Page:The Green Bag (1889–1914), Volume 22.pdf/618

 Annual Meeting of the American Bar Association THE thirty-third annual meeting of the American Bar Association was held at Chattanooga, Tenn., August 30 to Sep tember 1. Charles F. Libby, in his formal presidential address. referred, in opening, to the ever increasing volume of legislation, which, he said, not only suggested that the legislative crop was being assiduously cut, but also raised the question whether some at least of our legislatures were not becoming more and more mere training schools for amateur states men. Mr. Libby then passed to one of the main themes of his address, namely, his belief that the remedy for the wrongs which are at present so patent in our political affairs was

to be sought, not in the adoption of speciﬁc remedial legislation for curing particular de fects, but in raising by continuous and per sistent eﬁort the standard of citizenship and in elevating the civic ideas of the individual citizen. He saw dangerous tendencies in the imminence of this peril, in the popular demand for constantly enlarging the activities of the federal government at the expense of the powers originally so zealously and wisely reserved by the states. It is evident that even President Taft, he continued, is inclined to construe broadly, at least in some respects, the language of the Constitution. His recommendation of the income tax amendment at once suggests the danger that the result of the enactment of such legislation will seriously interfere with not only the resources but also the rights of the states. In some parts of the country acts have been passed authorizing, or rather attempting to authorize, the direct election of

United States Senators at the primary elec tions, with provisions for the certification to the legislatures of the results of these elections. And yet such a change involves altering the balance of power prescribed by the writers of the Constitution after most patient delibera tion and anxious attention. Mr. Libby raised the question whether any possible constitu tional basis can be found for the initiative and the referendum.

Are vthese, he asked, consist

ent with representative government? THE PROPER BASIS FOR FEES The second day opened with an address by Hon. W. A. Henderson, General Solicitor for

the Southern Railway Company, on “ The Development of the Honorarium." This subject was treated with charming humor. Judge Henderson said in part: “The young lawyer of today should ‘recog nize the fact that the proper bases for fees may be grouped under four heads, according to rules which have obtained for over two thousand years. "In the ﬁrst place, the attorney is entitled to charge according to the greatness of the case, which includes, among other things of

course, the ﬁnancial ability of the client, for it is a simple process to establish that a rich man's case is greater than that of the poor man!

"In the second place, the lawyer may con sider his ‘pains in and about the services ren dered.’ Of course the extent of these pains can best be determined by the counselor him self.

"In the third place. the lawyer is entitled to charge for his worth, his learning, his elo quence and the result of the case. These factors are also largely to be made up accord ing to the best judgment of the lawyer him self, for no one else is so competent (in the opinion of the speaker) to determine either the worth, the learning or the eloquence of an advocate as that man himself. “In the fourth place, a factor in determin ing the amount of the fee is to be found in the custom of the court. For example, it seems to be obvious that professional work of equal grade and ability is worth four times as much, according to the custom of the courts of New York, in that city, as equal work is worth in Chattanooga." Hugh K. Wagner of St. Louis read a paper on an important topic of patent law, “Mechani cal Equivalents." THE UNIFORM BILLS OF LADING AND STOCK TRANSFER ACTS The Association resumed the discussion of the report of its Committee on Commercial Law. This committee and the Committee on Uniform State Laws had both prepared reports, in which they asked the unqualiﬁed indorsement of the Association for the acts drafted by the Commissioners on Uniform