Charles F. Libby: I may have inadvertently misstated the time that has elapsed since the appointment of this Commission. It is more than two years; it may not be quite three years. Henry E. Davis, of the District of Columbia: This Commission for the Revision of the Criminal Laws was appointed several years ago, and consisted of three members. At the last session of Congress, the number of members was increased to five, and the Commission was charged with the duty of revising not only the criminal but also the general statutes of the United States. That Commission is now engaged in its labors. It has been retarded in the discharge of its labors, first, by the illness, followed by the death, of one of the members of the Commission. There is every reason to believe now that their work will be expeditiously performed. Wilbur F. Sanders: I am very grateful for the information. I am not so insistent upon a revision of the criminal laws or the civil laws of the United States, as I am for a re-publication of the Statutes at Large of the United States, which was given over, very many years ago, to Messrs. Little, Brown & Company, and the recent numbers of which I believe are in existence, but the edition down to perhaps twenty years ago is wholly out of print. I think the Congress of the United States, upon the request of the American Bar Association, would pass a law providing that those statutes as they were passed should be reprinted with. annotations. And I move you, sir, that this question of the advisability of reprinting the Statutes at Large of the United States, with annotations, be referred to this committee, and that they be requested to make a report thereon, and to urge upon Congress the necessity of such a re-publication. The President: There is already a motion before the House, namely, upon the continuance of the committee. The Chair will first put the question upon that motion: The motion was adopted. Wilbur F. Sanders: Now I renew my motion. Charles F. Manderson, of Nebraska : As I understand Mr. Sanders' motion, it is that the committee be requested to take steps to call to the attention of Congress the necessity of the re-publication of the Statutes at Large. I think the matter will come with more force and have the greater effect if, by a resolution passed by this Association, the attention of Congress is called directly to the fact that the Statutes at Large are largely out of print, and ask that they be re-published. The present manner of publication and distribution is, that first, for free distribution by members of Congress, the statutes, at the close of each session of Congress, are published in pamphlet form, and are distributed, to a very moderate degree, to the constituents of Congressmen. This is a very unsatisfactory way to receive even the Session Laws of Congress. At the close of each Congress the statutes are published under the direction of the State Department, and in bound form are sold by the Secretary of State. I think if we were to memorialize Congress, or adopt a simple resolution calling attention to the fact and asking that the Statutes at Large be re-published in bound form and be sold either by the Public Printer or by the Secretary of State at their cost to the government, with ten per cent. added, which is the usual course of procedure, that that will carry greater weight than to have the Committee act upon it. Wilbur F. Sanders: My friend, Senator Manderson, who was Chairman for many years of the Joint Committee on Printing in Congress, knows more about this matter than any other person possibly can hope to know, and his suggestions are law to me. I have not any doubt but that we should memorialize Congress to re-publish, I hope, with annotations; I hope that will meet Senator Manderson's approval. Someone ought to annotate them, I think, and call attention in Volume I to all the subsequent legislation that appertains to the law involved. I will therefore modify my motion to conform to Senator Manderson's suggestion, namely, that the American Bar Association respectfully memorializes Congress to cause to be republished the statutes of the United States in extenso, as they have heretofore been published, with such annotations as will render them intelligible as to subsequent legislation upon similar subjects. The President: Will the gentleman reduce that motion to writing? I will reduce the motion to writing, so that it will express the idea which I have perhaps very vaguely indicated. Charles F. Manderson : I second that motion. The President: Gentlemen, you have heard the motion which has now been seconded. Are you ready for the question? Sigmund Zeisler, of Illinois: I would suggest that before we vote upon this motion it be put in writing. It is best to pass upon this matter when a motion has been put in writing, so that we can see just what it is. And I would suggest that it be laid over until tomorrow morning. The President: Does the suggestion of the gentleman from Illinois meet with favor? If so, the Chair thinks that is possibly the best plan to pursue. Therefore, this will come up to-morrow morning under the head of unfinished business. Is there any report from the Committee on Penal Laws and Prison Discipline? R. W. Williams, of Florida: Four members of the committee are not here, Mr. President, and no report has been prepared. The only business referred to the committee is a direction to submit a resolution changing the Constitution and By-Laws of the Association, so that this Association may be ready at the next International Congress which meets in Hungary four years hence. I would ask that the matter of a report be deferred until the next meeting. The President: Is there a motion for a continuance of the committee? William A. Ketcham : I make that motion. Wilbur F. Sanders: And I second it. The motion was adopted. The President: The Committee on Federal Courts is next in order. Charles F. Libby, of Maine: In the absence of the Chairman of that committee I have been requested to present a short report and a resolution in behalf of the committee. (See the Report in the Appendix.) William A Ketcham: As I recollect it, this Association, a year or two ago, authorized action by some committee with reference to securing an appeal from interlocutory orders. Wilbur F. Sanders: The existing law touching the trial of cases in the courts of the United States was the result of differences of opinion between the Senate of the United States and the House of Representatives. It is ten years ago, perhaps, that this law was passed, and the House of Representatives passed a law upon that subject. It came to the Senate-and the Senate is nothing if not wiser than the House-and it was deemed essential for its dignity to change the law entirely, and we did So. The present law was drawn, I believe, by our late distinguished member, Mr. Evarts. It has proved wholly unsatisfactory, I think I may say; but it has occurred to me that there ought to be an opportunity for all litigants who try cases before juries, notably, and who are liable to be taken by surprise, to have a second trial, either in the court in which the some appeal-speaking now That has been a provision original trial was had, or upon merely of the question of fact. that has obtained in some states, and I think it wise, because litigants cannot always anticipate what may be produced against them; whereas, if they have an opportunity to have a re-trial, either in the same court or upon appeal, they can correct any error that might have arisen. I am very much impressed with the wisdom of the law that is recommended, but I think that there ought to be an opportunity on some condition for a party who has beeen beaten in a case at nisi prius to have a re-trial without unnecessary delay. I rise, not to make any motion to change the matter that is before the Association, but to suggest that to the committee. The President: The question before the Association is upon the proposed resolution read by Mr. Libby, to the effect that the committee. be continued with the power to advocate the passage of the bill which has already been approved by this Association. The motion was adopted. The President: The Committee on Appeals from Orders Appointing Receivers is next in order. Charles F. Libby: That is covered by the functions of this same committee, I believe. The Secretary: I have a report here from that committee which I will read. Wilbur F. Sanders: I move that that report be received and the committee continued. The motion was adopted. (See the Report in the Appendix.) William A. Ketcham: Would it be in order to move the discharge of that committee from further consideration of the subject, and the duties of the committee be referred to this other committee? |