Tentative Program Nineteenth Annual Convention. CAPE MAY, N. J., July 21-24, 1913. The following is put forth in outline only and covers matters subject to change. Kindly indicate in what subjects you are especially interested. Which will you discuss or what other themes do you suggest that you would rather have debated and acted on? What, if any, resolutions have you to propose for the benefit of the League? RECEPTION COMMITTEE-Lucius Boltwood, Chairman; William E. Moore, Vice Chairman. (Personnel of Committee to be announced later.) (Badges giving name and address of member to be furnished.) LADIES' RECEPTION COMMITTEE—Mrs. E. C. Ferguson, Chairman. (Committee to be announced after ladies indicate their intention to be present.) ENTERTAINMENT COMMITTEE-J. Howard Reber, Chairman. (Committee to be announced.) SERGEANT-AT-ARMS-Daniel B. Ellis and assistants. Address of welcome by the Governor of New Jersey. Response: Col. George M. Napier. Reports of President, Treasurer and Secretary. Report of Special Committee on Revision of Constitution, By-Laws and Presentation of resolutions embodying action suggested by the Chairmen Note: "Resolved, That it is the sense of the Executive Committee that all reports of Standing and Special Committees, except that of the Lists and Agencies Committees, be presented to the President sixty days prior to the 1913 Convention, and that the President is authorized to have printed in The Bulletin such reports or parts thereof, together with the recommendations embodied in the reports, as he may deem proper; and the Executive Committee further recommends that the chairmen of the several committees presenting the reports confine themselves to the presentations of the recommendations and proposed resolutions embodied in their respective reports rather than read the entire report upon the Convention floor, which, it is thought, would be unnecessary, if the reports previously appeared in The Bulletin." Legislative, Membership, Bankruptcy, List and Agencies, Grievance, Unfair Forwarders, Uniform Rate, House Agency, Press, Memorial, Courses in Study of Commercial Law and Practice. Note: The resolutions so offered by the respective chairmen will be read, but discussion and action thereon will be deferred till Tuesday. MONDAY EVENING. 7:30 P. M. Informal reception and dance. Messrs. Lucius Boltwood and Wm. E. Moore in charge. 10:00 A. M. 11:30 A. M. TUESDAY, JULY 22ND. Soft ball contest between teams representing the East vs. West and Committee conferences, etc. 2:00 P. M. Reassembly of Convention. Action on report of Committee on revision of Constitution, By-Laws and Operative Resolutions. Discussion of recommendations and resolutions offered by the Chairmen of the Standing and Special Committees: Legislative, Unfair Forwarders, Uniform Rate, Membership, House Agency, Grievance, Lists and Agencies, Bankruptcy, Press, Courses of Study in Commercial Law and Practice. 3:30 P. M. Annual Address-Hon. Harry Olson, Chief Justice Municipal Court, Chicago. 4:00 P. M. Standardizing Systems and Scientific Management. To be discussed by a Forwarder and a Receiver. Discussion of Unfair Forwarders and Receivers lead by Thad M. Miscellaneous business. TUESDAY EVENING. Annual reception and ball. (Committee to be selected and announced later.) GRAND MARCH with entire membership present and guests joining. Receiving line so arranged that everybody meets and greets every other body. Virginia reel and other ancient and modern features for the enjoyment of old (if there be such) and young. WEDNESDAY, JULY 23RD. 10 A. M. Final game for the soft ball league championship between winners of Tuesday's games. Award of prizes. NATIONAL ADJUSTMENT LAW—E. A. Krauthoff, Kansas City, and discussion. POLICY and PRACTICE-Discussion. BY-LAWS and OPERATIVE RESOLUTIONS—Shall they be repealed or obeyed. Discussion by members. "FAVOR ONE ANOTHER." THE LEAGUE-Its objects and aims. Discussion by members. SCHEDULE OF FEES-Discussion by members. THE BULLETIN OUR FORUM-Wherein may it be improved. Discussion by members present. Posting of names of candidates for office in accordance with recommendation of Executive Committee. as follows: "Nomination for President, Vice President, Executive Committee shall be made as follows: "The name of the candidate for any elective office shall be posted in the convention office of the Secretary not later than 6 p. m. of the day preceding the election of officers. "Each nomination shall be made in writing, stating the name of the candidate, the office for which he is nominated, signed by ten members of the League and no more. No names of any candidates shall be presented on the floor of the Convention that shall not have been posted as above set forth.” WEDNESDAY NIGHT. 8 P. M. sharp. Banquet. George Wentworth Carr, Philadephia, Chairman. (Committee to be announced.) Earle W. Evans, Wichita, toastmaster. Special songs and features. THURSDAY, JULY 24TH. 10 A. M. Final day for cementing friendships on land and in the surf. Committee conferences, etc. 2 P. M. Report of Committee on President's Report. 7:30 P. M. 8:00 P. M. Report of Auditing Committee. Report of Special Committees. EFFICIENT SERVICE from viewpoint of Client. Shall sub-committees in the respective states be appointed to pass on PRINCIPLE vs. PRACTICE. Discussion by members. Nominating addresses for President, Vice President, Treasurer, Record- THURSDAY EVENING. Election and installation of officers. Charter Members' Reunion-Wm. C. Sprague, Chairman; E. C. Ferguson, W. W. Watts, E. E. Donnelly, H. H. Baldridge, E. J. Whitehead, U. S. G. Cherry, E. T. Florence, E. K. Sumerwell. Legislative Committee. To the Members of the C. L. L. A. Matters which were imperative have taken every available moment of my time since I received notice that I had been selected as chairman of your Legislative Committee, so that the work of this committee has not been organized as soon as I had intended it should be. However, I am now able to bring to the subject my endeavors and have already sent communications to every member of the committee outlining my ideas and urging them to prepare and have presented to their respective Legislatures the measures advocated by the constituency which we represent and whose legal business we perform. But of course, and I hope that every member will realize and take this to heart, that, the committee itself can do little else than outline the work to be done; prepare the measures and see that they are introduced into the Legislatures. The enactment of these measures into law is a different proposition, and can only be brought about by a public demand, based upon knowledge of their necessity. And for the dissemination of this knowledge we must rely upon the membership at large. There is no doubt but what every member of the League is personally acquainted with at least one member of his state Legislature and if the members will see to that this particular legislator is personally informed as to those matters there is no doubt but that great results will follow from our efforts. When you read this, telephone or write your statesman friend. Arrange for a personal interview with him if possible. Tell him who and what the League is and of the measures that are necessary to the commerce of the state and nation and enlist his assistance there and then. Your committee expects at least this much from you and we trust you will diligently perform this duty. Do it now! And what is the legislation that we want? I think in the first place that there should be some legislation regulating the practice of law in the several states; and where a law and collection business is conducted by others than duly admitted attorneys they should be required to file a bond with the Secretary of the State in which they do business, conditioned for their faithful compliance with their contracts; also a uniform statute based on the New York statute prohibiting the practice of law by corporations. The next is an act providing for the more speedy trial of causes and obviating the necessity of appeals. For this purpose it should be provided that when issue is joined or at least six days before trial the attorneys for each side should file with the trial justice a statement of the facts expected to be proved, and a summary of the evidence intended to be introduced, and that no other facts or other evidence other than what was so specified would be permitted to be introduced at the trial. Under this proposition the trial justice would have time to prepare himself for the many complex questions of evidence arising on the trial, and would be freed from the nerve racking duty of deciding off hand subtle questions prepared often times for the express purpose of entrapping him by astute and well prepared practitioners. And as most appeals go up on questions of evidence this would to a great extent, I believe, tend to the cause of speedy justice. It would make us better lawyers, as the cases would be more carefully studied and better prepared, and attorneys could never complain or claim a continuance on the ground that they were surprised on the trial of a cause. No one can object to this proposition who really desires to see trials conducted with a view to the ascertainment of truth. And if there are any who objects to it as it closes the door to chicanery, subterfuge or the denial of justice they should be compelled to accept it. The other statutes that concern us as commercial lawyers are the uniform negotiable instruments act; the uniform incorporation act,, the uniform sales of goods in bulk act, and the uniform act relating to bills of lading. The negotiable instruments act has already been adopted in forty jurisdictions and it remains to be adopted in Arkansas, California, Georgia, Indiana, Maine, Minnesota, Mississippi, South Carolina, South Dakota, Texas and Vermont. We earnestly desire and urge that the committee from those states will make an early endeavor to have the act introduced in their respective Legislatures and push for its adoptior At the present none of the states have adopted the corporation act. Ten states have adopted the act regulating the sales of stocks of goods in bulk, namely, Arizona, Connecticut, Maryland, Massachusetts, New Hampshire, New Jersey, New York, Ohio, Rhode Island and Wisconsin. The others should get in line. Only nine states have adopted the uniform bills of lading act, viz., Connecticut, Illinois, Iowa, Louisiana, New York, Maryland, Ohio, Massachusetts and Pennsylvania The committeeman in all of the states in which these acts have not been adopted will be henceforth urged to take up the work, and they are at liberty and are requested to call upon the chairman for such information and assistance as they may require. One other matter in which we should have the assistance and co-operation of every member of the League and that is to try and keep the judicial interpretation of these acts uniform throughout the union. It will avail us little, if after we have secured uniform legislation on these topics their uniformity should be destroyed by diverse and conflicting interpretations. A high authority on this suggestion is contained in the dicta of the Supreme Court of Massachusetts contained in the opinion in the case of Union Trust Co. v. McGinty, 98 N. E. Rep. 680, in which the court says: "It is a matter of common knowledge that the Negotiable Instruments Act was drafted for the purpose of codifying the law upon the subject of negotiable instruments and making it uniform throughout the country through the adoption by the Legislatures of the several states and by the Congress of the United States. The design was to obliterate state lines as to the law governing instrumentalities so vital to the conduct of interstate commerce as promissory notes and bills of exchange, to remove the confusion or uncertainty which might arise from conflict of statutes or judicial decisions amongst the several states, and to make plain, certain and general the controlling rules of law. Diversity was to be molded in uniformity. This act in substance has been adopted by many states. While it does not cover the whole field of negotiable instrument law, it is decisive as to all matters comprehended within its terms. It ought to be interpreted in such a way as to give effect to the beneficient design of the Legislature in passing an act for the promotion of harmony. upon an important branch of the law. Simplicity and clearness are ends especially to be sought. The language of the act is to be construed with reference to the object to be attained. Its words are to be given their natural and common meaning and the prevailing principles of statutory interpretation are to be employed. Care should be taken to adhere as closely as possible to the obvious meaning of the act, without resort to that which had heretofore been the law of this commonwealth, unless necessary to dissolve obscurity or doubt, especially in instances where there was a difference in the law in the different states. * In the interpretation of a statute widely adopted by the states to the end of securing uniformity in a department of commercial law, we should be inclined to give great weight to harmonious decisions of courts of other states." JOSEPH MADDEN, Chairman. Bulletins Wanted. The Secretary is endeavoring to complete the office file of Bulletins in order that they may be bound for permanent record. Mr. E. C. Ferguson has very kindly supplied several copies. The Secretary's file is complete for 1902, 1903, 1904, 1908, 1909, 1910, 1911, 1912. The copies missing which we desire supplied are August, 1905. August, September, October, November and December, 1906. January, February, April, May and July, 1907. If any of our members can supply these missing numbers, please mail them to Secretary Kreamer at once. Important Decision on Sales of Real Estate by Trustee in Bankruptcy. The U. S. Circuit Court of Appeals for the Seventh Circuit has recently handed down a decision which interests all of our members practicing in the bankruptcy courts, as it clears up the uncertainty heretofore prevailing as to sales of real estate in bankruptcy proceedings by reason of the position taken by Mr. Loveland in his work (2 Loveland on Bankruptcy, 4th Ed., Sec. 563), that such sales are governed by the general Federal statute regulating judicial sales, being the Act of March 3, 1893. (Chap. 225, 27 Stat. L. 751; 3 Fed. Stats. Ann, 54.) This Act provides that all real estate or any interest in land sold under any order or decree of any United States Court shall be sold at public sale at the court house of the county, parish or city in which the property, or the greater part thereof, is located, or upon the premises, as the court may direct, and further provides for advertising such sale for four weeks, etc. Bankruptcy lawyers generally have questioned the applicability of this Act to sales in bankruptcy, and it had been held by several Districts Courts that it does not apply (in re Edes, 135 Fed. Rep. 595; in re National Mining Exploration Co., 193 Fed. Rep. 232). As the question had never been passed upon by an appellate court, however, the Act of March 3, 1893, has by way of precaution generally been followed in sales of real estate of any considerable value. This uncertainty was increased by a decision of Judge Sanborn in re Brittania Mining Co., (East Dist. of Wis.), 28 Am. Bktcy. Rec. 651, holding that the Act of March 3, 1893, governs sales of real estate in bankruptcy proceedings, that a sale not made in strict compliance with this Act is absolutely void, and that where the real estate is not situated within the district wherein the bankruptcy proceedings are pending, ancillary proceedings must be instituted in the district wherein the real estate to be sold is located, and the sale authorized by such ancillary court. The firm of Flanders, Bottum, Fawsett & Bottum, Milwaukee, representing the purchaser of the real estate in that case, which had been sold without regard to the Act of March 3, 1893, filed a petition in the Circuit Court of Appeals for the 7th circuit to revise this decision of Judge Sanborn, the oral argument on behalf of the petitioner being made by our member, Mr. Louis A. Lecher, and the Circuit Court of Appeals entered an order immediately at the conclusion of the argument, reversing the decision of the District Court, and holding that the Act of March 3, 1893, does not apply to bankruptcy sales. The court stated that a written opinion would be filed later. Did You Ever hear of Kate Barnard of Oklahoma? She's a live one. Wields a giant's power and her short five foot sell weighs but 90 pounds! Ask those who know, or read for yourself, where Oklahoma got its child-labor law, juvenile court, charities and correction laws, etc. Find out what she did to restore two million dollars to the Indians. What she did in Kansas, Arizona and elsewhere to put humanity on the level of importance with property. And almost single handed. Then ask yourself what the Bar Associations are actually accomplishing. Oh, yes, the law associations and leagues have done and are doing much. Give them their due. But why shouldn't they? Consider the capacity and power resident within them. What account shall our own Legislative Committee give of itself? Legislatures are now in session, many of them. Each of us is as responsible as our Committeemen to work for scientific statecraft and economic and sensible procedural reform. Why the old general issue and a lot more of the games of antiquity? Let's invite Miss Kate to join the League? Apparently, we need her to show us how to duplicate her accomplishments. Coming. Practical papers on scientific management in forwarding and receiving offices will appear beginning with the March Bulletin. |