McCord, E. S., Seattle. Poe, C. K., Seattle. Powers, Gordon, Vancouver. Tucker, Wilmon, Seattle. Roberts, F. M., Seattle. Thompson, L. L., Tacoma. Walkinshaw, R. B., Seattle. Wright, D. F., Olympia. WEST VIRGINIA. Coleman, Thos., Charleston. Davis, Staige, Charleston. Flesher, C. W., Gassaway. Hoff, S. M., Huntington. Lile, John A., Huntington. WISCONSIN. Bancroft, L. H., Milwaukee. WYOMING. Kinsley, H. Glenn, Sheridan. Registration: Guests 17 1272 744 Total 2033 FIFTY YEARS' PROGRESS IN LAW. ANNUAL ADDRESS. BY SILAS H. STRAWN, PRESIDENT OF THE AMERICAN BAR ASSOCIATION. Distinguished Guests and Members of the Association: I salute you this morning and bid you welcome to this celebration of the Fiftieth Anniversary of our Association. We have come to a beautiful city, amid surroundings upon which nature has lavishly bestowed her favors. At the outset, may I express my deep appreciation of the attendance of so many distinguished visitors from abroad who honor us by their presence. Even for those who have kept in step with the continuous march of progress during the last fifty years, it is difficult fully to comprehend what has been accomplished in the various fields of human endeavor. With the development of multifarious inventions, the multiplication of the means of communication and the ever-increasing complexity of our social life, there have come into force, since the birthday of the American Bar Association, four Amendments to our Federal Constitution, thousands of new laws and regulations, state and federal, respecting transportation, trusts, public utilities, corporations, workmen's compensation, aircraft, radio, new forms of insurance, investment trusts, revenue, health, food and a vast number of other subjects. Our members should be proud of the fact that during all the years of its existence, the American Bar Association has been persistently engaged not only in effectuating the objects of its organization by advancing the science of jurisprudence, promoting the administration of justice and uniformity of legislation and of judicial decision throughout the nation, and upholding the honor of the profession of the law, but also in actually participating in framing the laws and regulations which have been passed and adopted. It would be futile, indeed, for me to attempt even to outline the progress of the law in the last fifty years. I cannot hope to do more than briefly mention some of the more important changes in our substantive law made necessary to meet new conditions constantly arising in a country which has been passing through the most intensively active, if not indeed the most thrilling, era the world has ever known. Although our variety of climate and our inherent resources enable us to "live on our own" perhaps better than the people of any other country, and although we are too remote to hear the rumblings of war that sometimes come from the clouds overhanging other countries, we are, nevertheless, vitally interested in the peace of the world and in the prosperity and happiness of our foreign friends. Time will not permit me to go into the field of international relations or to note the progress in international law, although our Association always has taken an active interest in that subject. I commend to your consideration the splendid report of our Committee on International Law submitted to this meeting. THE FOUR CONSTITUTIONAL AMENDMENTS. When the delegates to the convention adopted the Federal Constitution, they did not think it was perfect or that it would suffice unchanged for all time. Indeed, in order promptly to accomplish the establishment of a new government, it was understood that ten amendments were soon to be added to the original draft. This was done. Then, after a lapse of nine years, the Eleventh Article was ratified, and after six years more the Twelfth Article was adopted. That the work of the founders of our republic in framing the Constitution was much better than they thought is evidenced by the fact that after the adoption of the Twelfth Amendment the Constitution remained unchanged, except by the addition of Articles Thirteen, Fourteen and Fifteen as the result of the Civil War, for a period of one hundred and nine years. THE SIXTEENTH AMENDMENT. During the Civil War the Federal Government imposed a tax on incomes. This tax was considered an excise tax and consequently beyond the constitutional prohibition. It was abolished in 1872. The Tariff Act of 1894 reintroduced an income tax providing that 2 per cent be levied upon all incomes in excess of $4000. This caused widespread agitation throughout the country. Much extravagance in the use of adjectives was indulged, such as, that the tax was inquisitorial; induced perjury; was undemocratic; a discrimination against the well-to-do; a demagogic bid for the support of the poorer classes; and that it was altogether unconstitutional. As you know, the Supreme Court of the United States in the Pollock Case declared the act unconstitutional and the subject of income tax legislation was dormant until 1909, when a tax was laid upon the income of corporations. The constitutionality of this tax was sustained on the ground that it was purely an excise tax. President Taft recommended that the Congress pass a joint resolution to amend the Constitution so as to vest the Congress with power to lay and collect taxes on incomes from whatever source derived, without apportionment among the several states and without regard to census or enumeration. Accordingly, the Sixteenth Amendment was adopted and the first general income tax law thereunder became effective as of March 1, 1913. Although the act contained many ambiguities and inconsistencies, nevertheless, taken as a whole, it was regarded as an intelligent effort. The income tax laws subsequently adopted are developments and refinements of the original act and, of course, since the end of the World War, these acts have reduced the tax rate. Long prior to the adoption of the Federal Law, a number of the states had income tax laws in some form. The pioneer in its successful efforts was Wisconsin, which, by its law of 1911, demonstrated the practicability of such a tax. There is a growing tendency on the part of the states to adopt income tax laws as an additional source of revenue or as supplanting in whole or in part the property tax. At the end of the year 1926 taxation on personal incomes was effective in twelve states, and at the same time taxes upon incomes of corporations were assessed in eleven states. THE SEVENTEENTH AMENDMENT. In the Constitutional Convention the delegates from the less populous states were apprehensive that the spirit of federalism would be destroyed if the control of the new government were divided among the states according to population; the more populous states, such as Virginia, Massachusetts, Pennsylvania and New York, by combining, could exercise complete control, regardless of the wishes of the other states. Therefore, a compromise was agreed to, whereby the Senate should be composed of two senators from each state, chosen by the legislatures thereof. In the course of time there was a growing demand that the government should be brought closer to the people, on the theory that in a democracy the government should at all times immediately reflect the popular will and that the senators should be elected by the people and not by the legislature. The opposition felt that the election of senators by direct vote might be influenced by current excitement or emotions and that the will of the people should be manifested only after mature consideration. Finally, the people compelled the passage by the 61st Congress of a resolution submitting the Seventeenth Amendment which was proclaimed ratified on March 31, 1913. Whether the election of senators by a direct vote of the people is an improvement upon the plan of their selection by the legislature is seriously debatable. Many criticize the present method because, when coupled with the prevailing system of primary elections, it discourages able men from assuming the burden of two campaigns, the primary and the election, as a condition precedent to the right to serve their country. THE EIGHTEENTH AMENDMENT. The Eighteenth Amendment was ratified by the legislatures of all the states save two. While the Supreme Court has construed the meaning of the other amendments incidental to its decision respecting statutes passed as the result of those amendments, the Eighteenth has the distinction of being the only amendment whose validity has been the subject of direct attack. |