on the back of such indictment, and, in case of an information, the names and addresses of the witnesses, so far as known to the district attorney at the time of the filling of such information, shall be endorsed on the back thereof. Every person charged with a criminal offence other than capital shall be furnished with a list of the jury and witnesses to be produced on the trial, so far as the same may be known to the district attorney, at least one entire day before trial. And be it further resolved, That a bill substantially embodying the foregoing amendments be presented to Congress by and through the proper committee of this Association at the earliest reasonable opportunity, and that such committee use all necessary and proper effort to secure the passage of such bill. The foregoing resolution of Mr. David has been carefully considered by your committee and is recommended for adoption. It is obvious that the purpose of the provisions of said Section 1033 of the U. S. Revised Statutes, as it stands, is to give to a person accused of treason or capital crimes a reasonable opportunity to consider the specifications of the charge, the sources from which the charge emanates and the vicinage of the jury list, in order that he may judge of the expediency of pleading guilty, or of standing trial prepared to meet the evidence which he has reason to believe will be presented, or to challenge jurors who may be prejudiced against him: and all this makes for open and enlightened justice. But your committee can imagine no valid reason why these privileges should be monopolized by any particular class of criminals. We do not believe that the law itself should recognize an aristocracy of crime. We are rather of the opinion that the phrase "equality is equity" is something more than the maxim of a chancellor, and stands in this country for a political principle. It may well be that persons charged with heinous offenses against society should be accorded ampler time to meet such issues; and this distinction or discrimination is already noted in the statute as it prevails. But the principle of the enactment, being a just one, should be extended to all who are charged as criminals. Such is our opinion and our recommendation; in pursuance whereof we have prepared draft of a bill as called for by the resolutions and which accompanies this report. Respectfully submitted, HENRY D. ESTABROOK, Chairman, WILLIAM P. BYNUM, FREDERICK N. JUDSON, WILLIAM A. BLOUNT, N. H. LOOMIS. A BILL TO AMEND SECTION TEN HUNDRED AND THIRTY-THREE OF THE REVISED STATUTES OF THE UNITED STATES. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That Section Ten Hundred and Thirty-three of the Revised Statutes of the United States, be, and the same is hereby, amended by adding thereto the following: When any person is indicted for any criminal offence or against whom has been filed an information charging a crime or misdemeanor, a copy of the indictment or information shall be furnished him without cost at the time of or before his arraignment or before he is called on to plead to such indictment or information, and the names and addresses of the witnesses appearing before the Grand Jury, in case of an indictment, shall be endorsed on the back of such indictment, and, in case of an information, the names and addresses of the witnesses, so far as known to the district attorney at the time of the filing of such information shall be endorsed on the back thereof. Every person charged with a criminal offence other than capital shall be furnished with a list of the jury and witnesses to be produced on the trial, so far as the same may be known to the district attorney, at least one entire day before trial. REPORT OF THE COMMITTEE ON LEGAL EDUCATION AND ADMISSION TO THE BAR. To the American Bar Association: The Committee on Legal Education and Admission to the Bar begs leave to submit the following report: The Carnegie Foundation for the Advancement of Teaching published in June, 1910, a report on Medical Education in the United States and Canada. The report not only dealt with the conditions of the medical schools in the United States and Canada, but also attempted an analysis of the problem of medical education. It attracted widespread attention throughout both countries. The teachers of medicine and the practitioners of medicine alike recognized the importance of the investigation which had been carried on under the auspices of the Foundation and there was an almost immediate suggestion that the Foundation continue its work by a study of medical education in leading European nations. The Foundation adopted the suggestion and in January, 1912, there was published a report on Medical Education in Europe. This second report supplemented the first and dealt with medical education in the German Empire, Austria, France, England and Scotland. The first report was intended, among other things, for the specific use of the medical schools in the United States and Canada, and it aimed to describe and to discuss in detail the conditions prevailing in each of the one hundred and fifty-five medical schools then existing in the United States and Canada. The investigation into the conditions of the schools was minute and discriminating. It extended over a very considerable period of time and is understood to have cost a very large amount of money. The medical profession believes that the report was well worth the expenditure and that it accomplished great good and accomplished certain most desirable results that could not well have been secured in any other way. Your committe was convinced that it was most desirable that a like investigation should be made into the condition of the law schools of the United States and that a careful study should be made of the whole subject of legal education and admission to the Bar in our country. We knew that this Association did not have the money which would be required to carry on such an investigation as ought to be made of existing conditions. It thought that the greatest possible service could be rendered to the law schools and the Bar if the Carnegie Foundation could be induced to undertake the work and do for legal education what it did for medical education. The committee, therefore, in February of this year addressed to the President of the Carnegie Foundation, Dr. Henry S. Pritchett, the following communication: "This communication is addressed to you by the American Bar Association's Committee on Legal Education and Admission to the Bar, and has attached to it the signature of each member of the committee. 66 The committee was greatly impressed by the investigations made a few years ago under your direction by the Carnegie Foundation into the conditions under which medical education is carried on in the United States. That the medical profession and the entire country was placed under lasting obligation to your organization because of the service that was then rendered is acknowledged by all who know the facts. "The committee of the Bar Association is most anxious to have a similar investigation made by the Carnegie Foundation into the conditions under which the work of legal education is carried on in this country. There is an imperative need for such an investigation, equally searching and far-reaching with the other, and one equally frank and fearless in its statement of the facts which the investigation may reveal. "It is to be hoped that, if your organization decides to adopt the suggestion the committee makes, your investigation will not be confined to the law schools, but may be extended to the matter of admission to the Bar in the various states of the United States, with a view of making known to the entire country the facts relating to this important subject. "This committee has not at its disposal either the funds or the time needed for the comprehensive investigation that is so much to be desired, and it appeals to you, therefore, to undertake the task, and assures you of its readiness to cooperate with you so far as possible, should you conclude to comply with this request." The committee was at once informed by Dr. Pritchett that the Carnegie Foundation would be very willing to comply with the request and the arrangements have already been made and the work is now under way. The Foundation has explained that it intends that the study shall cover not only the examination of all the law schools of the country, of the various curriculums of study and of their libraries and facilities for teaching, but that it hopes to bring under consideration the relation of the legal profession to the administration of the law and to the obligations of the social régime. An effort is to be made to trace the evolution of the legal profession in the United States and its relation to legislation and administration and of the relation of the number of lawyers to the amount of litigation and the cost of the legal process. Your committee, in inviting the Carnegie Foundation to make such an investigation as it is now engaged in, has not intended to shirk its own responsibility and it has no idea of renouncing its own efforts. The purpose is to supplement those efforts and to avail itself of an agency provided with all the necessary means to conduct a far-reaching and critical examination into conditions which your committee had neither the time nor the money at its disposal to enable it to make. The committee has no doubt that the action it has taken will meet with the heartiest approval of the Bar Association and that the Association will feel, as the committee certainly does, most grateful to the Carnegie Foundation that it has entered upon the study proposed to it. HENRY WADE ROGERS, Chairman, SELDEN P. SPENCER, ROSCOE POUND, WILLIAM DRAPER LEWIS. |