safely be left where the Constitution and laws of the United States had left it-under the jurisdiction as to citizenship which regulates the powers of the federal court. We did not think there was an emergency calling for the extension of that jurisdiction. So I would suggest that if the Association should in its wisdom approve the views of our distinguished Chairman they should amend the act so that it would read, on page 5: An act to provide additional remedies for violation of laws against unlawful combinations by extending the powers of the federal courts in granting injunctions against citizens where there is no diverse citizenship. There is another point to be considered in this proposed amendment. It is intended to be very comprehensive, and it provides that any person specially injured may maintain a suit for injunction as well as for damages; that is, the injunction and the damages for a tort are to be awarded in the same suit. I make this statement because we had no opportunity to see the authorities cited by our distinguished Chairman when our report was prepared. As to the second bill recommended, I have only this to say: he may be right, and he may not, but I am inclined to think. that that remedy might more appropriately have been presented to one of the sections of the congress which met here last week. Some present might think that a reform in our tariff laws might be an effective remedy for combinations in commerce, and yet I do not think that would be a proper subject to bring before such a body as this. We are going out of the province of the Bar Association when we deal with such questions as the effecting of social reforms through the exercise of the power of taxation. As the majority report makes no recommendation, I have risen to make the simple motion that the report of the com mittee, with the expression of the views of the minority, be received and filed. John Morris, Jr., of Indiana: When the Association receives a report in proper form from one of its committees, it seems to me superfluous to pass a motion that the report be received. At least, the passing of such a motion could not mean that the report was approved, for the Association could not well act upon a report until it had received it. I judge from Mr. Judson's remarks that he assumes that the adoption of his motion to receive and file the majority and minority reports of the Committee on Commercial Law will amount to an approval of the majority report and disapproval of the minority report. In order that there may be no misunderstanding about the matter, I wish to object to this motion as being out of order, and to any further consideration of these reports, because, as they show upon their face and as I know to be the fact, they have not been printed and distributed to members according to the by-laws of the Association. George Whitelock, of Maryland: I would like the distinguished gentleman from Indiana to read the by-law upon which he relies. John Morris, Jr.: I will do so, sir. "All committees may have their reports printed by the Secretary before the annual meeting of the Association; and any such report, containing any recommendation for action on the part of the Association, shall be printed, together with a draft of bill embodying the views of the committee, whenever legislation shall be proposed. Such report shall be distributed by mail by the Secretary to all the members of the Association at least fifteen days before the annual meeting at which such report is proposed to be submitted. No-legislation shall be recommended or approved except upon the report of a committee." At least one of these reports contains "recommendation for action on the part of the Association," and as the reports must be considered together it is clear, it seems to me, that printed copies of the reports should have been mailed to the members of the Association at least fifteen days before this meeting. The President: Do I understand the gentleman from Indiana to make an amendment? John Morris, Jr.: I make the point of order that as the minority report contains a "recommendation for action on the part of the Association" and must be considered with the majority report, and as the reports were not printed and distributed to the members fifteen days before this meeting, they cannot now be acted upon. The President: The Chair must rule that the majority report, together with the views of the minority, is before the Association for disposition. John Morris, Jr.: I move, then, that the consideration of these reports be postponed until the next annual meeting of the Association. The motion was seconded. Walter B. Douglas, of Missouri: Will the Chair state the question before the house? The President: The question before the house is this: The gentleman from Missouri (Mr. Judson) moves that the report of the committee be received and filed, together with the report of the member constituting the minority of the committee. To that motion. the gentleman from Indiana (Mr. Morris) offers an amendment that the consideration of the report of the committee be postponed until the next meeting of the Association. Therefore, the question will be put upon the amendment. John Morris, Jr.: Mr. President, I have put my amendment in writing and it is as follows: That the consideration of the report of the Committee on Commercial Law be postponed until the next annual meeting of the Association, with leave to the committee to amend or supplement the report, provided that any amended or supplemental report shall be printed and distributed to members as required by the by-laws. Edward Q. Keasbey, of New Jersey: I would ask the gentleman to qualify his proposition- May I interrupt the gentleman from New Jersey to ask that there be read from the desk that part of our by-laws or Constitution that is referred to by the gentleman from Indiana? Edward Q. Keasbey : I was only going to suggest that the gentleman from Indiana qualify his proposition by putting in the words "inasmuch as the report has not been printed and distributed" it be deferred until the next meeting. John Morris, Jr.: I accept that. Charles F. Manderson : I ask that the provision with reference to the printing of reports at some time before the annual meeting of the Association be read. The President: The Secretary will read it. The Secretary (reading): "All committees may have their reports printed by the Secretary before the annual meeting of the Association; and any such report containing any recommendation for action on the part of the Association shall be printed, together with a draft of bill embodying the views of the committee whenever legislation shall be proposed. Such report shall be distributed by mail by the Secretary to all the members of the Association at least fifteen days before the annual meeting at which such report is proposed to be submitted. No legislation shall be recommended or approved except upon the report of a committee." The President: The question is upon the amendment offered by the gentleman from Indiana. William A. Ketcham, of Indiana : I would suggest that in lieu of the amendment the word "resolved" be left out and the word "and" be substituted. It will then appear in the motion of Mr. Judson that the report be received and placed on file and that the consideration of it be postponed. John Morris, Jr.: I will accept that. The President: That will practically be a substitute. William A. Ketcham : It is an addition to the motion of the gentleman from Missouri. He moved that the reports be received and placed on file, and the amendment, if adopted, would add "and that the consideration thereof be postponed until next year." Edward Q. Keasbey: I understand that the gentleman from Indiana accepted my suggestion? John Morris, Jr.: Yes, and I accept this last one also. Edward Q. Keasbey: I do not want it to appear that we are not ready to discuss this question now. The President: The Secretary will read the resolution as it stands in its amended and substituted form. Frederick N. Judson: I would like to have a ruling of the Chair upon the effect of the motion. |