used by U. M. Rose, who was elected at the Denver meeting 25 years ago, and whose statue now stands in Statuary Hall in Washington. I would not reflect on those Presidents whom I do not name, but I call your attention to some significant things about former Presidents of this Association. This gavel was used by Elihu Root, that great lawyer who is now the leader of the American Bar. This gavel was used by William Howard Taft, the only man in this country who has been at the head of the two great departments of government, the executive and the judicial. And he was President of this Association after he was President of the United States. This gavel was used by three former Presidents who might have been Presidents of the United StatesAlton B. Parker, John W. Davis, and Charles E. Hughes. Considering this gavel and the history that goes with it, this Association is closely related to the Colorado Bar Association. We appreciate the welcome that you have given us; we were glad to accept your invitation to meet again in Denver. We believe this will be one of the great meetings of our Association. We hope to conduct the business of the Association so as to command the respect of those who may be present at our meetings. And now, without further comment or response, I call to preside over this meeting, while I shall deliver the annual address, Francis Rawle, of Philadelphia, Pennsylvania. Mr. Rawle was Treasurer of this Association for 24 years. He was then President. He is one of the three men now living who have been continuously members of this Association since its organization, Governor Baldwin, of Connecticut, Mr. Hemenway, of Boston, are the other two. Mr. Rawle (taking the chair): The President will now deliver his address. The President then delivered his address, entitled, "The Advance of the American Bar." (See infra, p. 158.) The President (resuming the chair): The following telegram has just been received by Judge Charles C. Butler, President of the Denver Bar Association: Please extend greetings to The American Bar Association assembled. We recognize their leadership in the promotion of Americanism. SONS OF THE AMERICAN REVOLUTION. Carrington T. Marshall, of Ohio: Mr. Chairman, the hearts of the people of this great nation, and especially the hearts of the Bench and Bar beat in unison with the heart of the great Chief Justice of the great United States Supreme Court, the Honorable William Howard Taft. His distinguished service to the nation in many capacities has already been referred to by you, Mr. President, and need not be further referred to at this time. His distinguished service to this Association is equally well known to every member of the Association. His faithfulness in attending the sessions of this Association during the past quarter of a century has been such that his absence is easily noted and cannot fail to provoke comment. His absence from this particular convention is for a good and sufficient reason, and yet I have both direct and indirect assurances that it is for no serious reason. We may be very sure that he is thinking of us at this hour, and he may be equally sure that we are thinking of him. I propose, Mr. President, that we transmit an official message to the Chief Justice in the following form: Hon. William Howard Taft: The members of The American Bar Association deeply regret your inability to attend the forty-ninth annual meeting of the Association. In sincere appreciation of the active interest you have taken in the past, they look forward to a continuation for many years of your useful services both to the Association and to the nation. CHESTER I. LONG, President. WILLIAM P. MACCRACKEN, JR., Secretary. The great State of Ohio acclaims the Chief Justice as her own, and as a humble representative of that state I beg to move that this message be immediately transmitted by wire to the great Chief Justice at his home, and that a copy of it be spread upon the permanent records of this Association. The motion was seconded and carried. The President: I recognize Mr. Platt Rogers, of Denver. Mr. Rogers: Twenty-four years ago at Saratoga Springs at the meeting of this Association it was my privilege and pleasure to notify Mr. Frederick E. Wadhams of his election as Treasurer of The American Bar Association. During the years which have intervened he has continuously served the Association in that capacity, without having been absent from a single meeting prior to this time. On account of an illness which he suffered. last spring he has been compelled, by his physician's orders, to absent himself from this meeting. I think we all appreciate the regret which I know to be his by reason of his inability to attend. We rejoice with him, however, in the assurance of his physicians that his incapacity is but temporary; and I move, Mr. President, that the following telegram be sent to him, as the expression of those who share with him this disappointment: Frederick E. Wadhams, Esq., Clifton Springs, N. Y. The members in attendance at the forty-ninth annual meeting of The American Bar Association unanimously extend to you their appreciation of your twenty-four years of loyal service as Treasurer of this Association, and regret that temporary physical incapacity prevents your attendance at this meeting. They also express the hope that you may speedily regain your strength and be with them on the occasion of the fiftieth annual meeting. CHESTER I. LONG, President. WILLIAM P. MACCRACKEN, JR., Secretary. The motion was seconded and carried. President Long: The next in order is the report of the Secretary. Secretary William P. MacCracken, Jr., then read his report. (See infra, p. 344.) The President: The report of the Secretary will be placed on file. The next is the report of the Treasurer, which will be presented by the Secretary in the absence of Mr. Wadhams. Secretary MacCracken: Mr. President, I have in my hands a summary of the report prepared by Mr. Wadhams, our Treasurer, and brought here by his representatives. It is from August 15, 1925, to June 21, 1926, covering a period of approximately 10 months. (Reading the report. See infra, p. 347.) The President: The report of the Treasurer will be placed on file. The next order is the report of the Executive Committee, which will be presented by Mr. MacCracken. The Secretary then read the report of the Executive Committee. (See infra, p. 354.) The President: The question is on the adoption of the report of the Executive Committee. There are two parts to this report, one relating to the amendments to the constitution and by-laws; the other, the remainder of the report. That in regard to the amendments to the constitution and by-laws requires the presence of 200 members and a vote of three-fourths in order to adopt. We will first take a vote on the other part of the report of the Executive Committee. Upon motion duly made, seconded and carried, that part of the report not relating to amendments was approved. The President: Now in relation to the amendments to the constitution and by-laws. As I said, it will require the presence of 200 members. Unless the presence of that number is questioned, the chair will hold that there are 200 members of the Association present, and it will require a three-fourths vote to adopt the amendments to the constitution and by-laws. Are you ready for the question? Clarence N. Goodwin, of Illinois: I move that the vote on these amendments to by-laws be taken separately. I do that because there is objection or will be objection to one of the amendments. The President: What amendment will there be objection to? Mr. Goodwin: Article IX, page 13 of the Advance Program. (Reading.) Whenever a committee is considering any subject respecting state legislation, it shall confer with the National Conference of Commissioners on Uniform State Laws. Similarly, on page 16. (Reading.) Whenever a section is considering any subject respecting proposed state legislation, it shall confer with the National Conference of Commissioners on Uniform State Laws. The President: You move to have a separate vote on those two proposed amendments? Mr. Goodwin: On those two proposals. The rest I have no objection to. The motion was seconded but on being put to a vote was lost. Mr. Goodwin: May I speak on the main question? The President: Let me state the question. The question is now on the adoption of the proposed amendments to the constitution and bylaws as set forth in the document containing them. Are you ready for the question? Judge Goodwin, of Illinois, is recognized for ten minutes. Mr. Goodwin: I cannot use 10 minutes on this. I want to say my objection goes to the form and phraseology of the amendment rather than the idea which is behind it. There is scarcely any subject under consideration by any committee that does not relate in some way to state legislation. The language of this is very broad. It says "any subject." I think we will all agree that when there is any legislation that comes to the point where there is to be suggested or recommended a bill for passage, that at such a time the formulation of the bill is a subject upon which the committee should confer with the Conference on Uniform State Laws-I think we are all agreed upon that-especially if it is one of those subjects where uniform legislation is practicable or desirable. But I call the attention of the Association to the fact that when we are considering, Mr. President, the question of the rulemaking power of the courts, we are considering a question which is a question concerning a subject respecting legislation. Our position no doubt on that subject is that we do not favor as a bar association those laws which make rules of practice through legislative enactment, and we favor placing the rule-making power in the hands of the courts. Now that is a subject which |