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Mr. Julius Henry Cohen:

I move that the matter lay over to this afternoon, and that the Assembly request Mr. Guthrie and Mr. Coudert to prepare a substitute resolution.

The President:

Suppose we take up then the next order of business and resume immediately after Mr. Bond's report. If there is no objection, the consideration of the pending motion will be taken up after we hear the report of the Committee on the Permanent Organization of the Bar, allowing Mr. Coudert and Mr. Guthrie an opportunity to confer. The Chair now recognizes Mr. Bond.

Mr. George H. Bond:

Mr. President and Gentlemen of the Association: I shall be very brief.

I have here the Report of the Committee of the Organization of the Entire Bar, which has been sent to every member of the Association. I will not read it. It gives a brief recital of the acts of the Committee pursuant to the resolutions passed at the last annual meeting of the Association, to the effect that the Committee attend the Conference at Washington and report back.

We have appended to the report a section of the report of the Committee of the Virginia Bar Association, which I think fairly states the argument both for and against the proposition at the Washington Conference and have made it a part of the report of our Committee. We appreciate that this Committee is a creation of this Association, and in our conclusions, Mr. President, we have tried merely to reflect the reaction of the lawyers who are members of this Association throughout the State, after the long debate which we had here on the subject last year, and I have drawn a resolution with which I think Mr. Guthrie, Judge Seabury and Mr. Cromwell are in accord, and which I will present.

The Committee believes that its next work should be toward the better organization of the voluntary associations of the Bar outside the confines of Greater New York.

There was held last June in the City of Buffalo, called by Mr. Wickser, President of the Erie County Bar Association, a rather remarkable gathering of lawyers to which the report refers.

We believe that the better organization of the voluntary associations up-state is a thing that the Committee ought to consider next year.

I move the adoption, Mr. President, of this resolution.

The President:

Will you read it, Mr. Bond? The Secretary is not here at this moment, or otherwise he would read it.

Mr. Bond:

Resolved, That the Annual Report of the Committee on the Organization of the Entire Bar be received and placed on file, and that the Committee be continued, with such changes and such additional members representative of the various parts of the State as the President may name; that it report the results of the operations of State Bar Organizations in other states, as well as the experience of other associations in dealing with the matter, all with a view to the submission at a future date to the Association of a fuller and more complete report on the subject. Mr. Leavitt:

I move that this Committee's report be accepted.

I would like to make a remark. Where is the power of the Legislature to organize the Bar? I have never heard that point. discussed. What power has the Legislature to form a corporation? None. It may provide that a corporation be formed, but it can not any more make a corporation than the Parliament of England can make a man or a woman.

The President:

The matter is not before the house at the present time for discussion upon the merits. The suggestion is that the matter stand over for further consideration.

Mr. Leavitt:

I want to consider it now with your permission, for a moment.

The President:

You must bear in mind that we are very much pressed for time, Mr. Leavitt. I beg you to be brief, although we would like to hear you.

Mr. Leavitt:

I will not be rebuffed for a moment.

The President:

Yes, sir, go ahead.

Mr. Leavitt:

I received my right to practice from the Supreme Court, and the Legislature can not take it away, and the Legislature can not condition my practice. It can not compel me to enter an organization. It cannot fine me if I refuse. It cannot impose a penalty. If it could, then all you have to do is to get an act of the Legislature to provide that no man shall practice law who is not a member of the State Bar Association.

Mr. Bond:

Mr. Chairman, I don't want that to stand quite that way. I think it can be answered. I would like this remark in the record, but I have arranged, as you know, that there should be no debate at this time and I will not now answer.

Mr. Cromwell:

I am in accord with Mr. Bond. Mr. Guthrie and I have studied this question many ways. The resolution is a wise one. No matter what may be the views of us all, time will mature them. The resolution is wise; it is just. I second it with all my heart.

The President:

Are you ready now to vote upon the resolution?

Judge Samuel Seabury:

I shall vote for the resolution that has been offered, but since the report of the Committee undertakes to define the attitude of the New York County Lawyers' Association in reference to the subject of an incorporated Bar, and to make comment upon two resolutions passed by that Association, I

think it only proper that those resolutions, certified copies of which I now have in my hand, should be placed before the Association. The report says the New York County Lawyers' Association does approve it, but adopted a resolution reaffirming that Associations' faith in the principle upon which it was founded, namely, an all-inclusive Bar Association, and declined to concur in the opinion that there was any danger admitting the majority of the Bar of the County or State to participate in the government of the Bar.

Now, the first resolution adopted by the New York County Lawyers' Association on October 21, 1926, reads as follows:

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Resolved, That it is against the best interests of this Association, the legal profession and the public that the Bar of the State of New York be compulsorily incorporated and governed by statutory enactment and that the principle of compulsory incorporation of the Bar by legislation in this State in any form is disapproved; that the resolution on this subject previously adopted October 25, 1922, be rescinded and the Committee appointed thereunder be terminated."

Another resolution was also adopted by that meeting in favor of an all-inclusive Bar, but not an incorporated Bar. It reads as follows:

"That the New York County Lawyers' Association, assembled at its stated meeting, does resolve as follows:

"It reaffirms its faith in the principle upon which it was founded, namely, an all-inclusive Bar Association, to which all admitted to the Bar, regardless of sex or any other condition, are eligible by reason alone of admission to the Bar; it reaffirms its faith in general fellowship and fraternity as a means of bringing the Bar to higher efficiency in the performance of its public duties; it reaffirms its confidence in the principle of majority and democratic rule in the profession and declines to concur in the opinion that there is any danger in admitting the majority of the Bar either of this county or of this State to participation in the government of the Bar; it asserts further that nowhere in this country are to be found higher standards of ethics either in theory or in practice; and it declines to con


cur in the opinion that there is at the Bar of New York County or New York City any large proportion of men or women of low moral standards."

I simply lay this before you so that the Association, through its adopted resolutions, may be permitted to define its own policy.

The President:.

The remarks of Judge Seabury and the resolutions he has read to us have been incorporated in the minutes of this meeting, so that there will be no misunderstanding as to the position taken by the County Lawyers' Association.

Are we now ready to vote upon the resolution offered by Mr. Bond?

Mr. John B. Warner:

Before this is put to a vote, I merely wish to ask Mr. Bond if he can report to this Association the result of the postal card vote which the Association instructed should be taken and which was taken. I understand that the receipt of various letters has been reported, and I would like to know if the Committee tabulated its results to show what proportion of the members of this Association were or were not in favor of the principle of the State incorporation of our Bar.

Mr. Bond:

I think that Mr. Warner is under a misapprehension about the postal card canvass, because the postal card canvass, if I recall correctly, was made down here in one of your Bar Associations, and not by the State Bar Association.

The President:

Are we ready now to vote on the resolution before the house? Resolution voted upon and carried.


To the New York State Bar Association:

The Committee on the Organization of the Entire Bar of the State submits herewith its fifth report. This subject came

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