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PROCEEDINGS

OF THE

FIFTH ANNUAL CONFERENCE OF BAR
ASSOCIATION DELEGATES

A Section of the American Bar Association Consisting of
Delegates from State and Local Bar Associations and
the American Bar Association.

The Fifth Annual Conference of Bar Association Delegates was held at St. Louis on August 24, 1920. Thirty-five states were represented in the Conference. Thirty-two state bar associations were represented, from the following states: Alabama, Arkansas, Colorado, Connecticut, Florida, Georgia, Illinois, Indiana, Iowa, Louisiana, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Nebraska, Nevada, New Hampshire, New Jersey, New York, North Dakota, Ohio, Pennsylvania, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, West Virginia, Wisconsin, Wyoming. Thirty-two local bar associations were represented. Altogether there were 64 bar associations represented to which is to be added the American Bar Association. Ninety-seven delegates were in attendance.

Moorfield Storey, of Boston, Mass., presided over the Conference.

The following set of resolutions was adopted at the meeting:

RESOLUTION RELATING TO ORGANIZATION OF THE BAR.

"Resolved, That the report of Mr. Goodwin's committee on the organization of the bar be approved and that it be circulated by the Secretary among state and local bar associations, with the recommendation that such associations consider its conclusions."

RESOLUTIONS RELATING TO UNLAWFUL PRACTICE OF THE LAW.

"Resolved, That the report of Mr. Piatt's committee be accepted, and that, subject to approval by the officers of the conference when amended so as to include Mr. Boston's reference

to the L. Tanenbaum, Strauss & Co. case, it be distributed among the various bar associations throughout the country."

"Resolved, That the definition of the practice of the law contained in the report of the Special Committee (Mr. Piatt's committee) be recommended to the various state and local bar associations for adoption in their state laws by appropriate legislation."

RESOLUTION RELATING TO AERONAUTICAL LAW.

"Moved, That the report be received or referred to the Executive Committee for such action as may be appropriate in the premises." (Subsequently referred to American Bar Association.)

RESOLUTION RELATING TO QUESTIONS DISCUSSED.

"Resolved, That these three questions* be submitted to the various state and local bar associations, with a request that they consider them and report to the Secretary and that their reports be made a subject for consideration at the next annual meeting, in conformity with the by-laws."

A draft of By-Laws was presented and after discussion adopted, whereby the Conference becomes a Section of the American Bar Association.

Article I of the By-Laws states that the purpose of the Conference" is to create a better understanding between the members of the American Bar and to induce a better and more effective cooperation by the bar associations of the country in the maintenance, the extension and the observance of the standards set by the American Bar Association." The membership of the Conference (Article II) "shall consist of delegates from the various bar associations of the country to be selected as follows: Five delegates from the American Bar Association, three delegates from each state bar association and two delegates from each

*1. What are state and local bar associations doing to impress upon the people of their states and communities the vital importance of respect for the law?

2. How can the influence of such associations in that field be increased?

3. What are the state and local bar associations doing to promote knowledge and understanding on the part of the people of their states and communities of the fundamental principles of American institutions?

local bar association throughout the country, to be elected or appointed in such manner and for such terms as each bar association shall respectively determine."

The Conference elected the following officers and the following members of the council:

Officers: Stiles W. Burr, Chairman, St. Paul, Minn.; Clarence N. Goodwin, Vice-Chairman, Chicago, Ill.; Julius Henry Cohen, Secretary, 111 Broadway, New York, N. Y.; Nathan W. MacChesney, Treasurer, Chicago, Ill.

Council: Elihu Root, New York, N. Y. (3 years); Moorfield Storey, Boston, Mass. (1 year); Charles A. Boston, New York, N. Y. (3 years); Thomas J. O'Donnell, Denver, Colo. (4 years); Thomas W. Shelton, Norfolk, Va. (4 years); William H. H. Piatt, Kansas City, Mo. (2 years); William V. Rooker, Indianapolis, Ind. (1 year); William J. Fitzgerald, Scranton, Pa. (2 years).

A copy of the report of the Committee on State Bar Organization, which was approved by the Conference at St. Louis, has been sent to all state and local bar associations, with the request that each state and local bar association consider the report and take action thereon. A copy of the brief prepared by the Special Committee on What Constitutes Practice of the Law and What Constitutes Unlawful and Improper Practice of the Law by Laymen or Lay Agencies has also been sent to all state and local bar associations and attention has been called to the resolution adopted with reference to the definition contained in the brief.

JULIUS HENRY COHEN, Secretary.

PROCEEDINGS

OF THE

SECTION OF PATENT, TRADE-MARK AND COPYRIGHT LAW

The Section met in annual meeting at the Hotel Statler, St. Louis, Missouri, August 25, 1920, at 2 P. M., the Chairman of the Section, Wallace R. Lane, of Chicago, Illinois, presiding.

The Chairman offered a set of by-laws, which were read in full to the Section. Edward S. Rogers, of Illinois, moved an amendment to the by-laws as proposed, which amendment was adopted. Thereafter, the by-laws as amended were, upon motion of James A. Carr of St. Louis, Missouri, adopted by the Section.

Chairman Lane then appointed Howard G. Cook, J. J. Gravely and Edwin B. H. Tower a Nominating Committee to nominate officers of the Section and members of the Council for the coming year.

The Chairman then submitted proposed report of the Section on Patent, Trade-Mark and Copyright Law to the American Bar Association in the form appearing in the July, 1920, issue of the JOURNAL, pages 505 to 507, inclusive.

After discussion of the report, Charles E. Brock, of Ohio, moved that the proposed report as read by the Chairman, together with recommendations therein contained be approved and adopted.

Robert H. Parkinson, of Illinois, then moved to amend the motion of Mr. Brock by adding thereto the following:

Resolved, First: That we urge prompt legislation increasing the force, salaries and equipment of the Patent Office; but regard as unnecessary and inexpedient the proposed legislation concerning compensation for infringement and that for separating the Patent Office from the Department of the Interior.

"Second: That in our judgment no legislation is desirable in the direction of substituting a special court of patent appeals for the Appellate Jurisdiction now existing, for reasons stated in the Reports adverse to such legislation submitted by the standing committees of this Association on Patent, Trade-Mark

and Copyright Law in 1918 and 1919, respectively, published in the July issue of The American Bar Association Journal for such years, in which reports we concur.”

The amendments proposed by Mr. Parkinson were adopted, and thereafter the original motion, as amended, was carried, and the report of the committee, as amended, was ordered to be submitted to the Association.

Amasa C. Paul, of Minnesota, thereupon delivered his address, entitled" Unfair Competition and Its Late Developments."

(The Address follows these minutes, page 400.)

Edward S. Rogers, of Illinois, thereupon read his address, entitled "Some Suggestions Concerning a Trademark Registration Act."

(The Address follows these minutes, page 412.)

The Nominating Committee thereupon submitted the following nominations:

Chairman of the Section, Amasa C. Paul. Vice-Chairman, Charles E. Brock of Cleveland. Secretary, Horace Van Everen, of Boston. Treasurer, James H. Thurston, Providence, R. I.

Members of the Council: Otto R. Barnett, of Chicago, one year; James A. Carr, St. Louis, two years; Melville Church. Washington, three years; Wallace R. Lane, Chicago, Ill., four years.

The officers so nominated were thereupon elected.

There being no further business, the Chairman declared the Section adjourned sine die.

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