you or whom you are particularly interested in, here in Seattle. Those tickets are for general admission. There are no reserved seats. They are for general admission to the Auditorium, but after the hour of 8.30 the Auditorium will be thrown open for admission to those who do not hold tickets. There will be no change in the audience between the time of Mr. Justice Stone's address and the pageant. The pageant will last about an hour, Mr. Justice Stone's address beginning about half past eight and the pageant somewhere about the hour of ten o'clock. Secretary William P. MacCracken, Jr., then read his report. (See infra, p. 294.) Province M. Pogue, of Ohio: I move that reading of the report of the Treasurer be dispensed with. The motion was seconded and carried. The report of Treasurer John H. Voorhees will be found at p. 296, infra. Secretary MacCracken then read the report of the Executive Committee (see infra, p. 303) down to and including a portion of the proposed Revision and Amendments to the Constitution and By-Laws. Burt W. Henry, of Louisiana: In view of the fact that this report has been printed in pamphlet form and has been circulated, I ask unanimous consent that the report as to the Constitution and By-Laws be not read. James H. Brennan, of Massachusetts: President Strawn:. The suggestion is that, inasmuch as the Constitution and ByLaws have been distributed in pamphlet form, they be not read. Of course that does not mean that you are not to consider the Constitution and By-Laws or that anybody should be deprived of the right to make any suggestion with reference to the Constitution and By-Laws which he wishes to make. The purpose of this is to obviate the necessity of reading all of this pamphlet on Constitution and By-Laws. It does not preclude anybody from making any suggestions as to the Constitution and By-Laws that he wishes to make. Mr. Brennan: If the purpose of the mover of the motion is simply to dispense with further reading, I will withdraw my objection. But if it is the purpose of the mover of the motion to have the Association adopt the report of the committee without further discussion or debate, I still object. I will withdraw my objection, Mr. Chair man. President Strawn: I understand that all objection to the report not being read has been withdrawn and that we have unanimous consent that the report be not read. The proposed revision of the Constitution. and By-Laws is now before the house for consideration. Edward T. Lee, of Illinois: Before the gentleman proceeds may I suggest that the amendments to the Constitution proposed by the committee be read for the information of the Association. President Strawn: The Secretary will explain the only substantial changes in the amendments. Secretary MacCracken : The report of the Executive Committee is not yet complete; in other words, there are some more features in the report aside from the reading of the Constitution and By-Laws. I assume we may take it for granted that unanimous consent be given to the reading of that part of the report not relating to the Constitution and By-Laws. Therefore the Secretary will proceed to read the report and then we will recur to the consideration of the Constitution and By-Laws. (Continuing with the reading of the report.) Orie L. Phillips, of New Mexico: In view of the fact that a different proportional vote is necessary to approve and adopt the different parts of the report of the Executive Committee, I move that for the purposes of considering this report it be segregated into two parts; that the proposed amendments to the Constitution and By-Laws constitute one part, and the remainder of the report constitute the other part. I further move that that portion of the report exclusive of the proposed amendments to the Constitution and By-Laws be adopted. The motion was seconded and carried. President Strawn: The next subject for consideration is the Constitution and By-Laws. Oscar C. Hull, of Michigan: Mr. President, I move the adoption of the following resolution: That the American Bar Association does hereby alter and amend the Constitution and By-Laws of the American Bar Association so that the same as amended shall read as follows: In accordance with the announcement of the Secretary, you will find complete draft in the printed pamphlets which have been distributed. The motion was seconded. James H. Brennan, of Massachusetts: I rise to a point of information. I would like to inquire of the Chair if the members here are to be allowed the privilege and opportunity, if they so desire, of offering amendments supplementary to the report of the Executive Committee. President Strawn: I suppose any amendments that are germane to the amendments that have been submitted would be pertinent here. Mr. Brennan: I would like to ask the Chair to rule on the motion of the gentleman, if it is permissible under that motion as read, to offer individual amendments outside of the scope of the committee report? Julius Henry Cohen, of New York: I rise to a point of order. My point of order is that the Chair cannot rule upon the gentleman's question of information with out ruling upon the amendments to the amendments as to whether they are pertinent and germane, and that the time for the answer to the gentleman's question is when he offers an amendment to the proposed amendment. President Strawn: The Chair will hold the point of order well taken. Mr. Brennan: I would like the Chair to rule on my point of information, Mr. Chairman. Are other amendments to be offered here and accepted by the Chair other than those recommended by the Executive Committee under this motion? President Strawn: We have no notice of any amendments to the Constitution other than those presented by the Executive Committee. The Constitution as now written provides thirty days' notice should be given of any amendment to the Constitution. If any amendments are offered which are germane to or a part of, or corrections of or additions to the amendments which have been presented by the Executive Committee those will be accepted then and not before. Therefore I hold the point of order presented by Mr. Cohen to be well taken. If you have any amendments to the Constitution to suggest that come within the scope of these amendments which the committee has submitted, they would be proper for consideration. We cannot determine until then whether those amendments which you have fall within that scope. Mr. Brennan: That is the information I desire, Mr. Chairman. Thank you very much. President Strawn: The motion before the Association is the adoption of the Constitution and By-Laws as presented. That is open to debate. I suggest in the interest of hastening the business that we discuss only those about which there is controversy. Mr. Brennan: Mr. Chairman, in keeping with the suggestion, in order to save time, I move that the Convention only concern itself and debate and discuss those amendments recommended by the committee and those amendments offered today by individual members. The motion was seconded. W. F. Mason, of South Dakota : It is impossible to revise a Constitution without acting on the whole of it. Edward T. Lee, of Illinois: There seems to be a misunderstanding in regard to this matter. Many believe that this is a new Constitution proposed for our adoption. In that case it would be open to amendment in all its parts. If, however, it is simply a proposition of the Executive Committee to amend certain parts of the present Constitution, then I respectfully suggest that these proposed amendments were not in the hands of the membership within thirty days before the date of this meeting. Therefore, we were not apprised that it was the purpose of the Executive Committee to introduce these amendments, and I trust the Executive Committee will not take advantage of the members who would have liked to introduce amendments if they had known in advance that the Executive Committee were to recast the Constitution. President Strawn: I will ask the Secretary to state when notice of these amendments was given. Secretary MacCracken: Notice of the Revision and Amendments to the Constitution and By-Laws was sent out with the advance program, the same as all the committee reports. It appears on page 14. It was sent out well in excess of thirty days prior to this meeting, together with the explanatory comment. Mr. Lee: But not necessarily received by those who have come from a long distance and have been on the way perhaps ten days or more. President Strawn: It was sent out at least thirty-five days ago to each member of the American Bar Association. The Chair will rule that proper notice was given. |