MINUTES OF THE ANNUAL MEETING

39

curred in these measures. Judge McCord or from Mr. Sterne. However, I took the matter up with Mr. Cabaniss and also with Mr. Sims, who critically went over the bills, and each gave their approval of the measures; and, if I mistake not, Mr. Harrison also talked the matter over.

I didn't receive any reply from

Now, these bills were sent then to Senator de Waddell, and we told him that we would aid and assist in any way we could before the Legislature, but we didn't think it was our province, and to let us know if we could be of further assistance. These bills were approved by the State Bar Association, and were introduced in the Legislature and were passed, and they were approved on June 16, just passed.

Now, the purpose of those bills, in short, is this: You have an act ratifying and confirming the consolidation of the two bodies under the name of the Alabama State Bar Association. That is one measure. The other bill is amending the State Bar Act in three particulars. I will read the pertinent parts of Section 5 as amended:

"On the fourth Tuesday following the certification of their names, the first Commissioners shall meet at the office of the Clerk of the Supreme Court of Alabama, and organize by the selection of the following officers of the State Bar and its Board of Commissioners, namely: A President, a First and Second Vice-President, and a Secretary.

"After the first meeting of the Alabama State Bar Association following the approval of this Act, the Board of Commissioners shall not elect a President, but at each annual meeting of the State Bar held as provided for in Section 20 of this Act, a President of the State Bar shall be elected by a majority vote by ballot of the members of the State Bar present and voting, who shall be a member of the State Bar in good standing. Said election must be had only upon a nomination made by a member of the State Bar from the floor in said final session of the State Bar. If the member so elected as President of the State Bar be not a member of the Board of Commissioners, then he shall be ex

officio President, and shall discharge the duties imposed in this Act on the President of the Board of Commissioners, and be reimbursed for his expenses as are elected members of this Commission; provided, however, that he shall not vote as a member of said Board except in case of a tie. If the member so elected as President of the State Bar be a member of the Board of Commissioners, then he shall be President of the Board of Commissioners, and shall discharge the duties imposed in this Act on the President of the Board of Commissioners. The member so elected as President of the State Bar shall hold office for one year and until his successor is elected at such annual meeting of the State Bar, and he shall not be eligible to succeed himself as said President. Said President shall preside at all meetings of said Board of Commissioners and of the State Bar. In case of the death, absence or disability of said President, his duties shall be discharged by the Vice-Presidents of the Board of Commissioners in their respective order until said President appears, or his disability be removed, or his successor be elected as herein provided for. The Commissioners shall be divided into three groups holding office for one, two and three years, respectively, and at the first meeting their terms shall be determined by law. Their successors shall hold office for three years. The Board of Commissioners is authorized to appoint a Secretary, if it so desires, a person who is not a member of the Board of Commissioners. The Secretary shall be the only paid officer of the Board, and shall be paid such salary as in its judgment it deems best, not exceeding the sum of $300 per month."

Now, this was added by the Board of Commissioners: "At the same place, and immediately following the adjournment of the Alabama State Bar Association, the Board of Commissioners of the State Bar shall hold its regular annual meeting and elect its officers for the ensuing year."

I take it from that that, at the end of this meeting, the Board will have its annual meeting.

Now, Section 20 of the Act is amended only in this respect: Mr. Burr, who is the father of this bill, has provided that the lawyers in annual meeting, with their Commissions, will have the right to a discussion. Well, of course, gentlemen usually discuss and don't do much more than that, but they do like to have a chance of following up their discussion for some affirmative work or endeavor. Now, this section is amended so as to provide that this annual meeting shall be such that officers may not only discuss affairs and the administration of justice, but to take such action as would be consistent with the terms of this Act.

Furthermore, it is provided that committees may be appointed or selected at this meeting. augmenting the work done by or consistent with the work authorized to be done by the State Bar.

Now, then, so much for that bill, and just one word about the other. The other bill also says that the Legislature ratifies and confirms the consolidation of the Alabama State Bar Association with the State Bar so as to make its charter or its constitution the provisions of the State Bar Act, plus all of the constitutional rights of the old Alabama State Bar Association which are not inconsistent or in conflict with the terms of this Act.

Mr. Dixon:

Mr. Chairman, as I read the law as written, that at the annual meeting in January the Board of Commissioners had elected a President for one year, he unquestionably would have held his time out, because this law didn't legislate him out of office; but I am advised by the Secretary that the Board of Commissioners did not elect for one year; that they elected simply a President until this meeting. So, of course, if they didn't elect their President for one year, and only for this meeting, there wouldn't be any question of filling the vacancy.

Mr. Tompkins:

Under the terms of this Act, it is provided that the President shall be elected at the first meeting. It is really the

second meeting, but it is the meeting held subsequent to the first meeting after the adoption of this Act.

Mr. Dixon:

That is what I understand.

Mr. Tompkins:

This Act was approved June 16, and this is the first meeting held after the approval of this Act. That means that the election of a President will take place in July, 1928. Mr. Dixon:

That is what I understand.

President Leigh:

My understanding of it was that the meeting of the Bar Commission-I don't know how the law reads, but it is the purpose of the Commission, if it is consistent with the lawthat the President should be elected by the Alabama Bar Association at this meeting.

Mr. Tompkins:

I move you, sir, that Judge Leigh, who has only served six months, be named as President of the Alabama State Bar Association.

The motion was duly seconded and agreed to.

President Leigh:

I didn't expect that; but the thing we had in mind was that the majority of that Commission always feel that the President of this organization should be elected by the organization itself rather than by the Board of Commissioners. The duties of the Board of Commissioners are almost exclusively administrative, and I am glad to see that law enacted, and I thank you for the election as President for the ensuing year.

Now, gentlemen, don't forget to be back here at 7 o'clock to attend the informal supper that will be given us by the Montgomery Bar Association, and also to hear the annual address that will be made by the Honorable John McDuffie. (Adjournment).

President Leigh:

EVENING SESSION

Ladies and gentlemen, there has been selected to introduce the speaker this evening the handsome and gifted young son of an equally handsome and gifted lawyer. I now have

pleasure in introducing Mr. C. E. Hamilton, Jr., who will introduce the speaker of the evening. (Applause).

Mr. Hamilton:

Ladies and gentlemen, I believe it was that great sage, Socrates, who observed that every man must learn two sciences. First, the science of speaking, and then the more difficult one of silence. I think when he uttered those words, he must, in his great wisdom and with exceptional clairvoyance, have been seeing down the years we introducers of speakers who conventionally and traditionally begin our remarks of introduction by saying that the speaker needs no introduction, and who then proceed at length, with unconscious irony, to give him one.

Not many weeks ago an intrepid young American, Lindbergh by name, embarked upon an epochal flight across the sea, bearing letters of introduction containing a resume of his life and antecedents. But, to his great surprise, when he alighted on foreign soil, he found that his fame, like the ether through which he had flown, had spread near to infinity, while his sureties were but hollow names. Of a kind is the absurd custom of having we humble ones present celebrities to their audiences.

It is a laudable policy of this Association that every year it brings to its members the thoughts and reflections of some keen intellect upon a timely subject-opinions which are the crystalization of a ripe experience and a mellow wisdom, and which come from that royal stronghold across whose portal is writ in shining letters the magic word "Success." This year the choice of a speaker is a peculiarly happy one, in that he who has been chosen is one whose name appears upon the roster of this Association. His interests throughout long and useful years have been identical with those of this body, good government and good citizenship, and he has done more than his bit to vitalize and invigorate those phases, first as a practitioner, and later in the halls of Congress. In a career of distinction, he has shed yet other gleams of brightness upon the lovely name of Alabama.

I deem it an honor to be able to present to you the Honorable John McDuffie.