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The Green Bag
This argues such a lowering of the tone of the profession that it is obvious that there will be diffi culty in having remedial legislation placed upon the statute book until it comes as the demand of a substantially united bar or an outraged public. In other words, the bar as a whole must be brought to a realizing sense of the necessity of doing some‘ thing to stem this tide of demoralization. This means a campaign of education for the purpose of demonstrating that the true interests of individual lawyers are on the side of a high plane of profes sional ethics.
John Brooks Leavitt of New York read the report of the committee, and the committee was authorized to continue its eflorts. Hon. James F. Tracey of Albany, former Associate Justice of the Supreme Court of the Philippine Islands, presented a paper on "Law in the Philippines." The report of the Committee on Arrest and Imprisonment in Civil Actions advocated changes in the present laws in order to abolish arrest and imprisonment in civil proceedings, saying that the time had arrived for striking a fatal blow at an unjustifiable system. This report aroused considerable opposition. The matter was finally laid over another year. William P. Goodelle of Syracuse presented the report of the Committee on Judicial Nomi nations. It was confined mainly to the successful action taken by the committee in bringing about the defeat of Justice William E. Scripture. WORKINGMEN'S COMPENSATION
Frederick B. Campbell of New York offered
the report of the special committee upon com pensation to workingmen for injuries suffered in the course of their employment. The re
port dealt with those portions of the common law that bear upon the subject, and indicated the possible constitutional obstacles that might be in the way of embodying such a principle in law. By investigation, the com mittee said that it had found that the systems of workingmen's compensation in eflect in other countries have proved beneficial alike to the employer and the employee, and has removed an important cause of friction and unrest. Continuing, the report said : "We approve and recommend the enact
ment of a well considered statute embodying
bility and Causes of Industrial Accidents, Unemployed and Lack of Farm Labor, on “The Employer's Liability Act" was then read, before the subject was thrown open for
general discussion. Miss Eastman's paper aroused considerable interest: — In addressing you as economists, I set forth facts showing that under our present employer's laws, the great bulk of the income loss from indus trial accidents rests where it first falls, on the injured workmen and their dependents. In ad dressing you as judges, I argued that the employer's liability law is uncertain of its principles, unjust even according to common law doctrine, and that, considered in the light of modern industrial facts, the basis and underlying principle of it is unjust. In addressing you as business men, I have reminded you that the law in its actual operation is cumber some. wasteful, productive of strife, and that it is of little use in preventing accidents. From these three points of view, the American system of em ployer's liability stands condemned. I think there is left hardly one thoughtful person who seriously defends it. The question today is no longer, "Shall we retain our liability system?" but, "What. shall we put in its place?" It should make limited compensation for all accidents of employment. It should make that compensation sufficient in amount to result in shifting a considerable share of each accident loss from the family immediately affected to the em ployer, and thus to the whole body of consumers, and to provide an effective incentive for the preven tion of unnecessaryaccidents. It should reduce the possibility of disputes to a minimum and provide for a speedy settlement of all questions remaining.
Senator J. Mayhew Wainwright, the chair man of the state commission appointed to consider this question, and several others discussed the report and the paper. A reso— 'lution to the efiect that the Association approved in a general way the subject-matter of the report was adopted, including the pro vision that the report should be referred back to the committee for further investigation in co-operation with the state commission. The meeting closed with a banquet at the Genesee Valley Club at which the chief guests and speakers were Senator Bailey, Mr. Justice Ridley of Toronto, Congressman James Breck Perkins of Rochester, Hon. John G. Milburn of New York, Senator Root of New York, Henry A. Estabrook of New York and Her bert M. Mowatt of the King's Court at Toronto.
a conservative application of the principle of workingmen's compensation; and we suggest at the outset such a statute be made appli cable only to dangerous trades and indus tries." The paper of Miss Cristal Eastman, secre
The next annual meeting will be held in
tary of the Commission on Employer's Lia
Syracuse.
THE NEW OFFICERS
Senator Root was elected president for the coming year, Frederick E. Wadhams and Albert Hessberg, both of Albany, being re elected secretary and treasurer, respectively.
