Lapas attēli

demnation to contingent fees. The amendment now pending is neither a declaration in favor of nor against contingent fees. It is simply a statement by this Association recommending to the Bar of the country that such contingent fees, when they are sanctioned, should be under the supervision of the court for the protection of the parties in interest. There can be no objection to that. I hope the amendment proposed by Mr. Dickinson will be adopted.

J. R. Keaton, of Oklahoma :

I do not know why we should approve a canon requiring that contingent fee contracts should be subject to the approval of the court. Suppose an attorney is defending a man charged with murder and he makes an unfair contract with the man, taking all of the man's property for his services. Would not that be a proper subject for inquiry by the court? I think this canon ought to be recommitted.

A vote was taken upon the motion to recommit, and the result being in doubt, a division was ordered, whereupon the motion to recommit was lost by a vote of 41 to 70.

On motion of Amasa M. Eaton, the canon as amended was thereupon adopted.

On motions, separately made, Canons Nos. 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25 and 26 were each adopted.

A. A. Freeman, of New Mexico:

I think Canon 27 should not be adopted. It is wrong in principle and it is impracticable. I do not believe that it is any part of our duty to adopt a code of ethics, the effect of which is to deter the young and aspiring members of the Bar from bringing themselves before the public in a perfectly legitimate way. It is impracticable and it cannot be enforced.

The Chairman:
Is there further discussion of this canon?
The canon was adopted.

On motions, separately made, Canons Nos. 28, 29, 30, 31 and 32 were each adopted.

On motion of Amasa M. Eaton, Section III of the report “ Oath of Admission ” was adopted.

Walter George Smith, of Pennsylvania :

I presume the committee simply means to recommend that ancient form of oath—not the precise words.

Jacob M. Dickinson:

That is all. Now, on the sixth page of the report there are two recommendations, which I think it wise to adopt along with the report. I move their adoption.

The motion was seconded and carried, and the recommendations on page six of the report were adopted.

The President then resumed the Chair.
Samuel R. Stern, of Washington:

I move that there be added to the canon of ethics the following:

“For a violation of any of the foregoing canons and upon being notified thereof, we deem it the duty of any State Bar Association clothed with power to institute disbarment proceedings to investigate immediately such violation, with the end of determining whether or not disbarment proceedings against the offender should be instituted.”

Rome G. Brown, of Minnesota :

I understand that these canons are recommended to the Bar Associations of the various states, and it is for them to fix their own rule respecting them.

The President:
The Chair thinks the resolution out of order.
Ernest T. Florance, of Louisiana :

I move the adoption of the report of the Committee on Code of Professional Ethics as a whole.

The motion was seconded and adopted.
The President:

We have so nearly completed our work that it will not be necessary to hold an evening session as stated on the programme. Therefore we will now take a recess until ten o'clock tomorrow morning

The Association then adjourned to Friday, August 28, 1908, 10 A. M.


Friday, August 28, 1908, 10 A. M. The President called the meeting to order. New members were then elected.

(See List of New Members.) The Secretary:

This makes 256 inembers elected at this meeting, which in addition to 367 elected by the Executive Committee between meetings, constitutes a total of 623 new members during the year.

The President:
Nomination of officers is next in order.
Everett P. Wheeler, of New York:

I am instructed by the General Council to report recommending the election of the following gentleinen as officers of the Association for the ensuing year: For President, Frederick W. Lehmann, of St. Louis, Missouri; for Secretary, John Hinkley. of Baltimore, Maryland; for Treasurer, Frederick E. Wadhams, of Albany, New York. For elected members of the Executive Committee: Chas. F. Libby, of Portland, Maine; Walter George Smith, of Philadelphia, Pennsylvania ; Rome G. Brown, of Minneapolis, Minnesota ; W. 0. Hart, of New Orleans, Louisiana; Charles Henry Butler, of Yonkers, New York.

Also the following named gentlemen for Vice-Presidents and members of the Local Councils in the various states.

The list of Vice-Presidents and members of Local Councils was read by the Secretary.

(See List of Officers.) I move that the action of the General Council be approved and that the Secretary be instructed to cast the ballot of the Association for the election of the officers whose names have been read.

The President:

Under our rule the election will go over until the other business is completed and then the motion will be entertained.

Robert S. Tavlor, of Indiana :

Mr. President, if it is in order I will report from the Committee on Patent, Trade-Mark and Copyright Law.

The President:
The report will be received.
Robert S. Taylor :

At the opening of our session a resolution was introduced and referred to the Committee on Patent, Trade-Mark and Copyright Law, without reading, under the new rule adopted. The committee have considered the resolution, and deem it proper to be considered by the Association, but as the resolution was not read, the committee desire that it shall be placed on the record now and then that they shall have authority to report upon it next year. The resolution is as follows:

Resolved. That the Committee on Patent, Trade-Mark and Copyright Law is hereby instructed to ascertain what further legislation is necessary, if any, to secure patentees or owners of letters patent in their exclusive right under such patents, and that the committee report either with or without a draft of a bill, to the Association at its next meeting.”

On motion, the report was accepted and the resolution adopted. Robert S. Taylor:

On behalf of Mr. Barnett, of Chicago, who was obliged to leave for home last night, I offer the following resolution:

Resolved, that the question of amending the federal statutes so as to provide for the recovery in suits at law of profits arising from the infringement of letters patent for inventions be referred to the Committee on Patent, Trade-Mark and Copyright Law with authority to report at the next meeting.”

I move the adoption of this resolution.
The motion was seconded and the resolution adopted.
William L. Putnam, of Massachusetts:

If it is in order, I will present the report of the special committee on Proposed Copyright Bill. The report is in print. I simply present it and ask that its recommendation be adopted and the committee continued if such is the pleasure of the Association.

(See the Report in the Appendix.)

Robert S. Taylor, of Indiana :

I move that the report be received and adopted and the committee continued.

The motion was seconded and adopted.
James R. Caton, of Virginia:

Mr. President and gentlemen, I desire to offer the following resolution:

Resolved, That the American Bar Association deeply appreciates the generous and cordial hospitality with which it has been received in Seattle and the unbounded courtesies and attentions accorded its members and visiting friends by the people of Seattle and the Bar of the Pacific Coast, and it hereby returns to the Washington State Bar Association, the Oregon Bar Association, the Idaho State Bar Association and the Seattle Bar Association, to the members of the Vancouver and Victoria Bar and to the people of Seattle generally its hearty thanks for their gracious courtesies.

The President:

I think everybody will second that resolution and we will take a rising vote on it.

The resolution was adopted by a rising vote.
Charles E. Wolverton, of Oregon:

Would it be in order at this time to introduce a resolution for the amendment of the federal statutes of the United States ?

The President:
Yes sir, but it will be referred to a committee.
Charles E. Wolverton :

This relates to the subject of practice and procedure. There exists an inconsistency in the United States Statutes as to the rights of a juror to be excused. Section 812 provides that no juror shall be called more than once in two years, and by the statute of June 30, 1879, there is a provision with regard to petit jurors that they shall not be called more than once in one year. Now, what I propose is to correct that discrepancy between the statutes. Judge Tracy C. Becker recommends an amendment, and he has prepared a brief upon the subject, which I will also submit. Then there is a recommendation with regard

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