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have the aid of their counsel and experience, would be perhaps the best practical arrangement.
If it shall be your pleasure to accept this action which we propose, our President and the ex-President, Mr. William Allen Butler, of New York, will immediately enter upon their duties as members of your Executive Committee.
In this connection another matter has been called to our attention, in regard to which we offer a slight amendment, It has seemed to us that it would be a becoming courtesy to make the ex-Presidents of this body honorary members of it; we therefore recommend the adoption of the following amendment to Article IV; add the following words:
“All ex-Presidents shall be enrolled as honorary members."
Mr. President, we submit this matter to the Association for its action.
The proposition is open for debate if any gentleman desires to address the Association. If not, we will take up the first proposition, which is the one in reference to the Executive Committee. Article III now reads as follows: “ The following officers shall be elected at each annual meeting for the year ensuing: A President (the same person shall not be elected President two years in succession), one Vice-President from each State, a Secretary, a Treasurer, a Council, consisting of one member from each State (the Council shall be a standing committee on nominations for office), an Executive Committee, to be composed of the Secretary and Treasurer, together with three members to be chosen by the Association, one of whom shall be chairman of the Committee.'' Now, the proposed amendment is as follows: Strike out all following the words “Executive Committee," and insert the following, “ which shall consist of the President, the last ex-President, the Secretary, and the Treasurer, all of whom shall be ex officio members, together with three other mem
bers to be chosen by the Association ; and the President, and in his absence the ex-President, shall be chairman of the Committee.”
The amendment was then adopted.
The next amendment to the Constitution is Article IV. Append the following words :
“ All ex-Presidents shall be enrolled as honorary members."
Skipwith Wilmer, of Maryland :
I would ask, Mr. President, that that lay on the table temporarily. I am sure, sir, that I feel as deeply as any one the debt which we owe to our ex-Presidents, but we meet here without any distinction in class, and the idea of creating a class of honorary members, which may be increased hereafter by the addition of gentlemen who have not served, is a matter that might be very properly considered with some deliberation by the Association. I think it a wise thing, therefore, to let that rest until we can consider it a little more fully than we would be able to do this morning
I therefore move you, sir, that this second amendment lay on the table temporarily, to be taken up at any time when the Association is ready to take it up and consider it.
Robert D. Benedict, of New York:
The next business in order is the nomination and election of members.
George G. Wright, of Iowa :
Mr. President and gentlemen of the Association, as Chairman of the General Council I am instructed to present for membership the following names :
(See List of Members elected, at the end of the Minutes of the Proceedings.)
Walter George Smith, of Pennsylvania :
I see that the next business on the programme is the election of the General Council. Before that is done I move that a recess of ten minutes be taken to enable the gentlemen present to decide upon the meinbers of the General Council from their States.
Rufus King, of Ohio:
(A recess was then taken for ten minutes.)
The President :
The names of the States will be called by the Secretary, and then gentlemen will announce the names of the General Council.
The Secretary :
Mr. President, by the Constitution we have certain delegates who are entitled to membership here, and it seems to me that before the call of the Council it would be right that we should know who are delegates here, and if it would be in order, sir, I proceed to read : We have from Michigan, George W. Moore ; from Tennessee, W. C. Folkes, Robert L. Morris, and X. Wheeler; from Georgia, Hoke Smith; from Kansas, A. L. Redden. These gentlemen have the same rights as other members in the meeting. It may be that there are in some cases no members present except the delegates—they have the same rights as other members.
On behalf on Francis Rawle, who is absent, I desire to submit the Treasurer's report.
(See the Report at the end of the Minutes.)
The report was received and approved and ordered printed.
The Association adjourned to 8 o'clock P. v.
The Association will come to order. The first business this evening is the report from the Secretary.
The Secretary :
Before I proceed with my report, Mr. President, there is a matter that ought to precede that. We have James L. Orr present at this meeting as a delegate from South Carolina.
Mr. President, this Association now has seven hundred and forty members. The recapitulation of the whole number is on page 150 of the Annual Report, showing thirtyseven States and two Territories, Colorado being the only State not represented in our membership.
Several matters were referred to committees at the last meeting, the list of business of which will be found on page 551. We may expect to hear from the Committee of Jurisprudence and Law Reform about the approbation of the bill introduced in the United States Senate by Senator Cockrill, providing for the appointment of a commission to prepare a Federal code of procedure, recommended strongly by Mr. Justice Miller, of the United States Supreme Court, or any bill having a similar object in view.
We may expect to hear from the Committee on Judicial Administration and Remedial Procedure in regard to a resolution referred to it, presented by Mr. Borcherling, of New Jersey, last year, which reads thus : “ That this Association recommends to Congress the passage of an act creating a penal colony of the United States, and to which each of the
States and Territories of the United States shall have the right and power to convey all such criminals as may have been convicted twice, and whose sentence shall be pot less on the second conviction than five years' penal service.”
A resolution of Mr. Willis, of New York, referred to the Committee on Publication, in regard to the printing a report of the Committee on Delay and Uncertainty, met with the response from the Committee that they thought it not advisable to print anything more on that subject, as very much had already been printed.
A resolution of Mr. Earle, of the District of Columbia, relating to the relief of Congress from the necessity of private legislation, was referred to a committee of five, of which committee Mr. Earle was the Chairman.
A resolution of Mr. Bonney, of Illinois, relating to uniformity of practice in the United States, with a draft of proposed bill, was referred to the Committee on Judicial Administration and Remedial Procedure; also a draft of proposed bill to regulate inter-State debts and collections under the power to regulate commerce among the several States, was referred to the Committee on Commercial Law; also a draft for a proposed bill for courts of arbitration of the United States, which was referred to the Committee on Jurisprudence and Law Reform.
A resolution of Mr. Wagner, of Pennsylvania, relating to a national bankrupt law, referred to the Committee on Commercial Law.
A resolution of Mr. Green, of Ohio, referred to the Committee on Jurisprudence and Law Reform, relating to the publication and sale of State reports. Those matters are expected to come before this meeting by the reports of the various committees.
The usual programme of the proceedings has been printed, and is in the hands of the members.
At every meeting of the Association large numbers of members do not register-probably through mere neglect—but