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TRANSACTIONS

OF THE

THIRTY-SIXTH ANNUAL MEETING

OF THE

American Bar Association

HELD AT

MONTREAL, P. Q., CANADA

September 1, 2, 3, 1913.

FIRST DAY.

Monday, September 1, 1913.

The Thirty-sixth Annual Meeting of the American Bar Association convened on Monday, September 1, 1913, at 10 o'clock A. M., in the Royal Victoria College, Montreal, P. Q., Canada, President Frank B. Kellogg, of Minnesota, in the Chair.

The President:

MORNING SESSION.

In calling to order the Thirty-sixth Annual Meeting of the Association, I have the pleasure and honor of presenting the Prime Minister of Canada, Right Honorable Robert L. Borden, who desires to extend a word of greeting.

Rt. Hon. Robert L. Borden:

I am honored in being privileged to welcome you to this city and to this Dominion at the opening of the first convention of your Association ever held outside the great Republic of which you are citizens. It is not necessary to assure you that the people of this city and province, and indeed of the whole

Dominion, most earnestly and sincerely appreciate the spirit of friendship. and neighborliness which has led you to select a Canadian eity for this gathering. As in the national life it is essential that dissimilar types, divergent interests and separated communities should understand and comprehend each other, so also friendly relations between neighboring nations are most securely founded upon the mutual understanding and respect which arise from acquaintance and association. It is also most opportune, and to us especially welcome, that as your first gathering outside of the United States now takes place in the greatest self-governing Dominion of our Empire, the Lord Chancellor of the United Kingdom should be present to address you and to visit that Dominion. In no empty or formal phrase do I bid you welcome. Indeed, the word is hardly necessary; res ipsa loquitur." Your welcome is before you and around you; it will greet you on every hand and pervade you throughout your visit to our country. There will be no occasion for you to use in that regard your practiced powers of weighing evidence.

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May I be permitted to say, as a lawyer, although one who for some years has been divorced from the active practice of his profession, that we in Canada thoroughly realize the high tradition of the Bar of the United States, and the splendid influence which it has exercised upon the public life of your country, to which a just and eloquent tribute has been paid by Mr. Bryce in his work on "The American Commonwealth." The interest of your Bar in all that concerns the elevation and dignity of the profession and the maintenance of high and worthy standards of practice and of conduct is evidenced by the very existence of this Association. It is a matter of regret that we have no similar organization in Canada, and I trust that the day may not be far distant when that deficiency will be remedied.

Our constitution, as your own, has been established upon a federal basis, involving a division of legislative and executive authority between the Dominion and the Provinces. Thus our courts, like your own, are necessarily invested with the power and duty of interpreting the constitution and of inquiring whether any authority, federal or provincial, has in any par

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