his judicial work. He is an overburdened servant of the people. He should have less detail, and not more. He has the most important judicial work in the country to do, and he should be allowed a chance to do it without unnecessary distractions. That I think is a conclusive reason for never putting any administrative work upon the Supreme Court which is not absolutely necessary to the discharge of the work of that Court. You will pardon me for saying this, but as the amendment is simply an amendment to the effect that this particular provision be not approved I have taken the liberty of saying it. Are you ready for a vote upon the question of this amendment? If so, all in favor of the amendment will say aye; those opposed, no. The noes have it, and the amendment is lost.

The question is now upon the motion as originally made. All in favor of the motion will say aye; opposed, no. The motion is carried.

J. Newton Fiero, of Albany:

Mr. President, I desire to present the report of the Committee on Legal Education, simply reporting prog ress. I will not read it, because the report is in print. I present the report, and I move that it be filed and the. Committee continued.

The motion was duly seconded and carried.

REPORT OF COMMITTEE ON LEGAL
EDUCATION

To the New York State Bar Association:

Upon consideration of existing conditions, it has been deemed advisable to postpone action or recommendations at this time.

The Committee is led to this conclusion for the following reasons:

First: Is the fact that Carnegie Foundation is not as yet in a position to publish or to furnish to the Committee either the facts or conclusions resulting from the investigation which at the request of the American Bar Association it has been carrying on for the past four years. The work of inquiry, the collation of statistics and the study of the mass of facts leading to conclusions and recommendations, as the Chairman of the Committee learns from Mr. Alfred Z. Reed, who has been in personal charge of and has vigorously pressed the work, has been found by that body to be far beyond what was anticipated when the inquiry was entered upon. While the work of this Committee so far as its conclusions and recommendations are concerned must be in a measure independent, the facts to be made public by the Carnegie Foundation will constitute a most important factor in any recommendations it may ultimately find it desirable to present. Whether a further delay will be desirable in case the report is not available at a reasonably early day the future must determine.

Second: The American Bar Association at its annual meeting in August adopted a resolution, in substance, that there shall be a Council on Legal Education and Admissions to the Bar, which shall consist of five members of that body. Its duties are to make suggestions as to the steps which the Association should take to elevate the standard of legal education and of admissions to the Bar, to inspect the law schools of the country and it may, subject to the approval of the Association, classify them. It shall perform such other duties as may be devolved upon it from time to time by the Association. Four distinct and separate fields are

open for investigation and report:

(1) Study in a law

office as a means of preparation for admission to the Bar, (2) The University Law School as a means for training and producing the jurist as well as the active practitioner, (3) The Evening Law School, where at present a large percentage of candidates for admission to the Bar are enrolled as students, (4) Bar examinations.

The Council as appointed includes Dean Stone of Columbia, who is a member also of this Committee.

It is quite desirable that when action is recommended by your Committee that it shall have the benefit of the inquiry to be made by this Council during the coming year. One of the important questions for consideration by this Committee will be the matter of uniform rules for admission to the Bar, and we should have the benefit of the fullest and latest discussion of the subject in order that we may present a report which shall be of value to those interested in a revision of the rules on the subject.

Third: The unsettled conditions resulting from the necessary curtailment of the period of actual study by candidates for admission to the Bar by reason of the large number of law students who are in the service, the effect of which upon the student body and the future of the profession cannot at this time be foreseen. At a later date some slight forecast at least may be made as to the effect of these conditions upon the law schools and the student body. In any event the subject of legal education cannot at this time receive that careful attention and examination which may and will be given to it when the all engrossing matter of the vigorous prosecution of the war shall be succeeded by Peace with Victory.

As the Committee is not one of those provided for by the Constitution in case it is deemed desirable that it be continued action must be taken for that purpose.

All of which is respectfully submitted.

Dated, December 31, 1917.

Henry W. Jessup, of New York:

At our last annual meeting, on behalf of the Committee en Legal Ethics, I offered an amendment to the Constitution of the Association relative to the powers of the Committee on Grievances. I now desire to offer as a substitute for that amendment the following, which was recommended for adoption in the report of the Committee on Grievances which I read yesterday:

VIII. Committee on Grievances.

The Committee shall consist of twenty-seven members. The Committee may receive and hear all complaints preferred against any member of the Bar for misconduct in his profession, provided the same be in writing, plainly and specifically stating the matter complained of, and subscribed by the complainant, and may in its discretion investigate misconduct in his profession of a member of the Bar of which no formal complaint has been made; and with the approval of the Executive Committee it shall take such action thereon in the name of the Association as may be deemed proper.

It shall have like power in the matter of expelling any member of the Association.

But no preferment of charges to an appellate division nor any determination of the rights of membership in this Association shall be had unless the accused has had due opportunity to be heard.

That on vouchers of the Chairman of the Committee on Grievances, additionally vouched by the Chairman of the sub-committee, if any, by whom charges shall have been investigated, the Treasurer be authorized to pay the expenses incident to such investigations by this Committee.

I now present this amendment with the additional provision that no proceedings against any member of the Bar before any Appellate Division, nor any proceeding affecting his right to membership in this Association, shall be had without "prior notice" to the accused and that he be given an opportunity to be heard.

As so amended, I move the adoption of the amendment to the Constitution of the Association which I have just read, as a substitute for the amendment proposed by me last year, which substitute is recommended by the Committee on Grievances.

The President:

Gentlemen, you have heard the motion made by Mr. Jessup? Is it seconded?

The motion was seconded.

The President:

All in favor of the motion will say aye; opposed, no. The motion is carried, and it is so ordered.

The Secretary has some announcements to make.

The Secretary:

I have here a communication with reference to the question as to whether a certain trust company is practicing law. I move it be referred to the Committee on Law Reform.

The motion was duly seconded and carried.