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The President: You have heard the motion. The Chair takes pleasure in putting the motion and asks for a rising vote.
The resolution was unanimously adopted, all members stand
[A copy of this resolution was sent to Mr. Justice Lumpkin and the following letter was received in reply:
SUPREME Court of GEORGIA,
ATLANTA, July 16, 1903. DEAR BROTHER PARK:-I thank the Georgia Bar Association with a full heart for its tenderly worded expression of sympathy, and you most cordially for the loving manner in which you informed me of the action taken.
Nothing could be dearer to me than the good-will of my brethren, who are also my judges.
I am growing fast in strength and health, and think it will not be long before I am ready for full work.
Will you kindly send this to Brother Dessau to read ? He will thus know I gratefully appreciate his offering the resolution.
SAM'L LUMPKIN. Mr. Orville A. Park, Secretary, etc.,
Macon, Ga. This letter reached the Secretary's office on the very day that the State was shocked by the announcement of the sudden and unexpected death of its gifted writer. Truly it seems as we read it a message from the tomb. How fortunate that in this one instance at least our love and sympathy did not remain unexpressed while our honored and beloved brother was yet alive. It is a pleasure to know that his last few days were rendered brighter and happier by this simple, sincere expression of affection by his professional brethren whom he loved so deeply and to whose service the best years of his life were devoted. Secretary.]
Mr. Sweat: The Association prior to the last meeting at Warm Springs had grown into the habit of appointing a committee, composed, I believe, of five, on nominations, and the committee thus raised reported the names suggested for the various officers of the Association and members of the Executive Committee on the last day of the meeting of the Association, and usually after a large number of the members had left the meeting for their homes. At that last meeting at Warm Springs to which I refer, on account of a disposition to waive that practice and for other reasons not necessary here to mention, the Association adopted a different course in the selection of officers and members of this Executive Committee. Names were presented in the meeting of the Association by any member who chose to present one for an office or membership of the Executive Committee and voted for in the Association in that way. I have no scruples, Mr. President, in changing precedents or in making them whenever it is necessary and proper to do so. I took part at this last meeting in the innovation that was then made in the way I have stated, but by reference to the minutes of the last meeting of the Association, it will be seen very readily, when you read what I said and between the lines, that my dissatisfaction, very largely, with the practice was against the raising of this small committee and the action of that committee in not reporting until the last day of the meeting of the Association when a great many members had left. Now, Mr. President, my own judgment is that ordinarily it is wisest and best to raise a committee on nominations and let that committee, after giving full consideration to the matter, make nominations for the various officers and members of the Executive Committee. I think ordinarily, as I have said, it is wisest and best for that to be done through a committee. Otherwise we are left for these names to be presented in meeting and without any consideration, and the practical effect is that for all of the offices, not only of President but five Vice-Presidents and members of the Executive Committee, when any one member gains the floor and presents a name that name will be elected. Of course I say nothing against any action heretofore taken, but I am inclined to think that perhaps it is best and wisest to have the nominations made by a committee rather than by one member, When any one presents a name for any one of these positions, we dislike ordinarily to oppose or antagonize it in any way, and therefore as a rule the presentation of a name would mean an election. Now, Mr. President, I move that the President of this Association appoint a committee on nominations this morning, consisting of one member from each congressional district in this State, as far as obtainable, and two from the State at large, and that this committee report back to the Association at our afternoon session.
Mr. Yeomans: I move as a substitute that the President appoint a committee of five to report back this afternoon.
Mr. Sweat: I simply made that suggestion to meet some criticisms heretofore made with reference to the smallness of the committee, two or three localities in the State being repre sented.
The President: Is there any objection to the motion? This being a departure from the regular order of business the Chair will not put the motion if there is objection.
Mr. Dessau: I wish to say that if it is the pleasure of the Georgia Bar Association to adopt either one of the resolutions which have been offered, I think from an experience of some years in serving upon committees of the character of the committee referred to, that it would be wiser for the Association to adopt the suggestion made by Judge Sweat. It is more than likely that the refusal of the Association to continue along the lines which had been adopted for many years was due to the fact that the committee was too small. Indeed the fact may now be faced that it was too small. It was scarcely large enough in numbers to be a representative committee, and there.
fore that objection can be removed, if the Association determines to return to the plan, by enlarging the membership of that committee, and the suggestion made of one from each congressional district and two from the State at large would offer a broad canvass of the merits of the members and the selection of the fittest to office that would not be obtained by referring the matter to a smaller committee. If the Association adopts either plan, I hope that it will adopt the plan offered by .Judge Sweat.
Mr. Hammond: I offer an amendment to Judge Sweat's motion, that if any congressional district is not represented in the Alssociation that the President appoint a member of the committee from the Association to represent that district.
Mr. Whipple: I feel that on account of my short membership I probably should say nothing, this being my second year. However, as a member of the Association I recognize my right to be heard. Mr. President, it occurs to me that before this action is taken by the Association there ought to be more time to think about it and to deliberate about it. Any one who was present at the last meeting of the Bar Association can not have any feeling except that of mortification as to the scenes that were enacted at that time, that seemed necessary to change the method that is sought to be resumed by the present resolution. We all know the reasons that were urged for that action. I can say I voted on the sole ground that it was better to have the nominations made before the entire Association, so that the nominees when elected would be honored by the entire Association. These are the arguments that were used and upon these arguments the Association decided that nominations should be made and the names voted on by ballot. In my individual opinion it is always better in any democratic institution to make the nominations upon the floor of the body, and if there is more
than one nomination and the officers are selected by ballot, there can be no objection to this arrangement. I naturally may feel like showing some one the great courtesy of nominating him to an office, and somebody else may feel like naming another member, and I think he should have the right to do it. However, I do not rise for the purpose of specially opposing this. motion. I move that we lay the matter on the table until this afternoon, and then if it is the deliberate wish of the Association to adopt this policy it can be done. Mr. Sweat: I know I desire The President: The gentleman is not in order. Mr. Sweat: I desire to ask the gentleman a question.
The President: I don't think it is in order to ask even a ques.. tion, for that means to debate.
The motion to lay on the table was put by the President and lost.
Mr. Hammond: I would like to change my amendment I think it is probable that there may be some districts not represented here. If a congressional district is not represented—
The President: I will recognize you and your right to amend in due course. The question first comes on the substitute offered by Mr. Yeomans.
Mr. Yeomans: Mr. President, I will withdraw my substitute in the interest of harmony. Though I believe the committee suggested by Judge Sweat is a little too large, in the interest of harmony I will withdraw my substitute.
The President: There being no objection the Chair will permit the withdrawal of the substitute. The question is on the amendment of Mr. Hammond.
The amendment was adopted. : The President: The question is now on the motion of Judge: Sweat as amended by Judge Hammond, that the Chair appoint