine daily penetrated lowering skies, our thanks are heartily tendered." (The reference to sunshine, in view of the continuously rainy weather, was greeted with goodnatured laughter.)

Henry D. Estabrook, of New York:

Some one once said that you can always tell a Boston man, but you can't tell him much. I think after this meeting every member of this Association is prepared to endorse that sentiment. The Athens of America has shown that she possesses the cordiality of the South, and the administrative genius of the North; oriental in her politeness and occidental in her informality, she has boxed the compass of hospitality, and I heartily second the resolution that has been placed before the Association.

The resolution was unanimously adopted by a rising vote.