Monday, Sep. 10, 1923

Minneapolis Congress

Meeting at Minneapolis, the American Bar Association for the 46th time took counsel with itself. The Monroe Doctrine, the World Court, the Supreme Court, Radicalism, Trade, etc., etc., were discussed by such well known members as Messrs. Taft, Davis, Butler, Wickersham, Hughes, and the visiting Lord Birkenhead and Dr. E. S. Zeballos of Argentina. John W. Davis, President, opened the ceremonies with an orthodox defense of the Supreme Court. He made obvious reference to a recent article by Frank I. Cobb (Editor of The New York World) on Our Stagnant Democracy* and denied that the Supreme Court closed the avenues of social progress. Mr. Associate Justice Pierce Butler, who lives in St. Paul, animadverted upon the disuses of radicalism in colleges. This reference was taken to be a defense of himself. (When President Harding elevated him to the Supreme Court it was charged that Mr. Butler's attitude toward local centers of learning had been quite bourbon.) In his peroration Mr. Butler inveighed against the demagogue. The speech of the Secretary of State added the last word to the bibliography of the Monroe Doctrine. (See page 2.)

Advocacy of American participation in the World Court was entrusted to George W. Wickersham, Attorney General under President Taft. Despite some slight objection on the ground that it was a political question, Mr. Wickersham succeeded in carrying a motion endorsing the World Court. The motion implied that most Americans favored it. Lord Birkenhead made no reference to politics, except to intimate that in England the prestige of royalty was increasing and that of the Socialist party was diminishing.

His address was a discussion of the differences between the American and English constitutional systems, and he took occasion to point out that in the latter country there was no check whatsoever upon the Executive except by Parliament, while here the judges are masters of the executive" and of Congress." As reported, the ex-Chancellor's speech was neither epigrammatic nor provocatory (as it generally is), but he succeeded in getting several newspapers to take the rather impossible position that the difference between the two systems " is not so great after all."

Of the Committee reports mention has already been made of that of Charles S. Whitman of the Committee on Law Enforcement (TIME, Sept. 3). Mr. Whitman (ex-Governor of New York) suggested the appointment of an auxiliary commission to assist him and his associates, whose investigations have been widely commented on in the press.

Chief Justice Taft submitted, on behalf of a special committee, the proposed Canon of Judicial Ethics, but on his recommendation action on it was postponed and the drafting body redesignated for a second year.

Business came to the front when it was recommended that a committee be appointed to cooperate with a similar committee of the National Association of Credit Men in attempting to remove the more flagrant abuses of the bankruptcy law.

The Conference of Bar Association delegates reported in favor of more rigid requirements for entrance to law schools and admission to the bar.

Robert E. Lee Saner of Dallas was elected to succeed John W. Davis as President of the Association. Mr. Saner was a member of the Texas Commission on Uniform State Laws from 1920 to 1922, and was President of the Texas Bar Association in 1911.

Other officers elected were: Frederick E. Wadhams of Albany, re-elected Treasurer; W. Thomas Kemp, Baltimore, re-elected Secretary; members of the Executive Committee: Charles S. Whitman, New York City; Thomas W. Blackburn, Omaha; William B. Smith, Hartford; S.E. Ellsworth, Jamestown, N. D.; Thomas W. Skelton, Norfolk, Va. Next year the lawyers will meet in an Atlantic seaboard town as yet unnamed, from which their delegates will proceed to a second conference in London.

*Harper's, June, 1923, pp.1-6.