In support of the resolution I would say briefly this: Within a week I read of an address from the Chief Justice of another state, which was one of the states adopting the Declaration of Independence as well as the Federal Constitution, to the effect that the Federal Supreme Court usurped power in declaring laws unconstitutional. The British Empire is held together to-day by the like action of the Privy Council, which as to the thirteen colonies, began as early as the seventeenth century and still continues in relation to the present dominions, commonwealths and colonies, in holding colonial, dominion, commonwealth and union laws and regulations invalid as ultra vires. There are Privy Council decisions to this effect some before and many after the Revolution. The Privy Council, and High Court of Australia and the Supreme Court of Canada alike frequently hold laws invalid as ultra vires, which is judicially the same thing that we call unconstitutional. Furthermore, there is much historical evidence showing that the intent of the framers of the Federal Constitution was that invalid laws should be annulled by the judiciary, which because Elliot's Debates were not published until 1830, because of the delays in the publication of the works of most of the signers of the Constitution, and because of the then great popular aversion to the red coats in the breast of everybody any of whose relatives had died in a prisonship, been killed, wounded, or otherwise had suffered in the Revolution, it was either impossible or undiplomatic for John Marshall to use in his great constitutional opinions. Very many of our friends who are doing their best to make things better, especially some eminent members of the press, and some writers in the popular magazines, do not realize all or many of these historical facts, and it is the duty of our Bar Association to bring them forth and publish and circulate them freely as an aid in the administration of justice that will historically convince our intelligent electorate that the courts are only doing their duty in annulling unconstitutional laws. I move the adoption of the resolution. The motion was duly seconded and carried. F. E. W. Darrow, of Kingston: Mr. President, I offer the following resolution: Resolved, That the President of the Association be authorized to appoint a committee of at least five members of the Association to investigate the condition in in the City of New York and elsewhere within the State of New York arising out of the operation of the Bankruptcy Law, with full power to make such recommendations to Congress and other proper tribunals as they may deem best advised after proper consideration; and be it further Resolved, That such committee shall make a full report of its examination to the next regular or special meeting of this Association. The President: If I might suggest, Mr. Darrow, it seems to me the Association ought not to turn over its power to a committee to report to Congress unless the Association first gives the committee direction, and it seems to me that the committee should report first to the Association. Mr. Darrow: I will accept that amendment. The motion was duly seconded and carried. Charles E. McCarthy, of Troy: Mr. President, there is a matter that has been before the Rensselaer County Bar Association within a month. I have received a communication from the Brooklyn Bar Association in which they question whether the present system of getting out two sets of reports by two different reporters, and then in addition the session laws, is the best thing that should be done, or whether a system should be adopted looking for a uniform set of reports, and I move that a committee of five be appointed to examine the system of publishing the session laws and the reports and that they report their findings thereon to this Association at its next annual meeting. The Secretary: There is already a committee on that now. Virgil K. Kellogg, of Watertown: Mr. President, there is a Committee on Legal Publications, and I would ask the gentleman who has just spoken to withdraw his motion because I expect to make a report upon that very subject to-morrow. I have made some investigation of that subject. Mr. McCarthy: I shall be only too glad to withdraw the motion. The President: Motion withdrawn. REPORT OF COMMITTEE TO SUGGEST REMEDY FOR THE CONGESTED CONDITION OF MATTERS PENDING BEFORE THE BOARD OF CLAIMS John D. Lynn, of Rochester: Mr. President, the Committee to Suggest a Remedy for the Congested Condition of Matters Pending before the Board of Claims, of which I am a member, might report at this time if we may. We have no written report. We made last year a somewhat extensive report and it is published in last years' proceedings. The committee was then continued as an agency to do what they could to promote the purpose decided upon by this body at its last session. In pursuance of that bills were introduced in the Legislature last winter and we went to Albany and visited the Executive and the legislative leaders several times and did what we could to promote that legislation. By reason of the unfortunate hostility which arose between the two departments of government at Albany the matter failed. I think aside from that something would have been accomplished on the lines that we suggested. Further consideration of the subject has not caused us to change our recommendations as contained in last year's report, and acting on the suggestion from our Secretary, the committee, after the change in the executive department, took up the matter with the new Governor and expect to continue the matter with him. Thus far a couple of bills have been introduced in the Legislature looking toward the remedies we have heretofore suggested and one is being prepared and will be introduced, and I think that some legislation upon the subject will take place this winter which I think will be in accord with the recommendations which we made here. and which were approved by this body. Our duties, I suppose, end with this session, but we have kept actively at it, and while we cannot report much progress we can report continuous activity. The President: It seems to me that some action should be taken on the report just made by Judge Lynn. I didn't understand that you recommended that your committee end, inas much as the legislation has not been adopted, and it seems to me you ought to be continued. Judge Lynn: I think so myself, but in my modesty I suggested it might end. We have no particular desire to end. Francis Lynde Stetson, of New York: Mr. President, I move that the committee be authorized to continue in order that it may reconcile activity with progress. The motion was duly seconded and carried. The Secretary: Mr. President, I beg leave to present the report of the Committee on the Selection of Candidates for Judicial Office. Mr. Fox was chairman of that committee and he has given me his report which with your permission I will read. The Secretary read the report of the committee as follows: REPORT OF COMMITTEE ON THE SELECTION OF CANDIDATES FOR JUDICIAL OFFICE To the New York State Bar Association: A meeting of the Joint Judicial Committee was held in Albany, June 26, 1913. The following preamble and resolution were unanimously adopted: WHEREAS, The terms of office of Chief Judge Cullen and Judge Gray of the Court of Appeals will expire at the end of this year, and it is essential to the public welfare and the best and permanent interest of all the people of the State that the standards of learning, independence, impartiality and industry which have characterized the services of these great Judges and the administration of justice in our highest judicial tribunal for many years should be continued, and, |