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New York and of the United States is now organized and presents a united front, and it means a great deal more to be a lawyer in 1903 than it did when a number of us, who are older than the President, commenced practicing law. I do not think we ought to adjourn without recognizing this fact. Last year's increase is nearly as great as the total membership was a few years ago. It means a good deal to be a member of the New York State Bar Association now, and I do not think we ought to go home without carrying with us a realizing sense of what the Association is and what its present officers have done for us. I do not know how to put it in the form of a resolution that will not be declared out of order, but I move that the thanks of this Association be tendered to its officers during the last year for the splendid work they have lone in increasing the membership of the Association, and the prestige and influence of the Association in every way.

Mr. Logan (continuing):

Gentlemen, you have heard the motion; all of you in favor of the motion will signify it by saying aye.

W. C. Prescott, of Herkimer:

(Carried unanimously.)

Mr. President, I offer the following resolution: Resolved, That the President, Secretary of the Executive Committee and the Secretary of the Association comprise a committee to compile and print the proceedings of this meeting as authorized by the Constitution.

Louis W. Marcus, of Buffalo:


Mr. President, I move the President appoint three delegates to attend the next meeting of the American Bar Association and that the President appoint a committee,

to consist of such members as he shall select, to make arrangements for the next annual meeting.

Henry L. Bogert, of New York:


Mr. President, I believe it was made a special order for to-day that we should take up the proposed amendment to the Constitution, amending article XVIII, and I, therefore, move that the first paragraph be amended to read as follows: "The annual meeting of the Association shall be held on the third Tuesday of January in each year at the city of Albany; provided, however, that, by a two-thirds vote at any annual meeting, the following annual meeting may be held at any other city of the State. By a similar vote any meeting may adjourn to any date or to any place within the State."

I hope that amendment may be adopted, for it merely gives us power to do what we should be enabled to do if we wished. It is not that we shall change at any time from holding our meeting at Albany, but we may do so if we so elect. It merely gives us a little more liberty which. I think, we should have.

Seward A. Simons, of Buffalo:

In seconding the adoption of this Constitutional Amendment, I desire to say that the power contained in the amendment is in the last sentence: "By a similar vote, any meeting may adjourn to any date or to any other place within the State." I think it is almost a crime, now that this Bar Association has assumed the splendid position that has been outlined by Mr. Logan, that it should crowd important deliberations into two days and hurry over the business. This has been a red-letter day in the history of the Association, in my judgment; a day of courage, a day of achievement, and I should be glad to see its


spirit not held in suspense, as it were, for another whole I think it is too bad that we cannot meet twice a year. I do not desire to burden our splendid Secretary with any further detail, but let us pass this amendment and leave it to the Executive Committee, with power for this next year to call us together at some place - Saratoga or some other place that will be convenient - because there are matters of vital importance to this Association to be considered before another year. Who could speak with such authority as this Association on the questions contained in the papers of Mr. Littleton and Mr. Fleischmann; and ought it not to meet? I trust this amendment will be carried, and I shall offer a supplementary resolution that the Executive Committee consider the advisability of another meeting during the coming year.

The President:

Gentlemen, the question arises on the proposed amendment to the Constitution which has been read to you. The question is now up for discussion. It has to be adopted by a two-thirds vote.

J. Newton Fiero, of Albany:

Mr. President, I only desire to second this motion on behalf of the representatives of the Association in Albany, so that it may be understood that we desire to have the opportunity to visit some of the other cities of the State for the purpose of attending a meeting if that should be desirable.

The President:

I think the amendment simply gives us the power. I imagine this will always be found the most convenient place, that is, nearly always, for the meetings of the Association.

Frank Harvey Field, of Brooklyn:

have a two

If this body

I should like to ask why it is necessary to thirds vote to hold a meeting anywhere else. is able to attend to its own business it ought, by a majority vote, be able to hold this meeting anywhere it chooses. It does not seem to me we ought to be tied to Albany's apron strings by a two-thirds majority. I move to amend the provision by a majority vote instead of a two-thirds vote.

Seymour D. Thompson, of New York:

From the proceedings that took place last year I acquired the understanding that this is in the nature of an amendment to the Constitution and, therefore, can only be passed by a two-thirds vote, and that it was lost last year because of the fact that there was not a two-thirds vote supporting it or a similar amendment.

C. Z. Lincoln, of Albany:

I got the impression from what Mr. Simons said he thought the Executive Committee, under this, would have power to call meetings.

Seward A. Simons, of Buffalo:

I think the supplementary resolution will be necessary for that.

Mr. Lincoln:

Could you vest the Executive Committee with that power?

Mr. Simons:

I do not know whether you could or not.

The President:

Is the motion to amend seconded?

Henry L. Bogert, of New York:

I hope the motion to amend will not prevail, because that will throw it over until another annual meeting.

The President:

That was the question I had in my mind, whether we could amend without laying the amendment over.

Frank Harvey Field, of Brooklyn:

When notice has been given of an amendment of this character we can amend its terms, when it comes up for adoption. We are not bound by the express terms of the amendment as long as it relates to the subject-matter.

The President:

Does anyone second the motion to the proposed amendment to substitute a majority vote to have the meeting elsewhere in place of a two-thirds vote?

Mr. Simon Fleischmann:

I will second it.

The President:

The Constitution cannot be amended without a twothirds vote, but the proposition now is to amend the proposed amendment by substituting a majority vote for the two-thirds vote for calling a meeting at some other place. If that amendment were adopted, then the amendment as amended is to be put and carried by the two-thirds vote.

Walter S. Logan, of New York:

It seems to me it is very doubtful whether we have the power to amend an amendment which amends the Constitution whether it would not make it necessary to lay the amended amendment over to next year. Then it seems to me of very little importance; for, if you can ever

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