Mr. Miller: The action I mentioned was taken by the Executive Committee because of protests received against this proposed bill requesting that it be further considered, and after consideration by the Executive Committee it was thought that the proposed bill had best be referred back to the Committee on Admiralty and Maritime Law that has real charge of it and come up one year from this time. I insist on my point of order that the matter of the approval of this proposed bill was disposed of on yesterday by the action of the Association. The President: A point of order is made. Do you desire to be heard on that? Mr. Pogue: Not if that was heard yesterday. I was not here. The President: The point of order is sustained, and the third resolution will not be acted upon again in view of the action taken by the Association yesterday. Mr. Pogue: (Reading.) Resolved, That The American Bar Association adopts and approves the bill substantially in the form submitted herewith "Relating to the carriage of goods by sea," and comprehended in Bill H. R. 11447 of the 68th Congress and attached hereto as Appendix "C." On motion duly made, seconded and carried, the resolution was adopted and the bill approved. Mr. Pogue: The fifth one, numbered " 5," but " 4" in reality, on page 28. (Reading.) Resolved, That The American Bar Association readopts and approves Resolution Eighth of the 1925 report of this committee (A. B. A. Reports, Vol. L, page 354), as modified herein "Providing for the payment of interest on judgments rendered against the United States for money due on contracts," as set forth in the bill submitted herewith and attached hereto as Appendix "D." I can say to the Association that the only change in that bill as approved last year was changing the rate of interest from 6 to 4 per cent, and that was done as a result of the conference with the President, Mr. Coolidge. On motion, seconded and carried, the resolution was adopted and the bill approved. Mr. Pogue: On the second, the sixth, the seventh and the eighth, I ask the approval of the convention that they be referred back to the committee, at the suggestion of Judge Miller, so we can determine under the amendments that have been made what is comprehended in our committee's action. The President: The question is on the adoption of the remaining resolutions. Are you ready for the question? Mr. Pogue: I did not ask that they be adopted; that they be referred back. The President: The adoption of the resolutions here which provide for referring back. Mr. Miller: The first one of the resolutions, the one referred to as No. 6, cannot be referred back to the Committee on Commerce, Trade and Commercial Law for the continued study of that subject, as that committee has been abolished by action of this Association, by its action on yesterday. The one numbered as "y" has been disposed of by reason of the fact that you have approved the Uniform Vehicle Code; and the eighth cannot be referred back for investigation to this particular committee for the reason that the subjects in question have been disposed of, or rather, this committee has been divided into two committees and it would be impossible to refer the matter back to a committee which is now out of existence after the adjournment of this meeting. The President: Can we not by amendment refer them to this committee or such committees as have jurisdiction thereof under the report adopted yesterday? Mr. Miller: I will make a motion to this effect, that resolutions numbered "6" and "8," and the subject-matter thereof, be referred by the Association to the committees having charge of those matters. The President: Under the amendments of yesterday? Mr. Miller: Under the amendments of yesterday. William Marshall Bullitt, of Kentucky: A point of information. What is the object of referring the question of motor vehicle legislation to a committee of this Association, when this Association without, as I understand, any voice whatever or consideration of the matter, signs a blank check and approves the uniform laws of the National Conference? Mr. Miller: If I may answer the question, the motion I made does not refer to Resolution No. 7. Mr. Bullitt: I thought it did. Mr. Miller: It refers to Resolutions 6 and 8. The motion was seconded and the amendments to Resolutions 6 and 8 were adopted. Nathan William MacChesney, of Illinois: What is the action on No. 7? The President: No action has been taken: Mr. MacChesney: With reference to No. 7 I will take the liberty of commenting on the blank check idea, because I think it would be unfortunate in the adoption of the Uniform Vehicle Code to have the impression go out that it had not been given thorough consideration with the approval from time to time of this body. The sub ject matter of the Uniform Vehicle Code has been under consideration for nearly twelve years by the National Conference of Commissioners on Uniform State Laws, and in preliminary reports and in published acts in the proceedings of this Association it has been before this Association, and the Chairman of the committee of this Association has reported it in four separate years to this body for consideration and instruction, the reports have been received and the matter has been referred back. The Secretary of Commerce in 1924 called the first National Conference on Street and Highway Safety, in which this body was represented itself, as well as the National Conference of Commissioners on Uniform State Laws, and after a full consideration by that body it was determined that the subject-matter was a proper one for state regulation and not for federal regulation. The question of that determination came before this body, and as a result of a discussion of that specific question it was referred back to the National Conference of Commissioners on Uniform State Laws, which thereupon prepared a report which was then submitted to the Second National Conference on Street and Highway Safety, debated by your committee, debated by the National Conference of Commissioners on Uniform State Laws, has come back into this body and has now been approved. I submit, therefore, that this matter ought not to be given further consideration by The American Bar Association and that it has given the matter ample consideration. I therefore move that Resolution No. 7 be laid upon the table. (Motion seconded.) The President: As I understand, the motion now does not cover No. 7. Am I right in that? Mr. Miller: You are right. The President: This does not cover Resolution No. 7. We are voting on the report of Resolutions 6 and 8 as amended. On motion, seconded and carried, the resolutions as amended were adopted. The President: What will you do with Resolution No. 7? Mr. MacChesney: I renew my motion. Mr. Pogue: I just received a copy of the amendments. I had not the opportunity of seeing these yesterday. I move the adoption of No. 7. I think it properly belongs to the Committee on Commerce. I do not care to have any dispute with General MacChesney, but your new provision governing the Committee on Commerce provides that: The Committee on Commerce shall study the present status of federal and state laws and proposed amendments thereto pertaining to or affecting interstate or foreign commerce, recommend to the Association as occasion may require such action by the Association as may be deemed proper, and consider and report on such other matters as in the judgment of the committee are reasonably pertinent to the subject of foreign and interstate commerce and the laws relating thereto. Our committee relates to the subject of interstate commerce and does not cover the subject of the action by the Conference on Uniform State Laws. I will say to General MacChesney that our committee in connection with its work has given very careful consideration to the work of the committees and the National Conference, and we are endeavoring to work out matters that relate to interstate commerce that cannot be effected by the National Conference. I think it properly belongs to our committee under the resolution as passed by this Association yesterday. The President: The question is on the adoption of Resolution No. 7. Mr. MacChesney: May I say a further word on that matter, because it seems to me that it does involve a matter of principle? This first National Conference on Street and Highway Safety had in it all the great national interests primarily affected. It was supported financially, so that it might have the experts present, by the great industrial organizations, the National Motor Vehicle Conference, the American Railway Association, the National Electric |