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 CONSTITUTION, 
 
 BY-LAWS, 
 
 ROLL OF MEMBERS, 
 
 AND 
 
 PROCEEDINGS 
 
 OF THE 
 
 California 
 Bar Association 
 
 At its Meeting 
 
 Held in San Francisco, California 
 
 November eleventh 
 
 Nineteen Hundred Nine. 
 
Cornell University Law Library 
 
 THE GIFT OF 
 
 Date. 
 
 ^A.'.'JA':^... 
 
■<n^-''' 
 
C^iC'^f At'i» \ 
 
 -X'S uw/,.;x 
 934 ,/ 
 
 CONSTITUTION, BY-LAWS 
 
 AND 
 
 PROCEEDINGS 
 
 Off THE 
 
 California Bar Association 
 
 AT ITS MEETING HELD IN SAN FRANCISCO, CALIFORNIA, 
 NOVEMBER 10, 1909. 
 
fs'sl^^'^ 
 
 The Recorder Printing and Publislilng Co. 
 ISO McAllister Street 
 
FFICERS 
 California Bar ^Association 
 1909-1910 
 
 President 
 
 CURTIS H. LINDLEY 
 
 San Francisco 
 
 Vice-President, First District 
 
 M. K. HARRIS 
 
 Fresno 
 
 Vice-President, Second District 
 
 LYNN HELM 
 
 Los Angeles 
 
 Vice-President, Third District 
 
 F. W. STREET 
 
 Sonora 
 
 Secretary 
 
 ERNEST J. MOTT 
 
 San Francisco 
 
 Treasurer 
 
 T. W. ROBINSON 
 
 Los Angeles 
 
 Legislative Council 
 
 Alameda — R. M. Fitzgerald. 
 Alpine— O. K. Grau. 
 Amador — ^A. Caminetti. 
 Butte' — A. P. Jones. 
 Calaveras — James Keith. 
 El Dorado — C. H. Swisler. 
 Fresno — Frank H. Short. 
 Glenn — Claude F. Purkitt. 
 Imperial— Geo. H. P. Shaw. 
 
 Monterey — Fredk. P. Feliz. 
 Nevada — Fred Searls. 
 Placer — John M. Fulweiler. 
 Sacramento — li. T. Hatfield. 
 San Francisco — ^Wm. Denman. 
 San Joaquin — F. D. Nicol. 
 San Mateo — Geo. C. Ross. 
 Santa Clara — Victor A. Scheller. 
 Santa Cruz— H. C. Wyckoff. 
 
 Los Angeles — James H. Shankland. Tehama — J. J. Wells. 
 Madera — Francis A. Fee. Tuolumne — E. W. Holland. 
 
 Merced — J. W. Knox. Ventura — W. H. Barnes. 
 
INDEX 
 
 Adjournment 26 
 
 American Bar Association, reference to 18 
 
 Annual meeting, 1910, to be held at Los Angeles 24 
 
 Bar Association — 
 
 American, reference to 18 
 
 California delegates to 3 
 
 Former state organization ready to turn over assets and 
 
 charter 7 
 
 Funds of state organization of 1890 7 
 
 Los Angeles, vote of thanks to 26 
 
 Majority rule should govern 18 
 
 San Francisco, vote of thanks to 26 
 
 State, designed to elevate professional life 29 
 
 State, not legislative body 20 
 
 Virginia State, endorsement of Judge Ross 26 
 
 By-Laws 29 
 
 Addresses and Papers, Art. VII 34 
 
 Adoption of 22 
 
 Amendment of. Art. XII 3B 
 
 Annual Reports, Addresses and Papers, Publication of. 
 
 Art. VIII 34 
 
 Business, Order of. Art. X 35 
 
 Committee, Nominating, Art. V 34 
 
 Committees, Standing, Art. Ill, Sec. 1 ■. . 31 
 
 Admissions, duties of. Art. Ill, Sec. 4 33 
 
 Constituent Associations, duties of. Art. Ill, Sec. 5. . . 33 
 
 Executive, duties of. Art. Ill, Sec. 3 31 
 
 Finance, duties of. Art. Ill, Sec. 2 31 
 
 Grievance, duties of. Art. Ill, Sec. 4 ■ .31-32 
 
 Legal Biography, duty of. Art. Ill, Sec. 7 33 
 
 Reception, Art. Ill, Sec. 8 33 
 
 Council, Legislative, Art. I, Sec. 4 30 
 
 Debate, limitation of, Art. XI 36 
 
 Dues, Art. VI 34 
 
 Duties of Officers, Art. 1 29 
 
 Legislative Council, Art. I, Sec. 4 30 
 
 Limitation of Debate, Art. Xl 35 
 
 Members, Organization, Art. XIII 86 
 
 Nominating Committee, Art. V ■. 34 
 
 Officers, duties of. Art. 1 29 
 
 Order of Business, Art. X 35 
 
 Organization members, Art. XIII 36 
 
 Papers, Addresses and. Art. VII 34 
 
 President and Vice-Presidents, Art. I, Sec. 1 29 
 
 Publication of Annual Reports, Addresses and Papers, 
 
 Art. VIII 34 
 
 Quorum, Art. IX 35 
 
 Secretary, Art. I, Sec. 2 29 
 
 Sections, Art. II 30 
 
 Standing Committees, Art. Ill 31-34 
 
 Treasurer, Art I, Sec. 3 29 
 
 Vice-Presidents, President and. Art. I, Sec. 1 29 
 
 Chairman, Temporary, Address of 2 
 
Pag« 
 Committee on Constitution and By-Laws and Organization — 
 
 Adoption of Report of 21 
 
 Appointment of 4 
 
 Discussion on Report of 8-21 
 
 Report of 8 
 
 Constituent Associations, discussion as to 12-13 
 
 Constitution 27 
 
 Adoption of 21 
 
 Amendments, Art. VII 29 
 
 Constituent Associations, Art. Ill 27 
 
 Membership, Art. 11 27 
 
 Name and Object, Art. 1 27 
 
 Officers, Art. IV 28 
 
 Sections, Art. V 2$ 
 
 Sessions, Art. VI 2t 
 
 Ooostltution and By-Laws — 
 
 Report of Committee on 8 
 
 Motion to adopt as read S 
 
 Memberslilp, article relating to, read t 
 
 Amendment to article precluding incumbents of bench 
 from election to office or from serving on sections or 
 
 standing committees, proposed 8 
 
 Amendment adopted 9 
 
 Amendment to article regarding delegates from constitu- 
 ent associations and other Individuals offered 9 
 
 Discussion on 9-11 
 
 Substitute for amendment offered II 
 
 Substitute accepted IS 
 
 Discussion continued 13-21 
 
 Question on, demanded 21 
 
 Substitute rejected 21 
 
 Report adopted, subject to amendment (p. 9) 21 
 
 Canstttution, proposed; basis and origin of, explained by Chair- 
 man S 
 
 layltaitlon to hold aext annual meeting at Los Angeles ac- 
 
 cei)ted 24 
 
 Legislative Council, selection of 26 
 
 ICajority rule governing principle in American life, should 
 
 govern Bar Associations IS 
 
 Hembershlp, dlscussloa on article relating to 8-21 
 
 Miscellaneous Busiaesa 24 
 
 Nominating Committee, motion to appoint lost ' 4 
 
 Discussion on 5 
 
 Election of 22 
 
 Motion to adopt carried 25 
 
 Remarks of Chairman on 4 
 
 Report of 25 
 
 Officers, permanent, temporary officers elected as 4 
 
 Elected by acclamation 2S 
 
 Of Association, nomination of 25 
 
 Temporary, elected as permanent officers 4 
 
 Opening Address 1 
 
 Organization, Temporary — 
 
 Adopted 21 
 
 Chairman, Temporary, nomination and election of 2 
 
 Permanent, Committee on Appointment of 4 
 
 Report of 8 
 
 Roll Call on 3 
 
 Secretary, Temporary, nomination and election of 3 
 
— ill — 
 
 Permanent Officers, temporary officers elected as 4 
 
 President, Address of 35-26 
 
 Resolution Endorsing Hon. Erskine M. Ross for vacancy on 
 
 bench of Supreme Court of United States 24 
 
 Adopted 26 
 
 Roll Call on Organization 3 
 
 Ross, Hon. Erskine M., endorsed for vacancy on bencli of 
 
 Supreme Court of United States 25 
 
 Endorsed by Virginia State Bar Association 25 
 
 State Bar Association of 1890 — 
 
 Statement by Chairman concerning later organization 7 
 
 Statement by Treasurer of 1 
 
 Tax, per capita, statement of Chairman concerning 22 
 
 Amendment accepted 24 
 
 Amendment offered fixing tax at 25 cents 24 
 
 Discussion as to amount of 23 
 
 Motion to fix at $1 23 
 
 Motion to fix tax at 25 cents carried 24 
 
 Temporary Organization 2 
 
 Chairman 2 
 
 Chairman, Address of 2 
 
 Secretary 3 
 
 "The Recorder", statement by Chairman concerning 7 
 
 Vote of Thanks to Bar Associations of San Francisco and Los 
 
 Angeles 2S 
 
PROCEEDINGS. 
 
 Pursuant to call, lawyers from different parts of California as- 
 sembled in the Red Room of the St. Francis Hotel, San Francisco, 
 on Wednesday, November 10, 1909. Mr. Emil Pohli of San Fran- 
 cisco, called the meeting to order and addressed the delegates as 
 follows: 
 
 Mb. Emil Pohu, of San Franeiseo — Fellow delegates to the pro- 
 posed State Bar Association : As chairman of the section of the local 
 Bar Association which has had in charge the preliminary work lead- 
 ing up to this meeting, I have been called upon to open this meeting, 
 which I now proceed to do with a due sense of appreciation of the 
 honor and privilege accorded to me. 
 
 I do not suppose that after last night's preliminary meeting it is 
 necessary to add anything further in the way of a welcome to you 
 on behalf of the San Francisco Bar Association. Neither will it be 
 necessary for me to say much in regard to the purposes and objects 
 for which we have all met today. I thinli they are pretty well under- 
 stood by every delegate here, and I think every delegate present ha.s 
 come here with the sincere intention and the earnest purpose to carry 
 out, if possible, or to do all he can to carry out, the objects for which 
 we have met. 
 
 I might, however, call your attention to one or two things before 
 calling for temporary organization, which I think are extremely 
 important in this meeting. I consider this, the first meeting of the 
 proposed State Bar Association of California, the most important 
 one that it is likely to have in its history. For, as we build today, 
 so we will be able to work in the future. The foundation which we 
 lay today will be the foundation for the success or failure of the 
 organization. 
 
 Within the last few mouths, when I have been doing some propa- 
 ganda work toward this meeting, I have found that in a great many 
 of the outlying counties there is a feeling or attitude of distrust 
 toward this proposed movement. That has arisen largely from the 
 fact that, as probably most of you know, in the past there have been 
 two attempts made to form a State organization, both of which have 
 proved abortive, the last organization becoming practically the per- 
 sonal chattel of a few men who, so the impression has been, attempted 
 to use it for their private gain and for their private advantage. 
 Therefore, as a leading lawyer in one of the outlying counties said 
 to me, "Mr. Pohli, we are not going to send any delegates to that 
 meeting. We are going to stay at home. We are going to see what 
 you are going to do. We are going to see what plan of organization 
 you submit to the bar of the State, what men you put at the helm to 
 carry out that organization, and if the work that you do at your 
 first meeting is an earnest of your sincere intention to do something 
 to put the bar of this State properly before the people, we will join 
 you most enthusiastically." 
 
— 2 — 
 
 We have, out of the fifty-six counties of the State, delegates from 
 twenty-six or twenty-seven counties. It will therefore be extremely 
 Important, gentlemen, to form an organization along lines simple but 
 effective, which will, right from their very inception — on their face — 
 show that this is going to be an organization for the whole State, 
 that it will not give room for the preponderance of any particular 
 section of the State, that it will not give room for the control of 
 the organization by any clique or set of men, but that it will be an 
 organization which has sincerely and honestly an intention to do 
 the best for the whole State of California. 
 
 The second point that I want to call to your attention is this: 
 the constitution and laws which you may adopt may be ever so good, 
 but if they have not men behind them who are earnestly striving 
 to carry them out, the man behind the gun, the lawyer behind the 
 constitution, they will be of no avail. 
 
 Therefore, Gentlemen, in the selection of the men who are to lead 
 your movement in the next year, you ought to be extremely careful. 
 You ought to select men who stand high in our noble profession, men 
 whose very names will be a guaranty to the scoffer on the outside 
 and on the inside of our profession, that the promises which we 
 make today, the pledges which we make to the profession and to the 
 State, will be carried out to the letter, and if they cannot be carried 
 out to the letter, that the men we put at the helm will at least try 
 to carry them out, for it is better to strive than to do nothing at all. 
 
 I now call for motions for temporary organization. 
 
 Mb. Lynn Helm, of Los Angeles : Mr. Chairman, I have the 
 pleasure at this time of nominating the Honorable Curtis H. Lindley 
 for temporary chairman of this Association. I know when I suggest 
 his name there will be no mistrust on the part of any of the delegates 
 at this convention, and certainly there can be none from any of the 
 other lawyers of the State who may subsequently join this Asso- 
 ciation. It will be a good start to have Mr. Lindley as temporary 
 chairman of this meeting. 
 
 Mr. Frank H. Short, of Fresno : Mr. Chairman, I wish to second 
 the nomination of Judge Lindley, and I know we will all feel in 
 selecting him as temporary chairman, his standing, his eminence in 
 the profession, is such, that it will remove any possible suggestion 
 that any ofHce in this Association is used as a stepping-stone to 
 professional success, because the judge is already there. 
 
 Mb. J. J. Wells, of Tehama, seconded the nomination of Judge 
 Lindley. 
 
 Me. Pohli: Gentlemen, do I hear any other nominations? If 
 not, I declare the nominations closed. If there is no objection, Judge 
 Lindley will now take the chair. Gentlemen, Judge Lindley, who 
 needs no introduction at my hands. (Applause.) 
 
 Temporary Chairman Lindley: Gentlemen, I thank you sin- 
 cerely for the compliment and honor bestowed upon me in asking 
 me to temporarily preside over the deliberations of this gathering. 
 I have so frequently expressed to you gentlemen here, personally 
 and by communication, the objects and desires of the membership 
 of the constituent organization that I humbly represent, that this 
 venture might prove a solid and substantial success, that I do not 
 need to expatiate upon it at this time. We had last evening at the 
 
— 8 — 
 
 Banquet a discussion from different viewpoints of what work there 
 is before us, and I apprehend that, as you gentlemen are many of 
 you here from long distances, we should at once get down to busi- 
 ness, and for that reason I will not address you further at this time. 
 
 I have in my pocket a tentative roll call of the delegates which 
 have been accredited to this meeting or convention. So far as we 
 have been able to receive notifications and responses, this list is 
 complete. Perhaps it might be well, before proceeding further with 
 a roll call, to have the convention select a temporary secretary. The 
 chair awaits the pleasure of the convention in that behalf. 
 
 Mr. Grant H. Smith, of San Francisco, placed in nomination Mr. 
 T. W. Robinson, of Los Angeles, which nomination was duly sec- 
 onded, and, no other nominations being made, Mr. Robinson was 
 declared elected as temporary secretary, and assumed his duties as 
 8uch. 
 
 The TempobaBt Chairman : The suggestion emanating from the 
 chair that possibly the roll call of all the counties might be had 
 profitably, and the list of delegates checked up, is made for the 
 purpose of ascertaining whether or hot there are any delegates or 
 any associations in attendance here who havft not reported to the 
 secretary of the organization committee. I will, therefore, ask the 
 secretary to read the list of delegates as named in the roll call. We 
 will then have a knowledge of who are represented and who are not. 
 As the names are read, if there are any mistakes, they may be noted, 
 while if the delegation is properly scheduled, there will be no neces- 
 sity for any comments. 
 
 The secretary thereupori called the roll, and the following dele- 
 gates were found to be in attendance : 
 
 DELEGATES TO ORGANIZATION MEETING, CALIFORNIA BAR 
 ASSOCIATION. 
 
 Counties. Delegates. 
 
 ALAMEDA— Wm. R. Davis, Geo. W. Reed, R. M. Fitzgerald, M. O. 
 
 Chapman. 
 ALPINE— O. K. Grau. 
 
 AMADOR— John F. Davis, E. B. D. Spagnoli, W. J. McGee. 
 BUTTE — ^A. F. Jones, Guy R. Kennedy. 
 CALAVERAS— James Keith, William A. Dower. 
 EL DORADO— C. H. Swlsler. 
 
 FRESNO— M. K. Harris, Geo. E. Church, Frank H. Short 
 GLENN— Claude F. Purkltt; 
 IMPERIAL— Geo. H. P. Shaw. 
 LOS ANGELES— Lynn Helm, William J. Hunsaker, J. A. Gibson, J. 
 
 H. Shankland, Walter S. Wright, Thos. W. Robiiison, Wheatoii 
 
 A. Gray, Walter Leeds, Gurney Newlin, R. J. Dillon, OScair 
 
 Mueller, Oscar F. Trippett. 
 MADERA— Francis A. Fee, R. E. Rhodes. 
 MERCED— J. K. Law, J. W. Knox. 
 MONO— J. D. Murphy. 
 MONTEREY— Frederick P. Feliz. 
 NEVADA— Fred Searls, T. S. Ford. 
 PLACER— John M. Fulweller, B. P. Tabor, W. B. LSrdner. 
 SACRAMENTO^L. T. Hatfield, R* A. Wailng. 
 
— 4 — 
 
 RAN FRANCISCO— Warren Olney, Jr., William Denman, Chas. S. 
 Wheeler, Jesse W. Lilieuthal, O. K. Cushing, Edward A. Bel- 
 cher, Emil Pohli, Grant H. Smith, Curtis H. Lindley. 
 
 SAN JOAQUIN— A. H. Ashley, T. S. Louttit. 
 
 SAN MATEO— Geo. C. Ross. 
 
 SANTA CLARA— S. G. Tompkins, Victor A. Scheller, H. C. Jones. 
 
 SANTA CRUZ— H. C. Wyckoff, H. A. Van C. Torchiana. 
 
 SHASTA— Thomas B. Dozier. 
 
 STANISLAUS— W. H. Hatton, J. W. Hawkins. 
 
 TEHAMA — W. P. Johnson, J. J. Wells. 
 
 TUOLUMNE— G. W. Nicol, F. W. Street. 
 
 VENTURA— R. M. Clarke. 
 
 Mr. J. A. Gibson, of Los Angeles: Mr. Chairman, I now move 
 that a committee of seven, of which committee the chair shall be 
 a member, be appointed to report a constitution and by-laws for this 
 organization. And, as a draft has been prepared and has been 
 examined by several of the delegations, such committee could probably 
 report in one hour. It would, of course, facilitate the adoption of a 
 constitution and by-laws to have those instruments reported to the 
 committee, so that it could act upon them as a basis, as there seems 
 to be a divergence of opinion now as to certain measures in the 
 proposed constitution and by-laws. 
 
 The motion was seconded by Mr. Jesse W. Lilieuthal, of San 
 Francisco, and unanimously carried. 
 
 Upon motion of Mr. Gibson, duly seconded, the temporary officers 
 of the convention were at this point elected as the permanent officers 
 of the meeting. 
 
 The chairman thereupon appointed as the committee to report a 
 constitution and by-laws, the following: 
 
 James A. Gibson, of Los Angeles ; 
 
 Grant H. Smith, of San Francisco ; 
 
 John F. Davis, of Amador; 
 
 M. K. Harris, of Fresno ; 
 
 Fred Searls, of Nevada ; 
 
 G. W. Nicol, of Tuolumne, and 
 
 J. K. Law, of Merced ; 
 
 Curtis H. Lindley, the chairman, acting under the motion. 
 
 Me. R. M. Claeke, of Ventura : Mr. Chairman, as this commit- 
 tee just appointed by you will undoubtedly recommend a constitution 
 providing for officers, it seems to me the business of the meeting 
 might be facilitated by the appointment of a nominating committee 
 to nominate the officers suggested by the constitution and by-laws, 
 that committee to report in conjunction with the committee on con- 
 stitution and by-laws. 
 
 The Chairman : The chair, as a rule, ought not to debate ques- 
 tions or make suggestions, but I have a profound conviction that 
 the presiding officer of a gathering ought not to appoint a nominat- 
 ing committee. It is a feature in many of the civic organizations with 
 which I have been familiar that that has been the cause of seripus 
 complaints, having especial reference to the perpetuation of an ad- 
 ministration, and I trust that when this Association deliberates upon 
 that question in its copstitution and by-laws, it will provide some 
 
— 5 — 
 
 method which does not give the control of the appointment of a 
 nominating committee to the presiding officer. I would like Tery 
 much to have the gentleman from Ventura consider that suggestion 
 and modify his motion to the extent of changing the method. 
 
 Mb. Clabke: I do not Insist upon it at all, Mr. Chairman. It 
 merely seemed to me that it would facilitate the business of this 
 meeting only. I know of no other way in which the committee might 
 be appointed than by the chair, unless we constitute ourselves a 
 committee of the whole for the naming of that committee. 
 
 Mb. Helm : I move that we postpone action referring to a nomi- 
 nating committee until after the adoption of the constitution, because 
 that may provide a way by which this nominating committee may be 
 appointed. I believe there is such a paragraph in the constitution 
 or by-laws that have been tentatively suggested and discussed. 
 
 Me. Wells : I recall, Mr. Chairman, that in the proposed draft 
 of constitution and by-laws there is a paragraph which says that an 
 elisor should be elected. But it seems to me that for this occasion 
 there is no danger of such a perpetuation of officers being the result, 
 and that it would be eminently fitting and proper for the chair to 
 appoint such a committee for this occasion, and then when the con- 
 stitution has been adopted, if it provides another way for futxire 
 meetings, it will be well. I think the chair might very properly 
 nominate such a committee at this time. 
 
 A Delegate : Mr. Chairman, I agree with the gentleman who h^s 
 just spoken. Perhaps as a permanent feature of our organization it 
 would not be well for the chairman to continually appoint a nomi- 
 nating committee. But we have met here for the first time. As a 
 rule, the delegates here are strangers to the others. I think it would 
 be much better for a nominating committee to consider the mattet 
 carefully and suggest names to this Association of those who might 
 act as officers for the first term, men who could and would give the 
 necessary time to the work, and men whose names would carry 
 weight throughout the State. I thinlc to start off well, it would be 
 better to have the names suggested by a nominating committee than 
 to have them selected haphazard. But I see no reason why ihe 
 chair should not appoint that committee. 
 
 Mb. John M. Fulweiler, of Placer: Mr. Chairman, it seems to 
 me the suggestion as made by the gentleman is rather premature 
 and ineffective, for this reason : As I understand, there are some 
 provisions in the constitution as proposed for the appointment of a 
 nominating committee by some such rule to select the officers of this 
 organization for the future. The moment that constitution is adopted 
 It is the law that governs this body, and no matter what particulat 
 nominating committee you might appoint now, they are defunct when 
 that organic law is adopted, and as their duties must be discharged 
 under the constitution and not under the action of this convention, 
 it seems to me that the appointment of a nominating committee as 
 suggested by these gentlemen is a futile thing. 
 
 The Chaikman : Of course, the constitution might provide that 
 that method of selecting officers would only obtain after the organi- 
 zation meeting. That might be possible. But there is another diffi- 
 culty which occurs to me as we pass along. We do not now know 
 just what offices we shall have to fill by election. 
 
— 6 — 
 
 Mb. John F. Davis, of Amador: I think perhaps the easiest way 
 to conclude this matter is to raise the point of order that the motion 
 is out of order. 
 
 The Chaieman : The chair rules against a point of order of the 
 diaraeter, for the reason that this is a deliberative body and is not 
 t)ound by any constitution, and can do pretty much as It pleases at 
 tiie present time. 
 
 Mb. C. H. Swisleb, of El Dorado : The chairman has stated that 
 experience in other associations has shown that the appointment 
 of nominating committees by the chair might result in the perpetua- 
 tion of officers in office. I do not know that this could by any possi- 
 bility amount to a continuance of an administration. However, it 
 aeems to me that the motion is premature. We do not know until 
 a constitution is adopted what officers will be provided for, and that 
 instrument, when adopted, will probably provide the manner for 
 making nominations, the manner of electing, and so on. As Judge 
 Fulweiler says, that becomes the governing instrument of this organi- 
 aation, and it constitutes the rules to which we conform. So I think 
 it would be better to postpone this matter until after we have effected 
 an organization. As yet we have not even decided that we will form 
 such an organization. Possibly it might be well enough before we 
 leave this morning to adopt some expression to the effect that it is 
 the sense of this body that we do effect a State organization. At 
 any rate, nothing has been done as yet, and it is all in the air. 
 
 Mr. W. S. Wright, of Los Angeles, moved that the meeting adjourn 
 until 1 o'clock P. M. The motion was seconded by Mr. Swisler. 
 
 The Chaieman: Before putting the motion to adjourn, which Is 
 not debatable, I desire to say a word to the delegates assembled here 
 with regard to an instrument that has been referred to by some of 
 the gentlemen. Some of the good people of our Association spent 
 some Uttle time in examining constitutions and by-laws of other 
 organizations, among them of the Medical Association, which is said 
 to have an ideal organization, and that of the American Bar 
 Association, together with certain amendments that have been 
 very strongly urged at the last two sessions of the National 
 Bar Association, and also the constitution and by-laws of the City 
 Club of the city of Chicago, and that of the Commonwealth Club of 
 the city of San Francisco, and something like a dozen or more con- 
 stitutions of other State organizations, forming what I think the 
 gentlemen who are responsible for the document would call a sort of 
 eclectic system, applicable to the institutions of California. This 
 instrument was typewritten and sent out to a large number of the 
 delegates whose names were submitted to the secretary in time to 
 send such an instrument out, with the suggestion that it was merely 
 a tentative basis of discussion, that it was not any man's plan, that 
 It did not purport to be the embodiment of all parliamentary wis- 
 dom, and that it was simply sent out with the hope that it would be 
 utilized purely as a basis of discussion, and that it would be rigidly 
 criticized and amended, if the exigencies seemed to the individual 
 members to demand it. There are many delegates present here who 
 have not seen that instrument, but I am quite anxious to dis- 
 abuse, if possible, the minds of some gentlemen here who might 
 think that this instroment may have been conceived in iniquity 
 
— 7 — 
 
 and for some specific and ulterior purpose. We have distributed 
 ttie proposed document as widely as it is possible, considering 
 especially the slowness with which some of the constituent asso- 
 ciations have responded to the appeal for delegates. That it is 
 not in the hands of every delegation here is due largely to the 
 fact that we did not know who were coming. With this brief 
 statement, I will proceed to the motion. 
 
 Mr. J. K. Law, of Merced : Mr. Chairman, if I may be per- 
 mitted, I desire to make the statement at this time that in the 
 year 1890 there was formed a State Bar Association, Judge Thomas 
 B. Stoney, a distinguished member of the Bar Association of San 
 Francisco, being President, and Mr. Charles J. Swift, Secretary, 
 and, over my protest, I was elected Treasurer. Subsequently Judge 
 Stoney passed away, and Mr. Swift went East, and I find in my 
 possession at this time that I have collected as Treasurer of that 
 organization, which I suppose is now defunct, $390, while I have 
 paid out $162.60. I have in my possession, therefore, credited to 
 "J. K. Law, Treasurer of the California State Bar Association", 
 in one of our local banks, the sum of $227.40. If this organization 
 can show that it is the survivor, the successor, or the heirat-law 
 of that organization, I am ready to turn over the funds. 
 
 The Chairman : The statement of Judge Law calls to my mem- 
 ory another late lamented deceased organization. It became neces- 
 sary to apply to the Secretary of State to ascertain, for the purposes 
 of the name of this Association, v,'hether the other organization 
 was or was not defunct. The Secretary of State informed me that 
 the records of his office showed that the charter was still alive 
 and had not been forfeited. This morning I received a telephone 
 message from Mr. Comegys, the former secretary of that association, 
 wherein he tendered us all the assets and charter of the institution, 
 and said that he would see it was properly transferred to us, if we 
 desired to accept the same name. So we are about to' receive two 
 legacies, one of some potential value and the other possibly not so 
 potential. Before putting the motion to vote, I will state that the 
 committee appointed on constitution and by-laws will assemble im- 
 mediately upon the adjournment of this meeting. 
 
 The convention thereupon adjourned until 1 o'clock p. m. 
 
 AFTERNOON SESSION 
 
 The convention was called to order at 1 :30 o'clock p. m. by Chair- 
 man Curtis H. Lindley. 
 
 The Chairman : Before proceeding with the business of the 
 meeting, I wish to invite the attention of the members to tlie pub- 
 lication of "The Recorder," of San Francisco, which contains the pro- 
 ceedings of the banquet of last evening, and one of the addresses, ana 
 that each day following it will contain an address until all have been 
 published. These will be distributed to the members while they are 
 present. I also invite your attention to one of the back pages of the 
 issue, where there is an entire list of addresses of the members of the 
 bar in San Francisco. And I wish to say this, in behalf of the Bar 
 Association of San Francisco, as well as of ourselves, that all 
 through this campaign for the organization of the State Bar we have 
 had the cordial support of the lawyers' paper of San Francisco, and 
 
we are under many obligations to that paper for many courtesies. 
 We are now ready to receive the report of the committee on organi- 
 zation. Judge Gibson, will you report for the committee? 
 
 Mr. James A. Gibson, of Los Angeles : Mr. Chairman and Gentle- 
 men : Your committee on constitution and by-laws and organization* 
 have carefully considered the draft that was proposed, and have 
 suggested various amendments to it, and I have been requested to 
 read it. Such of you gentlemen as may have copies of the original 
 draft may be able to follow me as I read. 
 
 (The report of the committee was then read to the convention 
 in extenso.) 
 
 The Chairman : Gentlemen, you have heard the report of the 
 committee on organization. What is your pleasure? 
 
 Mb. L. T. Hatfield, of Sacramento : On the report as a whole, 
 Mr. Chairman? 
 
 The Chaieman : The chair will entertain any motion as to what 
 disposal the convention desires to malve of the report. I suppose the 
 proper motion would be that it be received and placed on file. If 
 there are no objections, the report will be received and placed on file, 
 and is now open for your consideration. What is your pleasure? 
 
 Me. Gibson : I move that the constitution be adopted as read. 
 
 Me. Davis : I second the motion. 
 
 Mr. Hatfield; I would lilie to have the provision in regard to 
 membership read. I understand you have eliminated all reference to 
 honorary members and retained federal and other judiciary. 
 
 The Chairman: I will read that provision for the information of 
 the gentleman from Sacramento. I will read the entire article on 
 membership. It reads as follows: 
 
 "MEMBERSHIP 
 
 "The members of the association shall consist of : 
 "1. Such members of county, city or city and county bar 
 associations, hereinafter called "Constituent Associations', as 
 may be selected by such organizations, as hereinafter provided 
 in Article III. Such members to be denominated delegate- 
 members. 
 
 "2. All members of the Bar of the State of California in 
 good standing, including judges of the State courts of record 
 and judges of the Federal courts sitting in this State, who 
 shall have been elected to membership as provided in the by- 
 laws. Such members shall be denominated members-at-large, 
 and to pay such dues as may be prescribed by the by-laws." 
 
 Me. Hatfieid: I imderstand that as it stood originally, honorary 
 members were not entitled to vote or to hold office upon any active 
 committee. That was the fact, was it not? 
 
 The Chairman : Xes. 
 
 Mk. Hatfield: I desire to move an amendment to that particu- 
 lar paragraph, that those who are judges, while they are in office, 
 shall be ineligible to hold any office in this association or to be upon 
 any committee. 
 
 The Chairman: I understand the motion of the gentleman from 
 Sacramento to be this : That while the incumbents of judicial offices, 
 both State and Federal, within the State of California, are eligible to 
 membership, with all the privileges of debate and voting, that there 
 should be a provision to the effect that they should not hold office or 
 
— 9 — 
 
 serve upon any standing or special committee of the association 
 while they are in office. Is there any second to the amendment? 
 
 Mr. William J. Hunsakek, of Los Angeles : I second the motion. 
 
 (The motion was put and unanimously carried.) 
 
 The CHAiBMAif : The section will be so amended. Will you 
 have the kindness, Mr. Hatfield, to phrase that amendment and pass 
 it up to the secretary's desk, and before we pass it? 
 
 Me. Hatfield : Yes. As I have now written it, it reads : 
 
 Provided, that no incumbent of the bench shall be elected to 
 
 an ofiice in this association, or be qualified to serve upon any 
 
 of the sections or standing committees. 
 
 The Chairman : That will stand as the amendment as adopted. 
 
 JXr. J. J. Wells : Mr. Chairman, are you ready for further 
 amendments? 
 
 The Chairman : Tes. 
 
 Mb. Wells : I move you as an amendment to the section relating 
 to members, where it reads, "delegates from constituent associations 
 and other individuals," that it be confined to "other individuals in 
 cities, cities and counties, or counties, which have no local bar as- 
 sociations." 
 
 Me. Denman, of San Francisco : I second the motion. 
 
 The Chairman : Let me see if I understand the motion. The 
 constitution as presented provides for two classes of members, mem- 
 bers of the constituent associations elected by those associations and 
 members-at-large, who are members of the bar, not necessarily mem- 
 bers of the constituent associations, or who may be members of the 
 associations. In other words, a constituent association sending a list 
 of delegates of three, if you please, may have a constituency that 
 may become members of the association and enjoy the same privileges 
 as delegate-members. The motion of the gentleman from Tehama is 
 to limit what we call the delegates-at-large to counties where there 
 are no local bar associations, and to prevent the sending of delegates- 
 at-large or members-at-large to particii)ate in voting from those coun- 
 ties where there is a constituent organization. Is that the correct 
 interpretation of your motion? 
 
 Me. Wells: That is correct, Mr. Chairman. 
 
 The Chairman: In other words, there would be members-at-large, 
 but they are to be limited to counties that have no bar association. 
 
 Mr. Wells: Correct, Mr. Chairman. Now, just a word on that. 
 I personally have no fear of the domination of this association by 
 any city, by any community. But I know that there is a great 
 deal of fear on the part of many country lawyers, as was expressed 
 this morning, by some one on the floor, that the organization might 
 be dominated entirely by the city where it might meet, that if a 
 number of the lawyers in that particular city should make up their 
 minds to put through some particular program, it could be easily 
 done, through the plan as proposed by the report as read, whereas, 
 if individuals could not become members of this association except 
 by virtue of being elected as delegates from the constituent associa- 
 tions, the city where the organization might meet could not in that 
 way, by having a large number of members elected from that city, 
 dominate the entire proceedings. It would be purely a representative 
 body, whereas as proposed by the committee supporting this pro- 
 posed constitution, it would partake of two characters, both repre- 
 
— 10 — 
 
 sentative and individual members. I think for tlae good of the 
 association, in the long run, it would be well to adopt the proposed 
 amendment. 
 
 Mb. H. C. Wyckoff, of Santa Cruz: Coming from a country 
 district myself, it seems to me that we should aim to make this 
 organization at the beginning as strong in membership and in in- 
 fluence as we can make it, and that that result will be arrived at by 
 letting any reputable member of the bar apply for membership and 
 be elected. 
 
 Mh. Denman: Mr. Chairman, I am not clear in my own mind 
 exactly how the present plan is going to work with regard to pass- 
 ing upon proposed legislation, and of course that is the main func- 
 tion of this association, as I understand it. We would be something 
 more than a police force, something more than a mere cleaner-up 
 of the profession; we are to do something affirmative, and to get 
 something before the people of the State that will in some way 
 benefit us and change conditions that we now consider improper. 
 I do not quite understand how we are to get the sense of the asso- 
 ciation in regard to proposed legislation. 
 
 Mk. Hatfield: I rise to a point of order. I don't think the gen- 
 tleman is talking to the motion before the house. 
 
 Me. Denman: If the Chairman will pardon me, I think I can 
 point out that it is pertinent to the motion. The motion before 
 the house is for the purpose of determining the membership in the 
 organization, and it has been stated by the President that the mem- 
 bers have a vote on all of these matters, and I am now trying to 
 discover through my question to the Chairman what the method 
 of voting is to be that those members are to enjoy. The purpose 
 of this organization is to reach men, and in determining the mem- 
 bership of the association, it is quite proper to find out what func- 
 tions they are to exercise. When my question Is answered, I desire 
 to further discuss the question, if the information is as I expect 
 it will be. Do I understand, Mr. President, that the members as- 
 sembled at the annual meeting in San Francisco, say, which will 
 necessarily consist of a majority of San Francisco lawyers, have the 
 power of recommending legislation? 
 
 The Chairman: Under the proposed constitution, yes. 
 
 Mk. Denman: At that annual meeting? 
 
 The Chairman: Yes, 
 
 Me. Denman : If that be the case, it seems to me that we are 
 running directly into the evil which was referred to from the chair 
 this morning, that is to say, of arousing Instead of alleviating the 
 conception of the country attorneys, that the people in the large 
 cities want to run things. It is perfectly apparent that if we in San 
 Francisco wanted to do it, and if we did have any measure that was 
 favorable to this city and not favorable to the country section, that 
 we could fill up this annual meeting with members who would prob- 
 ably carry that through. I don't know that anybody has any desire 
 to do that. I am certain I am the last person here to have such a 
 desire. But it certainly is true that if we desired to do it, it could 
 be done, and the fact that it could be done is going to make your 
 wary country lawyer more unlikely to join the association. If it be 
 true that the difficulty you have encountered in the preliminary 
 steps of this organization has been to get those lawyers in, we 
 
— 11 — 
 
 are simply going to feel it by the course that we here take. What is 
 the objection to having our organization a representative body? Why 
 should it not be made up of the delegates from the bar associations? 
 Really it is the duty of every member of the bar, every reputable 
 member of the bar, I will say, to Join his local bar association. He 
 ought to be in it, and I believe that our general State organization 
 ought to lay that down as one of the conditions of membership in 
 this association, that the members of the bar shall join the local bar 
 associations if there are such to join in their locality. True, if there 
 is not one, then he can come in under the method suggested by the 
 amendment. I am opposed to the constitution as it now stands, and 
 I am opposed to it as the result of my experience in the legislature, 
 several sessions. I have found that whenever a measure was pro- 
 posed by San Francisco or Los Angeles, that the country delegates 
 have said, "Oh, you fellows that live in the cities make all the 
 trouble we have here. You have not solved your problems of munici- 
 pal life, and you come and throw upon us the burden of making 
 a solution of them. We are tired of it." The consequence is that 
 many of our measures that would be of benefit to us are defeated 
 because the country legislator fears that the city legislator is 
 trying to take a twist in the legislation, trying to alienate the city 
 from the country and affect the interests of the country section. 
 We want to bring the people together, and want to get together in 
 a State organization on a relationship to the common people, that 
 will make them think they and we are one, and that the problems 
 of the city and the problems of the counti-y are tied up together. 
 
 Mb. Walter S. Weight, of Los Angeles: I think, Mr. Chair- 
 man, the gentleman who has just spoken is in error in this: the 
 paper which is now before us, as reported from the committee, does 
 not provide for recommendations upon legislation at the annual 
 meeting. 
 
 Mb. Dbnman: The President just so informed me. 
 
 Me. Wright: I think it is referred to the membership upon a 
 postal card vote. 
 
 Mb. Dexman: I put that question to the President, and my 
 entire debate was based upon his answer. The delegates there 
 assembled would have the right to vote and to recommend legisla- 
 tion to the legislature, as I understand him. 
 
 Mb. Weight: I think it is provided that it is referred to a 
 committee. 
 
 Mb. Dekman: But after the committee has reported and the 
 matter has come into the general assembly, as I understand it, the 
 delegates present at the annual meeting have the right to vote there 
 and decide whether or not the legislation shall be recommended. 
 If it is true that the matter is to be decided by postal card vote, 
 and no matters can be decided at the annual meeting, the situation 
 is different. But my inquiry elicited a different answer, as I 
 understood it. 
 
 The CHAiBMAisr: My understanding is, and if I am not correct. 
 Judge Gibson will correct me, that a postal card vote or vote by 
 United States mail is only an expedient devised for the purpose of 
 obtaining the sense of the association when the association itself 
 
— 12 — 
 
 is not in session. The association when in session, through its 
 properly constituted membership, has entire control of the situation, 
 and those present and qualified to sit as members of the association, 
 will determine the policy of the association. Legislation, before be- 
 ing presented to the association, must go through the sections and 
 the Executive Committee. Only in the event of an exigency arising 
 which calls for action by the association between the time of the 
 annual meetings, is the matter submitted to the legislative council. 
 When the association lias gathered and sections have reported, and 
 the Executive Committee has turned in its proposed legislation, the 
 matter Is then up before the association for such action as it may 
 deem proper. The difference between the plan as now proposed and 
 the one that was tentatively suggested is simply this, that the ques- 
 tion of all legislation and the control of the policy of the association 
 was confided to delegate-members, the members-at-large not having 
 any voting power. The committee carefully considered the pros 
 and cons of that proposition, it being essential to consider not only 
 the immediate necessities but the possibilities of future growth and 
 the stability of the organization and its support and maintenance, 
 and those and a great many other questions were debated and dis- 
 cussed, and after mature consideration the committee has reported 
 as presented. The difference between the two propositions is this: 
 Any member of the bar, although not a member of a constituent 
 association, or any member of the bar of a county that has a con- 
 stituent organization, may become a member of the State associa- 
 tion and vote and have the same privileges of the floor at meetings 
 of the association, as has a delegate-member — that imder the report 
 of the committee as presented; where, as proposed in the draft that 
 went to the committee, delegates only from counties having bar as- 
 sociations could vote, other members having the privilege of the 
 floor but not the privilege of voting. Is that a correct explanation 
 of the matter. Judge Gibson? 
 
 Me. Gibsos : That is correct. 
 
 A Delegate: Does not this plan as embodied in the proposed 
 amendment discourage the formation of constituent bar associations? 
 Under the amendment, as I understand it, members can be elected, 
 anybody can be elected a member of this association who comes from 
 a county where there is no bar association. Counties that have no 
 association will have the advantage. It seems to me that this plan 
 would discourage the formation of bar associations in other counties. 
 If it could be arranged so that members could be elected from coun- 
 ties, whether they have bar associations or not, but those members 
 could not vote, if from where they had no bar associations, it 
 seems to me that that would be better than the plan of the pro- 
 posed amendment. This proposed amendment certainly would dis- 
 courage the formation of county associations, and would give coun- 
 ties who have no association the advantage. 
 
 Mk. R. a. Waring, of Sacramento: It seems to me, Mr. Chair- 
 man, that the tentative plan suggested here first ought to come 
 before this assembly, and for that reason I now move as a substi- 
 tute that the plan outlined in the tentative plan as presented to the 
 committee for consideration be adopted, and that we go back to 
 
1 o 
 
 io 
 
 that, making, however, one change: that there be one additional 
 delegate for each fifty. 
 
 A Delegate: Read It, If you have it there. 
 
 Mii. Warikg: It reads as follows: 
 
 "CONSTITUENT ASSOCIATIONS: 
 
 "All county, city, and city and county bar associations in 
 this state which have been or which hereafter may become 
 organized, shall be entitled to representation in this associa- 
 tion by delegates elected or appointd, as said constituent asso- 
 ciations may determine. The basis of representation shall be 
 three delegates, and one additional delegate for every forty 
 members in excess of fifty. Delegates from the constituent 
 associations, who shall be known as delegate-members, shall 
 be elected or appointed at least thirty days prior to the con- 
 vening of the association in annual meeting, and shall hold 
 ofBce for one year from the date of their election or appoint- 
 ment. 
 
 "Such delegates when assembled shall, with the officers 
 elected or appointed, constitute the association, and shall con- 
 sider and determine all matters of policy and administration 
 other than those specially confided to the legislative council, 
 sections and standing committees, as hereinafter provided.'" 
 
 I might read the next section in connection with that, because 
 I think that ought to be added. That section reads: 
 
 "MEMBERS AT LARGE. 
 
 "Members of the bar of this State in good standing, when 
 admitted to membership, as provided in the By-Laws, shall 
 have the privilege of attending all meetings of this associa- 
 tion, participating in debate, and being present on all occa- 
 sions when the association is assembled for any purpose; but 
 they shall have no vote in the meetings. 
 
 "They shall pay such dues as may be prescribed by the 
 By-Laws." 
 
 It seems to me that that it a very good section, and those two 
 sections together are much better than the scheme or plan offered 
 by the committee. I would suggest, in this connection, that the 
 members of the bench be merely members at large, that they have 
 no vote on those matters, that the voting be entirely restricted 
 to the representation of the different constituent associations rand 
 that encourages the formation of bar associations in the other coun- 
 ties. If members from outside counties where there are no bar asso- 
 ciations wish to attend and address the meeting or bring up any 
 proposition, they have the right to do so, and they may be present 
 and be heard. It will encourage these members who are aggressive 
 in that particular, if they find they are disfranchised by not having 
 a bar association in their particular county, it will spur them on 
 to do so, and half a dozen attorneys might form a bar association. 
 In order' to get representation here, I think that would be the result. 
 
 Mb. Wells: With the consent of my second, I will accept that 
 substitute in lieu of the proposed amendment as I offered it. 
 
 Mb. Denman: I accept it. 
 
 The Chaieman: The question is now on the adoption of the 
 
 substitute. . ^ . , ^ 
 
 Mb. Edwabd A. Belcheb, of San Francisco: I wish to second 
 the proposed substitute for the report, and to say that I think 
 there is very great force in the suggestion made that it would be 
 
I —14 — 
 
 quite possible, wlien the annual meetings of the association are held, 
 especially in large cities, that there might he some invidious criti- 
 cism made, even though there was no real trouble behind it all, by 
 reason of the number of local members participating. It is very 
 easy to escape that by taking away from the delegates other than 
 those from the constituent associations the right to vote. Yet it is' 
 of the greatest consequence to the future life and usefulness of this 
 association that there should be delegates-at-large. It may very 
 well chance that where there are regular appointees from a con- 
 stituent of this association, that there might be some other lawyer- 
 member, possibly, absent at the time of the making of appointments, 
 who would be extremely useful to this association, and whom we 
 shall very greatly desire to have with us. "We could have him avail- 
 able without destroying his usefulness or encroaching upon any dan- 
 gerous limit by giving him a vote. Therefore, I think to return 
 to the original motion, that the power of the association shall be 
 in the delegates from the constituent associations, is the better plan, 
 and that the members-at-large shall have no vote. 
 
 Me. Fulweilee: If I understand this matter, it is to lead rhe 
 bar of the State of California out of the salt marsh in which it has 
 been sinking in the past, and to get our attention as members ot 
 the bar of this State that we may aid and assist in the enactment 
 of legislation, so far as procedure and other matters are concerned, 
 that will be for the benefit of the State of California, of the people 
 of the State, and indirectly or inferentially for our own benefit. 
 Such being the fact, I have thought over this matter with consider- 
 able care, and when it comes to this question of membership, I want 
 to say this to you: We may have in a county, as we have in ours, 
 a membership of twenty to thirty members of the bar. Our local 
 bar association can only get the consent of a half dozen of them 
 to become members of it. They may come down here and ask you 
 gentlemen to elect them to this State Bar Association, and yet 
 they do not represent the membership of our association, and in 
 fact, if they applied for membership in our local bar association, 
 they might be refused admission. Yet they come down here and 
 possibly are admitted and take part in the deliberations of the 
 general association of the State. I think if there is anything good 
 in connection with this matter, we ought not to have any representa- 
 tion in our body here excepting of members of the bar association 
 and those whom we might call honorary members. A man who is 
 a lawyer and does not think enough of the profession, does not 
 believe enough in the needs of our profession of the law to become 
 a member of the local bar association of the community in which 
 he lives, will not make a very good member of a State Bar Asso- 
 ciation. Personally, in connection with that matter, I do not think 
 that we ought to have any members of this bar association except- 
 ing, it may be, the judges of the various courts, except such as are 
 members of some local bar association or your San Francisco Bar 
 Association. It may be, it is true, that the judgment of the Mem- 
 bership Committee may prevent undesirable attorneys from coming 
 into your association. But I have thought over this matter in con- 
 nection with that feature, and there are certainly some members 
 of the bar of the State of California living outside of the city of 
 San Francisco that I would not be very particular to take by the 
 
— 15 — 
 
 hand and call a member of the association of which I am a mem- 
 ber. It is on that particular view that I base my position, and I 
 think that the matter should be strictly enforced. Beyond all that, 
 in the course of time, I think our by-laws ought to be amended so 
 as to prevent the coming in of a member outside of the local bar 
 association in any event. 
 
 Ms. Gibson: In order that the plan of the constitution may be 
 fairly understood, I will say for the Committee that we carefully 
 considered the representative plan, that is to say, to make the or- 
 ganization a house of delegates, simply to act through representatives 
 from the local bar associations. But after considering that matter 
 carefully, we concluded that lawyers require a democratic organiza- 
 tion, where every man qualified for membership and admitted to 
 such would have a right, not only to express his view, but to influ- 
 ence the action of the body by his vote. And I take it from my 
 observation over twenty years of the various bar associations of this 
 State, of several of which I have been a member, that it would be 
 very diflicult to maintain an organization, a central organization, 
 composed merely of representatives sent by the various local bodies. 
 It is one of the most difficult things, as every gentleman present who 
 has been a member of a bar association, probably outside of San 
 Francisco, knows, to maintain a local organization. In Los Angeles 
 it has taken us twelve or fifteen years to build the organization up 
 to its present degree of efficiency. I do not know how it is in San 
 Francisco, but that is the length of time it has taken us. Down in 
 San Diego, they have a large and influential bar association, and we 
 could not induce them to send a delegate to this meeting. The same 
 way with the County of Riverside, and the same way with San 
 Bernardino County, and I could name a number of counties in the 
 same category. It was reported here this morning that Marin, just 
 across the bay, has not sent delegates. It may have a bar associa- 
 tion, and probably has. But if you start out here upon the theory 
 and with the false hope that you are going to maintain a central 
 organization composed of a mere house of delegates, I think you 
 will find that at the end of the year you will have a disorganization 
 rather than an organization, or that it will become of so little im- 
 portance that nobody will attend. As it is now, by inviting all 
 reputable members of the bar throughout the State to come in as 
 members at large and participate in the discussions and influence the 
 action by their vote, you hold out some inducement for them to become 
 members. Every organization in the State may send its delegates, 
 and thus exert its influence and increase the influence also and the 
 representation of the members who may also be members of the 
 same local body that is represented by delegates. That dual repre- 
 sentation will not militate against its efficiency. But if you cut it 
 down and make it a mere organization expressing the will of dele- 
 gates of other constituted organizations, why, you will not get 
 sufficient support, neither in membership nor in finance, to maintain 
 a State organization for any length of time. It has been tried in 
 various other organizations, and has not worked. There seems to be 
 a fear here that, if tJie meeting is held in San Francisco, or at 
 Oakland, or at Sacramento, or at Los Angeles, that the membership 
 will be so increased in the particular locality where the meeting is 
 held, that the Bar Association may be used for some ulterior pur- 
 
— 16 — 
 
 pose. It has not been so with the American Bar Association, vvhich 
 has had an existence for over twentj'-five years. I have attended, and 
 various other members here have attended meetings in different 
 States, where they would admit from one hundred to one hundred 
 and fifty members at a session, and there never was an officer, so 
 far as I l5;now, and I know it to be true of the meetings I attended, 
 from the locality where there was such a large influx of members, 
 and there was no arbitrary action carried or taken on account of 
 the increase of membership. Lawyers who come into this organiza- 
 tion come, as they go into their local organizations, for the better- 
 ment of the profession, and I do not think that, as reasonable men 
 here, we need fear any stampede on account of any increase in 
 members from any particular locality. Is not an increase of mem- 
 bers what we want? And I a.-k you this: Is there any member 
 here, any living as far aw.'ty as we do in Los Angeles, or as would 
 a member from San Diego, or Siskiyou, or Butte County, any of 
 those remote places, who will have any inducement to become a 
 member of this Association and pay his five dollars a year and stand 
 not only the expense but the loss of time to attend a meeting here, 
 or at Sacramento, or at Los Angeles, or at Oakland, if he simply 
 goes there to sit and participate in the discussion, and yet not be 
 able to exert any influence in it? I think it is expecting too much, 
 to expect anything of the kind. Every member of every bar associa- 
 tion wants to have the right to get up on the floor and speak at the 
 proper time and in the proper way to get his views before the 
 house, and then record his vote, either for or against any given 
 measure. And I do not believe you can get up an organization that 
 will hold lawyers together or draw membership unless you give 
 every lawyer in it that right. Those are the considerations, briefly 
 stated, that influenced the committee to suggest this plan. There is 
 nothing radically wrong about it. We meet both conditions. We say, 
 let every constituent organization send in its membership. The 
 larger the local membership the greater the representation. Also, 
 let every lawyer who wants to come in and further the interests of 
 the profession, come in and pay his dues and have the right to vote. 
 Can any injury result from the carrying of a measure carried by 
 the votes of a member or members not a delegate or delegates, but 
 acting with delegates, perhaps? Certainly not. It is the vote of the 
 Association that must carry any particular measure. Ton will find 
 in the future Los Angeles sending twelve delegates, or fifteen, per- 
 haps, and Oakland fifteen more, and you will have an organization 
 of thirty or forty, or, at the most, only fifty, members who are 
 entitled to vote, if the plan now proposed carries, and then have a 
 hundred others sitting around, equally as well qu.nlified to iufiuence 
 by their vote the policy of the Association — sitting by and seeing the 
 thirty or forty or fifty vote the policy that they may think radically 
 wrong, and as to which they could not in conscience subscribe to. 
 Now, while I .speak energetically on this matter, it is not a pet idea 
 of mine. I am speaking for the committee. We thought it would 
 be well to try the plan that we suggest by our report. It has been 
 suggested that the medical profession have an organization that is 
 one branch of it based upon representation, such as is planned in the 
 original draft. On consultation with some, I have found that that 
 is not satisfactory. It has led to the formation of cliques, whereby 
 
— 17 — 
 
 they send up their delegates to the central organization, and the 
 central organization is controlled through the delegates, and they 
 have not been able to get in a sufficient membership to hold up the 
 association in any material degree by depriving them of the right 
 to vote, such as was originally suggested here, or suggested by the 
 original draft of the constitution. It is a plan that has been tried 
 by the medical profession, as I say, or at least one branch of it, and 
 a very prominent branch, too, and has not been found to work satis- 
 factorily except to those who were on the inside. As voiced by the 
 gentleman who spoke first here this morning, we are met together for 
 the purpose of devising some way or means to avoid the possibility 
 of any set of men getting into power in this Association and con- 
 trolling it, whereby the country delegate, or even the city delegate or 
 city member, may think that he is not given the opportunity that he 
 expects and desires to participate in the proceedings of the organiza- 
 tion. How can you expect a large central organization to be main- 
 tained, for instance, for any length of time, from the financial 
 standpoint, on a per capita tax levied on the members of a few local 
 organizations, three or four, that may come into this central organi- 
 zation? Why, I can name to you now a half dozen bar associations 
 regularly and duly organized, that have not sent delegates here, and 
 it will take considerable persuasion to bring them here after you are 
 organized, I do not care what plan you adopt. But it will be much 
 more difficult to get those organizations to send in their representa- 
 tions if your per capita tax is so high on account of the limited 
 membership. It certainly will be very much more advantageous 
 finally to adopt the other plan. As I say, we are not wedded to any 
 particular project. If there is any gentleman or number of gentlemen 
 present who have anything better to advise than this dual plan now 
 proposed, we are ready to hear it and discuss it. But I take the 
 opportunity of trying to put the position of the committee before 
 you, and that we have been actuated by a desire to found an organiza- 
 tion here that will grow and attract representative members and 
 general members. One of the gentlemen who has addressed you has 
 voiced the sentiments of the country members, if they may be so 
 termed. They do not want to be shut out. They have no organization 
 in many places, and if they have no organization, let them come in 
 and become members just the same as the members from the San 
 Francisco Bar Association may become members, and as those from 
 Oakland and from Los Angeles may. The more members we have 
 in this association the better. If this plan is tried for once here. 
 I venture to say that you will find, that it will be an organization 
 that will be influential and self-sustaining. No set of men can draft 
 a set of by laws that will not be subject to amendment. If the plan 
 should be adopted as proposed, and in one year it should be deemed 
 necessary to amend it, why, amend it. But let us organize in a way 
 that will show the bar of the State that we are trying to deal fairly 
 by everybody in and out of the local organizations, especially so far 
 as membership is concerned. 
 
 Mr. Ftjlweileb : I understand that, under the constitution as 
 proposed by the committee, the whole of the bar of San Francisco 
 could become members? 
 
 Mb. Gibson: Yes. 
 
— 18 — 
 
 Me. Fulweileb: And tliat Alameda and Los Angeles and San 
 Diego? 
 
 Mb. Gibson : Yes. 
 
 Mb. Fulweileb: Where would the balance of the State be when it 
 comes to the vote? 
 
 The Chairman: What was the question? 
 
 Mb. Fulweileb: I would like to know where the balance of the 
 State of California would be when it comes to a vote? That is the 
 reason why I have spoken as I have here. That is the reason 
 why the two former bar associations of this State went down. I was 
 a member of each of them. 
 
 Mb. Gibson: I would say, in reply to Judge Fulweiler's question, 
 that the majority governs in nearly every institution that I have ever 
 had connection with. We are governed in our public affairs and in 
 our civic organizations by the majority vote, and I do not see why an 
 intelligent class, such as are the lawyers, or such as they are sup- 
 posed to be, should not be governed by the majority rule. It is true 
 that in certain instances we have suggested a two-thirds vote for 
 the protection of the minority. But I can see no force to the sug- 
 gestion that Los Angeles, or San Francisco, or Alameda, might, by 
 sending its members to any meeting, control the action of the con- 
 vention. It is true everywhere. It is true with the American Bar 
 Association. That association met a year ago at Seattle. I did not 
 see, and I say it without disparagement, any members of the San 
 Francisco Bar Association there. There were a few members that 
 went all the way from Los Angeles and attended that convention. 
 There were about one hundred members admitted at the meeting 
 held at Seattle, and why should they not have a right to vote the 
 same as any other members? At St. Paul there were one hundred 
 and fifty admitted. And so it has been, and so the plan has worked 
 for twenty-five years. Of course, like all human affairs, certain sug- 
 gestions have been made regarding a change of the constitution, so as 
 to base it upon a representative plan, either in whole or in part. 
 But notwithstanding the great agitation by men who have given it 
 careful consideration, that measure has never gotten beyond a mere 
 suggestion. If it will work for twenty-five years in the American 
 Bar Association, and build up an association such as that is today, 
 one which commands the respect of the legal profession, not only in 
 this country, but in England and probably other countries, why 
 would it not work well with a State bar association? 
 
 Mr. Pohli: I have very attentively listened to the argument of 
 Mr. Gibson, but I must say that if the suggestion is proper that we 
 should try this plan for some time, the suggestion might also be 
 proper that we should try the other plan for some time first. I think 
 there is undoubtedly no comparison to be made between the influ- 
 ences, the jealousies, which arise in a large body like the American 
 Bar Association, governing and deciding questions for the whole 
 Union, the large questions which are there discussed not being of 
 local interest, for instance, at Seattle or St. Paul, where a number 
 of men joined the organization at the time of the annual meeting — 
 there is no comparison between that, it seems to me, and the case 
 of a State institution such as that which we now purpose forming. 
 I have found, for instance, in Switzerland, from which country I 
 came, that certain experiments have been made in governmental af- 
 
— 19 — 
 
 fairs, and they would work very well. But I venture to say that if 
 they were tried in the United States, with ninety million people, 
 they would not work at all. I believe t^iat experiments tried in ref- 
 erence to novel legislation which work very well in small communi- 
 ties, often prove not to work well in the larger communities, and 
 vice versa. I speak now from a little personal knowledge, as I have 
 called your attention to the fact this morning that I have had some 
 little connection with the matter of gathering together the constitu- 
 ents of this organization, and from some letters and conversation 
 which I have had from the outside sections, I can say to you that 
 the great fear is, and that fear must, at the present time at least, 
 he put down, and that danger, if it is in the constitution of this 
 association, eradicated for the present, so that it could not he possible 
 until the plan is tried that the majority of the country delegates 
 cannot be overcome by the action of the local bar of a large city — 
 the great fear is, I say, that some such thing as that will result. 
 I think we ought to try the other plan first, and if it does not work, 
 then we can revert to the one now proposed by the committee. 
 
 Me. Gibson: In my opinion, this great fear that the gentleman 
 speaks of exists only in the imagination of the city members. 
 I cannot imagine any question of any importance that would come 
 before an organization of this kind, upon which there could be any 
 question of division between the city and the country, and it does 
 seem to me that the thing we have to work for first in organ- 
 izing this institution is strength, numerically and financially, and 
 we cannot get it by any plan offered here, except the plan offered by 
 the committee. 
 
 Mb. Waring: So far as a democracy is concerned, Mr. Chairman, 
 it seems to me that the plan that the committee offers is not a dem- 
 ocratic scheme at all, that it does not give an equal chance to every 
 locality. This association is going to be essentially a representative 
 one, and we can't get away from it. If we got together all the law- 
 yers in all the counties together we could have a democratic meeting, 
 and every man could be present and sit up and vote. But when we 
 meet in one city, and we know it is possible for a disproportionate 
 vote to take place, I do not see how it is democratic in the largest 
 sense. It does not give each one an equal chance. So far as 
 anyone being disgruntled or displeased at not having a vote, I don't 
 think that is true. I think if there were three delegates from our 
 town and none from the next, on any particular proposition, I think 
 I would go to the meeting and take as much interest really as if I 
 had a vote; that those who are really interested in the State are 
 not going to be deterred by the fact that they have not a vote, 
 and that the representative plan is really the only plan, when you 
 consider that our association is a representative association — it must 
 be so. We have got to have the units represented in some proportion- 
 ate way and the scheme of allowing any city in which the meeting 
 happens to take place to have a great handicap, results in a dis- 
 proportionate vote. 
 
 Mb. M. K. Haesis, of Fresno: Mr. Chairman, I want to disabuse 
 the minds of the members of the idea that there is necessarily any 
 antagonism between the country sections and the cities. At least, I 
 speak for my part of the country. We never hear anything of the 
 kind there, and, so far as our part of the State is concerned, we have 
 
— 20 — 
 
 no fear of being gobbled up and swallowed by you people in San 
 Francisco, or even Los Angeles, if we go down there. I take it that, 
 judging from the discussion made here today, if anything of that 
 kind is attempted, you will hear a mighty roar go up from those 
 country districts and delegates. I want to endorse what has been 
 said by Judge Gibson. We went over this very carefully, and I 
 think it is the only practicable way. If we limit it to organiza- 
 tions, to bar associations in the several localities, I think we will 
 almost die in the horning. We have had one in Fresno now a num- 
 ber of years, and there are numbers there that would like to go 
 down, and still we have only three delegates to the association. If 
 the constitution is adopted as has been proposed here by the com- 
 mittee, we would probably have ten or twelve. I am heartily in 
 favor of allowing the plan to be tried, at any rate for one year, be- 
 cause we want numbers. 
 
 Mk. Geoege E. Chukch, of Fresno: I want to echo what has 
 been said by Judge Harris in regard to this matter. I cannot con- 
 ceive, for the life of me, and I have listened with a great deal of 
 attention to the objections and to what has been said here generally, 
 of any possible reason why the membership of the State Bar Asso- 
 ciation should be limited, why we should want to form a sort of 
 mutual admiration society, or anything of that kind. It should be 
 enlarged just as much as possible, and the legal fraternity of the 
 State should be induced to join to the largest possible extent, to give 
 it character and influence. I have no patience with this idea of 
 forming merely a small delegate body to be the bar association of the 
 State of California. We are not a legislative body. This association, 
 when it is formed, is not a legislative body. It does not adopt legis- 
 lation at all. The chief object is not to legislate, for it cannot legis- 
 late. Its object is to elevate the profession of the law in its practice 
 in this State, and it should be made just as comprehensive as the 
 bar cf the State, and not less so. I believe that this plan that has 
 been carefully digested by this committee should be adopted as the 
 plan of this association, and that without question. It is idle and 
 nonsense to talk about any hostility or antagonism between the mem- 
 bers of the bar, whether in cities or in the country districts. We 
 are members of the same great profession, having common interests 
 and common purposes and common objects. The very idea of the 
 formation of this association tends in that direction. Years ago I 
 helped, as one, to do something toward the organization of two or 
 three bar associations of the State that have become obsolete and 
 failed of their purpose. Leading men in the profession failed to do 
 their duty then. They probably will fail to do their duty now — I 
 hope not. I hope that the necessity of a bar association, a State bar 
 association that will be a credit to the State of California, has so far 
 sunk into legal consciousness of this State that it will become a per- 
 manent organization. But I should be sorry enough if we are to 
 divide and split up now upon the small considerations that have been 
 advanced. We cannot do better, in my judgment, than simply to 
 adopt the method proposed by the committee. If it does not work, 
 we will change it when the time comes. But in my judgment it will 
 work, and as soon as it is organized and fairly started at work we 
 will win and gain the co-operation of the bar generally through- 
 out the State. Let us have it, and let us not delay long in getting it. 
 
— 21 — 
 
 Me. Law: Mr. Chairman, in addition to what has been already 
 said in support of the committee's proposed plan, I have simply to 
 say that I believe the plan as presented will eventually cause the 
 organization of many county associations. It will be an educational 
 work. The individual members of the bar of the various counties 
 where they have one organization, becoming members of the State 
 organization and participating in its proceedings, the interest will 
 be stirred up, they will see the importance and the great benefit to be 
 obtained, the great object in fact, and I think it will result in the 
 formation of a bar association in practically every county in the 
 State of California. 
 
 (Cries of "Question! Question!") 
 
 The Chairman: Gentlemen, it may be fair for the chair to state 
 that the substitute, if adopted, will vitally affect the entire report of 
 the committee, and will practically necessitate the resubmission of 
 the proposition to the committee, or the substitution of a different 
 plan than the one presented by the committee, and that the dele- 
 gates should vote with a knowledge of that fact. When the associa- 
 tion is ready for the question, we should understand that it is 
 a test vote between the two plans. 
 
 A Delegate: I do not thoroughly understand, Mr. Chairman, 
 what the proposed substitute for the report of the committee is. 
 
 The Chaikiian: If I may explain it as I understand it, the sub- 
 stitute is to deprive what we call members-at-large who are not dele- 
 gates from constituent associations of the power to vote at the meet- 
 ings of the association. That is the effect of it, is it not, Mr. Waring? 
 
 Me. Waring: Yes, that is one way of putting it. 
 
 The Chairman: Under both plans they are eligible to member- 
 ship. The difference between the plan as suggested by the report 
 of the committee and the original tentative draft was that they 
 had no vote in the tentative plan suggested and, according to the 
 committee's report, they have. 
 
 Me. Waking: The proposition is that the constituent elements 
 shall be interested equally in any meeting of the bar association, and 
 that votes shall not be according to a haphazard meeting in any 
 city; that is, that the members of the city generally shall not out- 
 vote the country members. 
 
 The Chairman: The question before the house, as I understand 
 it, gentlemen, that there may be no mistake, arises in this wise: 
 A motion was made to adopt the report of the committee, and then 
 Mr. Waring, of Sacramento, moved a substitute. 
 
 (The motion was thereupon put, and the substitute declared 
 rejected. The question was then put upon the adoption of the report 
 of the committee, with the amendment of Mr. Hatfield, so far as the 
 constitution was concerned, and the motion carried and the chair- 
 man declared the constitution as proposed and subject to Mr. Hat- 
 field's amendment adopted.) 
 
 Me. Belcher: Mr. Chairman, inasmuch as the constitution, after 
 its adoption, requires as the first business the making of a perma- 
 nent body, I will suggest, Mr. Chairman, that the by-laws will prob- 
 ably come before the popular body, and the first business, I take it, 
 is the selection of a nominating committee. 
 
 Mr. Gibson: That is provided for in the by-laws. 
 
 Mr. Belcher : If that be so, I withdraw my suggestion. 
 
— 22 — 
 
 Me. Gibson: Mr. Chairman and gentlemen, I move the adop- 
 tion of the by-laws as reported by the committee. 
 
 Mb. William R. Davis, of Oakland: As the by-laws were read, 
 I understood them to say that the nominees for offices at an annual 
 meeting should not be reported in by the committee of nominations 
 until the day following the assemblage. 
 
 The Chairman: Or at such other time as the association shall 
 determine. 
 
 Mr. Davis: I wish that might be read. 
 
 Mr. Gibson: I will say to Judge Davis that that is provided for 
 in the proposed by-laws. 
 
 The Chairman: The question is upon the adoption of the report 
 of the committee and the adoption of the by-laws. 
 
 (The motion was seconded and unanimously prevailed.). 
 
 The Chairman: Under the by-laws, the first business to be done 
 after the adoption of the constitution is the election of a nominating 
 committee. 
 
 Mr. Belcher: I move that we do now proceed to elect a nomi- 
 nating committee. 
 
 (The motion was duly seconded.) 
 
 The Chairman: That committee consists of three, and is to be 
 elected by a majority vote of the association. 
 
 (The motion was unanimously carried.) 
 
 The Chairman: The chair awaits the pleasure of the convention 
 with reference to nominations for the nominating committee. 
 
 Me. Harris: I place in nomination as a member of that commit- 
 tee Judge J. K. Law, of Merced. 
 
 Mb. Belcher: I place in nomination for a member of that com- 
 mittee Mr. Warren Olney, Jr., of this city. 
 
 Mb. Weight: I place in nomination Mr. Richard J. Dillon, of Los 
 Angeles. 
 
 (Upon motion, the nominations were declared closed and Messrs. 
 Law, Olney and Dillon were unanimously elected as a nominating 
 committee, and that committee thereupon 'retired. ) 
 
 The Chairman: There are a few things under the by-laws 
 as adopted to which we wish to invite the attention of the associa- 
 tion. The first, and not the least important, gentlemen, is the 
 question of finances. The by-laws provide as follows: 
 
 "Each constituent association, within thirty days after the 
 organization of this association, shall pay to the treasurer, on 
 his demand therefor, a per capita tax upon its membership, to 
 be fixed for the first year at the organization meeting and 
 thereafter at the annual meeting, upon recommendation of the 
 finance committee." 
 
 It will be incumbent upon this meeting of the association to fix a 
 per capita tax for the coming year. The expenses of the association, 
 gentlemen, are not very large. We have no finance committee, and 
 we are open for a recommendation. I have no idea as to the number 
 of members in the different constituent organizations, except, per- 
 haps, the Los Angeles and San Francisco associations. Los An- 
 geles has four hundred, I think, and San Francisco has nearly four 
 hundred, but hopes to have five hundred by the 1st of January. How 
 
— 23 — 
 
 many members are there in the bar association of Oakland, Mr. 
 Davis? 
 
 Mb. Wm. R. Davis: I think about two hundred. 
 
 The CHAiBMAisr: The chair awaits the pleasure of the conven- 
 tion with reference to this per capita tax for the coming year from 
 the Constituent organizations. So long as they are not taxed too 
 much it will be well. 
 
 A Delegate: Mr. Chairman, it seems to me as if, with the dona- 
 tion we shall have from the treasurer of the former association, in 
 connection with our initiation fees, we ought to be able to get along 
 Without a per capita tax this year. We have nearly $300 to start 
 with. 
 
 The Chaibman: I am very much afraid that if we lean upon 
 that alone that we may get into trouble. 
 
 Mb. Smith: I move, Mr. Chairman, that a per capita tax of |1 
 be levied upon each bar association. 
 
 The Chairman: I desire to avoid the appearance of undertaking 
 to Influence members of the association, so far as the per capita tax 
 is concerned, but I think that is too much, Mr. Smith. I think 
 25 cents per capita will carry us through for the first year. 
 
 Mb. Smith: I accept that, and change my motion to be in 
 accord with it. 
 
 Mb. Denman: How about the first year of our organization, as to 
 our needs in that respect? As we have no intervening meeting, there 
 will be a great deal of correspondence necessary if we are to pull the 
 threads of the organization together. This will require. If we are 
 going to have postal card votes and similar matters, a very consid- 
 erable sum of money. Those votes are expensive. It would seem tO 
 me that we cannot get along on a 25-cent tax, if we are going to do 
 any considerable work during the year. It seems to me that we can 
 well afford to have a more liberal sum than that. If the members of 
 the association alone contribute 50 cents or 75 cents or a dollar to 
 this cause, we believe they are going to take such an Interest in it 
 that they will not think it much. We ought to have that, if we do 
 contemplate during the coming year taking up Various matters that 
 are to be taken up by postal card ballot. 
 
 The Chaibman: The postal card ballot is only probable in the 
 event of a special session of the legislature. The next regular 
 session of the legislature will be after the next annual meeting. 
 
 Mb. Denman: How are we going to dispose of all of these ques- 
 tions that are to come before us at one annual meeting? 
 
 The Chaibman: We expect to dispose of a great many of them. 
 The dlfiBculty, Mr. Denman, is this, that we have not the constitu- 
 tional power of forcing the local associations to contribute. The 
 local associations will be called upon to ratify the action of this 
 association, and, as president of the San Francisco Bar Association. 
 I am somewhat familiar with Its situation, and I have just had a 
 chat with the president of the Los Angeles Bar Association, and we 
 have both agreed that our respective associations can stand a 25-cent 
 
 Mb Diwman: It seems to me that A thousand dollars would not 
 be too large a sum for us to have, and we will probably have not 
 nearly half that upon a 25-cent per capita tax. 
 
— 24 — 
 
 The Chaibman: In addition to tliat we have our membership 
 fees, and I feel satisfied that it will he enough to carry us through. 
 
 Mr. Helm: The initiation fees of members, amounting to $5 for 
 each member, will bring us considerable — I think between $500 and 
 $1000 within the next sixty days. Then there is the $300 or so from 
 constituent associations, and it would seem to me that that would 
 more than pay our expenses during this coming year. As I believe 
 that a per capita tax of 25 cents a member will be sufficient to meet 
 all our expenses, I move as an amendment that the per capita tax be 
 put at 25 cents for this year. 
 
 The Chaibman: Do you accept the amendment of Mr. Helm, of 
 Los Angeles? 
 
 Mr. Smith: I had already accepted the suggestion as made by the 
 chair. I accept Mr. Helm's amendment. 
 
 (The motion was duly seconded and unanimously carried.) 
 
 Me. Helm: Are we nov/ under the head of "miscellaneous busi- 
 ness," Mr. Chairman? 
 
 The Chairman: Yes. 
 
 Mb. Helm: Mr. Chairman and Gentlemen of the Association: I 
 have, on behalf of the Los Angeles Bar Association, a resolution of 
 the board of trustees of that association asking you to hold the 
 next annual meeting of this association in the city of Los Angeles, 
 as the guests of the Los Angeles Bar Association. We extend to you 
 for that purpose a most cordial invitation. Under the by-laws, this 
 association will at this time fix the place for the next annual meet- 
 ing, and I trust that it will be your pleasure to meet with us at that 
 time. We shall extend to you every courtesy, and I am sure that we 
 shall hope to reciprocate the many kindnesses that we have re- 
 ceived as guests of the San Francisco Bar Association. We invite 
 all the members of the bar of California to come to visit us at 
 that time. 
 
 The Chairman: Gentlemen, you have heard the invitation of the 
 Los Angeles delegation to meet there for our next annual meeting. 
 What is your pleasure? 
 
 (It was moved and seconded that the invitation be accepted, and 
 the motion carried unanimously.) 
 
 (Thereupon a short recess was taken to enable a photograph of 
 the delegates present to be made.) 
 
 Mk. Oscar F. Tripett, of Los Angeles: Mr. Chairman, if I am in 
 order, I now desire to offer the following resolution for adoption — I 
 understand we are under the head of "miscellaneous business"? 
 
 The Chairman: Yes. 
 
 Mb. Tbipett: The resolution reads: 
 
 "Resolved, That this association does now endorse Hon. 
 Erskine M. Ross, of California, circuit judge, as a fit and 
 proper person to fill the vacancy upon the bench of the su- 
 preme court of the United States; that his appointment to 
 such position would be a meritorious promotion, and we 
 recommend that the president appoint him to fill said vacancy." 
 
 Mb. Hatfield: Is it not required that the appointee shall be a 
 resident of the circuit in which the vacancy occurs? 
 The Chairman: No. 
 Mb. Hatfield: Then I second the resolution. 
 
— 25 — 
 
 (The resolution was put to vote and unanimously passed.) 
 
 The Chairman: The Virginia State Bar Association yesterday 
 made a similar recommendation to the president of the United States. 
 Judge Ross is a native of Virginia, and that State has taken the 
 initiative, and it is an appropriate thing, in my judgment, for the 
 bar association of this State, knowing and loving Judge Ross as we 
 do, to pay him that respect. 
 
 Before we proceed to receive the report of the nominating 
 committee, I desire to make a statement for the benefit of the 
 delegates. The plan of organization as adopted by this associa- 
 tion provides for the engrossment of the constitution and by-laws 
 and the signature of each charter member of the association. It is 
 impossible to engross this statement and have it signed by the 
 visiting delegates while here. The secretary will take charge of that 
 engrossment, and it will be sent to each delegation here represented 
 for their signatures, and we will ask each delegation to have the 
 kindness to return it as soon as possible, together with $5 as the 
 dues of each member. 
 
 Is the committee on nominations ready to report? 
 
 Me. Law: The committee is ready to report and does report 
 as follows: 
 
 Your committee on nominations respectfully submits the 
 following names for officers of this association: 
 
 For president, Curtis H. Lindley, of San Francisco. 
 For vice-president, first district, M. K. Harris, of Fresno. 
 For vice-president, second district, Lynn Helm, of Los 
 Angeles. 
 
 For vice-president, third district, F. W. Street, of Tuo- 
 lumne. 
 
 For secretary, Ernest J. Mott, of San Francisco. 
 For treasurer, T. W. Robinson, of Los Angeles. 
 Respectfully submitted, 
 
 J. K. LAW, 
 
 WA.RRBN OLNEY, JR., 
 
 R. J. DILLON, 
 
 Committee. 
 
 Mr. Chairman, in connection with the nominations for president 
 and secretary, the committee wishes to make this statement as the 
 reason for selecting two officers from the City and County of San 
 Francisco: "We deemed it important, if not almost absolutely neces- 
 sary, that the president and secretary should be in touch with each 
 other, and should be near each other. Therefore, both of those nomi- 
 nations are of members from San Francisco. 
 
 Mb. Wm. R. Davis: Mr. Chairman, I move that the recommenda- 
 tions of this committee be adopted and that the gentlemen named 
 be elected to the respective offices indicated as officers of this asso- 
 ciation for the coming year. 
 
 The motion was duly seconded. 
 
 Mk. Wm. R. Davis : If there is no objection, I will put the motion. 
 
 The motion was put and unanimously carried. 
 
 The Chairman: I assure you, gentlemen of the bar and of this 
 association, that I appreciate the compliment you pay me 
 very very highly. I realize that it means much work. Were it not 
 for the assurance that I have from the members of the bar in dif- 
 
— 26 — 
 
 ferent sections of this State that there is not only a great amount of 
 work ahead, but that they are to join us in an effort to raise this 
 association to its proper plane, I should hesitate at assuming the re- 
 sponsibility. I wish to assure you, gentlemen, so far as I am con- 
 cerned, that I appreciate the compliment and will endeavor to merit 
 the appointment, and to report at the next session at Los Angeles 
 that something, at least, has been accomplished in a fair way toward 
 the foundation of a great State bar association. (Applause.) 
 
 Mr. Wm. R. Davis: Mr. Chairman, if it is In order, I move that 
 a rising vote of thanks be extended by the members of this meeting 
 to the Bar Association of San Francisco and to its officers for the 
 many courtesies and kindnesses which have been extended to us, 
 both last evening and today. 
 
 Me. Law: I would like to include in that motion a vote of 
 thanks to the Bar Association of Los Angeles for the services ren- 
 dered this association and the committee on constitution and by-laws 
 in the preparation of a draft of constitution and by-laws submitted 
 to us for consideration. 
 
 Mb. Wm. R. Davis : I heartily concur in the addition, and if there 
 is no objection will now put the motion. 
 
 The motion was unanimously adopted by a rising vote. 
 
 The Chaikman: The next proceeding in order will be the selec- 
 tion of the different delegations of the members of the legislative 
 council. The secretary will call the roll of delegates in that behalf. 
 I would like to impress upon the members the importance of this 
 council. The administrative officers will have to lean very heavily 
 on that council, and I therefore trust that you will name representa- 
 tive members of the bar of your respective jurisdictions. Their 
 names will mean much when we come to deal with the public and 
 with the legislature. For this time, each delegation will be entitled 
 to one member of the council. Under the by-laws, the president 
 and three vice-presidents are ex-officio members of that council. 
 
 The roll was then called by the secretary, resulting in the selec- 
 tion of the following legislative council: 
 
 Alameda — R. M. Fitzgerald. Monterey — Fredk. P. Feliz. 
 
 Alpine — O. K. Grau. Nevada — Fred Searls. 
 
 Amador — A. Caminettl. Placer — John M. Fulwellet. 
 
 Butte — ^A. F. Jones. Sacramento — L. T. Hatfield. 
 
 Calaveras — James Keith. San Francisco — ^Wm. Denman. 
 
 El Dorado — C. H. Swisler. San Joaquin — F. D. NIcol. 
 
 Fresno — Frank H. Short. San Mateo — Geo. C. Ross. 
 
 Glenn — Claude F. Purkitt. Santa Clara — ^Victor A. Scheller. 
 
 Imperial — Geo. H. P. Shaw. Santa Cruz — H. C. WyckoA 
 Los Angeles — James H. Shankland. Tehama — J. J. Wells. 
 
 Madera — Francis A. Fee. Tuolumne — E. "W. Holland. 
 
 Merced — J. W. Knox. Ventura — W. H. Barnes. 
 
 The Chaibman: Is there anything further to 6ome befort the 
 association? If not, I wish to return my thailks for the third and 
 last time, gentlemen, tor your courtesy, your attention and your 
 faitlifulness in this, what I hope will be the historic organization of 
 a permanent bar association in this State, and declare the association 
 adjourned sine die. 
 
— 27 — 
 
 CONSTITUTION 
 
 OF THE 
 
 California Bar Association 
 
 ARTICLE I. 
 
 Name and O'bject. 
 
 The name and title of tlie organization shall be : 
 
 CALIFORNIA BAR ASSOCIATION. 
 
 Its object shall be to cultivate and advance the science of Juris- 
 prudence ; to promote reform in the law and in judicial procedure : 
 to facilitate the administration of justice; to uphold and elevate 
 the standard of honor, integrity and courtesy in the legal profes- 
 sion; to encourage legal education and to promote a spirit of cor- 
 diality and brotherhood among the members of the bar. 
 
 ARTICLE II. 
 Meml)ership. 
 
 The members of this Association shall consist of : 
 
 1. Such members of county, city, or city and county bar asso- 
 ciations, hereinafter called "Constituent Associations", as may be 
 selected by such organizations, as hereinafter provided in Article 
 III. Such members to be denominated delegate-members. 
 
 2. All members of the Bar of the State of California in good 
 standing, including Judges of the State Courts of record, and 
 Judges of the Federal Courts sitting in this state, who shall have 
 been elected to membership as provided in the By-Laws. Such 
 members to be denominated members-at-large, and to pay such dues 
 as may be prescribed by the By-Laws. Provided that no incumbent 
 of the bench shall be elected to an office in this Association or be 
 qualified to serve upon any of the Sections or Standing Com- 
 mittees. 
 
 ARTICLE III. 
 
 Constituent Associations. 
 
 All county, city, and city and county bar associations in this 
 state which have been, or which hereafter may become organized 
 shall be entitled to representation in this association by delegates 
 elected or appointed, as said constituent associations may deter- 
 mine. The basis of representation shall be three delegates, and 
 one additional delegate for every forty members in excess of fifty. 
 Delegates from the constituent associations, who shall be known as 
 delegate members, shall be elected or appointed at least thirty days 
 prior to the convening of the association in annual meeting, and 
 
— 28 — 
 
 shall hold office for one year from the date of their election or 
 appointment. 
 
 Such delegates and members-at-large when assembled shall, with 
 the officers elected or appointed, constitute the association, and shall 
 consider and determine all matters of policy and administration 
 other than those which, between sessions, are specially confided to 
 the Legislative Council, Sections and Standing Committees, as here- 
 inafter provided. 
 
 AEXIOLE IV. 
 
 Officers. 
 
 The officers of this Association shall consist of: 
 
 1. President. 
 
 2. Three Vice-Presidents to be chosen, one from each Appellate 
 District of this State. 
 
 3. Secretary. 
 
 4. Treasurer. 
 
 5. Legislative Council. 
 
 Of these, the President, the three Vice-Presidents, the Secretary 
 and the Treasurer shall be elected at the annual meeting of the 
 Association, and shall hold office for one year, and until the elec- 
 tion and qualifieation of tlieir respective successors. The same per- 
 son shall not be elected President two years in succession. The 
 Legislative Council shall consist of the President, the three Vice- 
 Presidents, one member from each county, and one additional mem- 
 ber for each one hundred members of this Association residing in 
 such county, to be selected by the delegates aud members from such 
 respective county at the annual meeting; also such further number 
 to be apportioned from time to time among the Constituent Asso- 
 ciations as may be determined by the Association at its annual 
 meetings, to be selected in the same manner. 
 
 Members of the Legislative Council shall hold office for a period 
 of one year and until their successors are elected and qualified. 
 
 The duties of the respective officers, including the Legislative 
 Council, shall be as prescribed by the By-Laws. 
 
 ARTICLE V. 
 
 Sections. 
 
 In order to systematize the work of this Association, there shall 
 be formed sections, each of which shall be devoted to one of the 
 recognized branches into which matters pertaining to the profes- 
 sion and practice of the law, may, for convenience, be divided. 
 The number and designation of such sections and the membership 
 thereof shall be as provided in the By-Laws. New sections may 
 from time to time be created or existing sections discontinued by 
 order of the Executive Committee. Members of the sections shall 
 be appointed by the President. 
 
 ARTICLE VI. 
 
 Sessions. 
 
 The Association shall hold an annual session on such day in 
 November as may be determined in each year by the Executive 
 
— 29 — 
 
 Committee. The place of meeting eacli year shali be fixed by- 
 vote of the Association at the preceding annual meeting. Special 
 meetings of the Association may be convened upon the unanimous 
 request of the Executive Committee or a majority of the Legisla- 
 tive Council. 
 
 ARTICLE VII. 
 
 Amendments. 
 
 This Constitution may be amended at any annual meeting by 
 a two-thirds vote of those present upon the recommendation of the 
 Executive Committee. 
 
 BY-LAWS 
 
 OP THE 
 
 California Bar Association 
 
 ARTICLE I. 
 Duties of Officers. 
 
 Section 1. President and Vice-Presidents: The President shall 
 preside at all meetings of the Association. He shall be ex-officio a 
 member of the Legislative Council, Chairman of the Executive 
 Committee, and a member of all Sections, Standing and Special 
 Committees. Unless otherwise provided by a vote of the Associa- 
 tion, he shall appoint all Sections and Committees and fill vacancies 
 therein. He shall open each annual meeting with an address upon 
 some subject of general professional interest, and shall perform 
 such other acts as may be required of him by the Constitution or 
 By-Laws of the Association. 
 
 The Vice-Presidents shall be members of the Legislative Coun- 
 cil, and in the absence or inability of the President, one of them, 
 to be selected by themselves, shall perform all the duties of the 
 President. 
 
 Sec. 2. Sccirtary : The Secretary shall attend the meetings of 
 the Association and of the Legislative Coimcil. He shall make a 
 record of the proceedings of such meetings, prepare and supervise 
 the publication and distribution of such proceedings and papers as 
 may be ordered published by the Association or the Executive Com- 
 mittee, and perform such other duties as may be required of him 
 by the Constitution and By-Laws of the Association. 
 
 Sec. 3. Treasurer: The Treasurer shall collect, receive and 
 hold all moneys belonging to the Association, and shall disburse it 
 only on the written order of the Chairman or Acting Chairman of 
 the Finance Committee. He shall make a report of the transactions 
 of his office at the annual meeting of the Association. 
 
— so— 
 
 Sec. 4. Legislative Council: When the Association is not in 
 session the Legislative Council shall have the power to receive the 
 reports and recommendations of the Executive Committee and act 
 upon the same. Provided, that no action of said Council shall be 
 deemed to be the act of this Association unless concurred In by a 
 majority of all the members of said Council. Nor shall said Coun- 
 cil have the power to endorse or recommend any legislation or leg- 
 islative action of any kind unless the subject matter of the measure 
 be first printed or typewritten and mailed to each member of said 
 Council, and a United States mail vote taken thereon. The ex- 
 pression of a majority of said members by such vote so taken 
 shall be deemed to be the action of this Association. Provided,, 
 further, that any proposal involving the amendment of the Consti- 
 tution or laws of the state or the indorsement or recommendation 
 of any legislation shall, after having been approved by the Legis- 
 lative Council, be submitted by United States mail vote to all the 
 members of the Association, and the result of such vote shall be 
 deemed the action of tlie Association. 
 
 Upon the selection of the members of said Council, said Coun- 
 cil shall organize. The Chairman shall have the authority to con- 
 vene meetings of said Council if deemed necessary, and all ques- 
 tions to be submitted by United States mail vote, shall be certified 
 by him. Said Council may appoint such Committees of its own 
 members as may be necessary to transact its business. 
 
 ARTICLE IL 
 
 Sections. 
 
 Section 1. The following Sections, consisting of five (5) mem- 
 bers each, shall be annually appointed by the President for the 
 year ensuing: 
 
 Section A — Constitutional Amendments. 
 
 Section B — Criminal Law and Procedure. 
 
 Section C — Civil Procedure — Pleading and Practice. 
 
 Section D — Amendments to Substantive Law. 
 
 Section B — Law Relative to Trusts and Corporations. 
 
 Section P — Legal Ethics. 
 
 Section G — Courts and Judicial Officers. 
 
 Section H — Uniformity of State Laws. 
 
 Section I — Legal Education and Admission to the Bar. 
 
 Said Sections shall from time to time report to the Executive 
 Committee the result of their action in the matter of proposed legis- 
 lation. Upon receiving said reports, said Executive Committee 
 shall present the same to the Legislative Council, with their recom- 
 mendations thereon; or said Executive Committee may, should it 
 deem it expedient, submit such reports and recommendations to a 
 United States mail vote of the members, as provided in Article 
 I of these By-Laws. 
 
 When the report of a Section recommends the enactment of 
 new or remedial legislation the Section shall prepare and present 
 with said report the full text of such proposed legislative acts. 
 
 Any member of the Association may, at any time, by communi- 
 
— SI — 
 
 cation in ■writing addressed to the President, propose new or reme- 
 dial legislation. Upon receipt of sucli communication tlie Presi- 
 dent shall Immediately refer the same to the appropriate Section 
 for their action and report. 
 
 All resolutions and proposals to amend the laws of the state, 
 or suggesting new legislation on any branch of the law, made dur- 
 ing the annual session of the Association, shall be forthwith re- 
 ferred to the appropriate Section without debate. Provided, that 
 by majority vote of those present, such proposal may be referred 
 to a special section. Bvit no debate shall be allowed on the merits 
 of the proposed measure. 
 
 ARTICLE III. 
 Standing Committees. 
 
 SicTiON 1. The following Standing Committees shall be ap- 
 pointed by the President, each Committee to consist of five mem- 
 bers in addition to the ex-officio members, and shall serve for two 
 ensuing years: 
 
 1. Finance Committee. 
 
 2. Executive Committee. 
 
 3. Grievance Committee. 
 
 4. Committee on Admission. 
 
 5. Committee on Constituent Associations. 
 
 6. Committee on Legal Biography. 
 
 Seo. 2. Finance Committee: It shall be the duty of the Finance 
 Committee to take charge of the fiscal affairs of the Association; 
 make such recommendations to the Association from time to time 
 as to the volume of revenue required, and as to methods of pro- 
 viding funds, and through its Chairman or Acting Chairman, to 
 audit all bills and draw vrarrants therefor on the Treasurer. 
 
 Sko. 3. Executive Committee: The Executive Committee shall 
 have general charge of the affairs of the Association when It la not 
 in session. It shall receive and act upon the reports of the Sec- 
 tions and Standing Committees, and take such action thereon as 
 prescribed by these By-Laws. It shall appoint from the members 
 such representatives to the American Bar Association as this As- 
 sociation may be entitled to; select some person to make an 
 address at the next annual meeting, and designate not exceeding 
 five members of the Association to read papers at such meeting — 
 the subjects of such papers to be approved by said Committee. 
 
 When the Legislature is in session it shall be the duty of the 
 Executive Committee to take notice of all bills and constitutional 
 amendments when offered in either house, and to invite the atten- 
 tion of the Legislative Council to such measures as may be deemed 
 of importance. 
 
 Sec. 4. Orievance Committee: It shall be the duty of the Com- 
 mittee on Grievances to hear all complaints against members of 
 the Association and also all complaints which may be made in 
 matters affecting the interests of the legal profession, the practice 
 of law and the administration of justice, and to report thereon to 
 
— 32 — 
 
 the Association, with such recommendations as they may deem 
 advisable; and in behalf of the Association institute and carry on 
 such proceedings against offenders and to such extent as the As- 
 sociation may order. 
 
 Whenever any complaint shall be preferred against a member 
 of the Association for misconduct in his relations to the Associa- 
 tion, or in his profession, the person or persons preferring such 
 complaint shall present it in writing to the Committee on Griev- 
 ances, subscribed and verified by the complaining party, plainly 
 stating the matter complained of. If the committee are of opinion 
 that the matters therein alleged are of sufficient importance, they 
 shall cause a copy of the complaint, together with a notice of not 
 less than five days of the time and place when the committee will 
 meet for the consideration thereof, to be served upon the member 
 complained of, either personally or by leaving the same at his 
 place of business during office hours, properly addressed to him ; 
 and they shall cause a similar notice to be served on the party 
 presenting the complaint. At the time and place appointed, or at 
 such other time as may be named by the committee, the member 
 complained of may file a written answer or defense, and the com- 
 mittee shall proceed to the consideration of the case upon such 
 complaint and answer, or upon the complaint alone if no answer 
 is interposed. 
 
 The complainant and the member complained of shall each be 
 allowed to appear personally and by counsel. The witnesses shall 
 vouch for the truth of the statements on their word of honor. 
 The committee may summon witnesses and if such witnesses are 
 members of the Association a neglect or refusal to appear may be 
 reported to the Association for its action. 
 
 The committee, of whom at least three must be present at the 
 trial, except that a less number may adjourn from time to time, 
 shall hear and decide the case thus submitted to them and shall 
 determine all questions of evidence. 
 
 If they find the complaint, or any material part of it, to be 
 true, they shall so report to the Association, with their recom- 
 mendations as to the action thereon, and, if requested by either 
 party, may in their discretion, also report the evidence taken or 
 any designated part thereof. 
 
 The Association thereupon shall proceed to take such action on 
 said report as they may see fit, provided only that no member shall 
 be expelled unless by the vote of two-thirds of the members present 
 and voting. 
 
 Whenever specific charges of fraud or unprofessional conduct 
 shall be made in writing to the Committee on Grievances against 
 a member of the Bar, or against a person pretending to be an 
 attorney or counsellor-at-law practicing in this State, said charges 
 shall be investigated by the Committee on Grievances; and if, in 
 any such case, said committee shall report in writing to the Ex- 
 ecutive Committee that, in its opinion, the case is such as requires 
 further investigation or prosecution in the courts, the Executive 
 Committee may appoint one or more members of the Association 
 to act as prosecutor, whose duty it shall be to conduct the further 
 investigation or prosecution of such offender, under the instruc- 
 tions and control of the Committee on Grievances. 
 
— 33 — 
 
 The reasonable disbursements of the Committee on Grievances 
 for expense incurred In any such investigation or prosecution may 
 be paid out of the funds of the Association under the direction of 
 the Executive Committee. 
 
 It shali be the duty of any member or members of this Asso- 
 ciation, upon the request of the Chairman of the Executive Com- 
 mittee, or the Chairman of the Committee on Grievances, to prose- 
 cute any case of professional misconduct occurring in his or 
 their county, without compensation, though his or their expenses 
 shall be paid by the Treasurer of the Association. 
 
 Sec. 5. Committee on Admissions: All applications for mem- 
 bership in the Association shall be in writing, signed by the appli- 
 cant with his full name and address to the Committee on Admis- 
 sions. The applicant shall be endorsed by at least two members 
 of the Association not members of the Committee and by one mem- 
 ber of the Executive Committee. 
 
 If the application be presented at a meeting of the Committee, 
 the vote thereon shall be by ballot and every member present shall 
 be required to vote. Two negative votes shall be sufficient to re- 
 ject the applicant. 
 
 If the application be presented at any other time the same 
 shall be transmitted by the Chairman of the Committee to the 
 members, who shall endorse thereon their approval or rejection. 
 The affirmative action of at least three members of the committee 
 shall be necessary to elect. Two negative votes shall be sufficient 
 to reject. 
 
 No member of the committee shall disclose to any person the 
 discussions, statements or votes of any member thereof upon any 
 application for membership ; nor shall the committee's decision 
 upon any such application be made to any person other than the 
 applicant. 
 
 Sec. 6. Committee on Constituent Associations: It shall be 
 the duty of the Committee on Constituent Associations to aid and 
 assist in the formation of Constituent Associations, and to pre- 
 pare a form of Constitution and By-Laws to govern said Associa- 
 tions, which shall harmonize with the Constitution and By-Laws 
 of the State Association. 
 
 Sec. 7. Committee on Legal Biography: Upon the death of any 
 member of this Association, it shall be the duty of the Committee 
 on Legal Biography to prepare and present at the next succeed- 
 ing annual meeting a brief summary of the life and attainments of 
 such deceased member, with such an account of his career and 
 services to the profession as circumstances may justify. Such sum- 
 mary shall be printed and bound with the proceedings of the meet- 
 ing. 
 
 Sec. 8. Reception Committee: The President may, if he deems 
 it expedient, at least thirty days prior to the convening of the As- 
 sociation, appoint a special Committee on Reception, whose duty 
 It shall be to arrange for the reception and entertainment of the 
 members and their guests at such meeting. Provided, however, 
 that at the request of the Constituent Association of the city or 
 
— Si- 
 county where the meeting is to be held, the appointment of such 
 committee may be dispensed with and the arrangements for the 
 meeting may be entrusted to such Constituent Association. 
 
 ARTICLE IV. 
 
 Nominating Committee. 
 
 Immediately upon the adoption of the Constitution and By-Laws 
 of this Association and thereafter on the first day of each suc- 
 ceeding annual meeting in each year, the members present shall 
 by majority vote, choose a Nominating Committee of three, none 
 of whom shall be an elective officer. Said Nominating Committee 
 shall make its nominations and present them to the Association on 
 the day following, or at such other time as the Association shall 
 direct. Upon the submission of the list of recommendations so 
 made other nominations may be made by any member. The elec- 
 tion of officers for the ensuing year shall take place on the last day 
 of the session, as provided In the "Order of Business", Article X 
 of these By-Laws. 
 
 ARTICLE V. 
 Dues. 
 
 Each Constituent Association within thirty days after the or- 
 ganization of this Association shall pay to the Treasurer on his 
 demand therefor a per capita tax upon its membership to be fixed 
 for the first year at the organization meeting and thereafter at the 
 annual meeting upon recommendation of the Finance Committee. 
 
 Members shall pay five dollars per annum, payable for the first 
 year at the time of their election. Thereafter each year In advance 
 on or before November first of each year. 
 
 ARTICLE VI. 
 Addresses and Papers. 
 
 The annual address of the President shall be made on the first 
 day of the annual meeting immediately after the Association le 
 called to order. 
 
 The address of the person to be invited by the Executive Com- 
 mittee shall be made at the morning session of the second day, and 
 the reading of papers or essays shall be on the same day or at such 
 other time as the Executive Committee may determine. 
 
 ARTICLE VII. 
 Publication of Annual Reports, Addresses and Papers. 
 
 All papers read before the Association shall be lodged with the 
 Secretary. The annual address of the President, the reports of 
 Sections and Committees and all proceedings at the annual meet- 
 ings shall be published in the annual reports of the Association; 
 but no other address made or paper read or presented shall be 
 
— 35 — 
 
 published, except by order of the Executive Committee or of the 
 Association. Such reports and addresses shall be published by 
 the Secretary under the direction of the Executive Committee and 
 a copy thereof delivered or sent to each member of the Association. 
 
 ARTICLE vm. 
 
 Quorum. 
 
 At all meetings of the Association twenty-five members shall 
 constitute a quorum. 
 
 A quorum of a Section or Committee shall be three members. 
 
 ARTICLE IX. 
 
 Order of Business. 
 
 At each meeting of the Association the order of business shall 
 be as follows: 
 
 First— Call to Order. 
 
 Second — Annual Address of the President. 
 
 Third — Selection of Nominating Committee. 
 
 Fourth — ^Report of Legislative Council. Report of Secretary 
 and Treasurer. 
 
 Fifth — Report of Executive Committee. 
 
 Sixth — Report of Sections in Order Enumerated in the By-Laws. 
 
 Seventh — ^Report of Standing Committees in Order Enumerated 
 in the By-Laws. 
 
 Eighth — ^Report of Special Committees. 
 
 Ninth — Amendment to Constitution and By-Laws. 
 
 Tenth — Miscellaneous Business. 
 
 Eleventh— Election of Officers. 
 
 ARTICLE X. 
 
 Limitation of Debate. 
 
 No member shall be permitted to speak more than twice on 
 any subject and in debate no speech shall exceed ten minutes in 
 length. 
 
 ARTICLE XI. 
 
 Amendment of By-Laws. 
 
 These By-Laws may be amended at any time by a vote of » 
 majority of the members present and voting at any annual meet- 
 ing. 
 
-36 — 
 
 ARTICLE XII. 
 
 Organization Members. 
 
 All members participating in the organization of this Asso- 
 ciation and who sign the Constitution and By-Laws shall be deemed 
 members of the Association, and be entitled to all the privilegea 
 and subject to all the limitations provided for In the Constitution 
 and By-Laws; each signatory designating after his name whether 
 he eigns as a delegate or member-at-large.