At Memphis

To reform the law, to have an outing, to see the great, some 4,000 lawyers last week congregated in October-cool Memphis for the 52nd annual meeting of the American Bar Association.

Law enforcement was the subject of the first big speech, by outgoing President Gurney Elwood Newlin of Los Angeles. He took the up-to-date angle: "The resort to lawlessness in enforcing law or seeking to enforce the law is more than casual, in fact, it tends to be habitual."

Important Folk. Dr. Walther Simons, onetime (1925) Acting President of the German Reich, onetime (1922-29) President of the German Supreme Court, was introduced as the guest of honor by past-President Silas Hardy Strawn after an organ rendition of "Tannenbaum" and "The Star-Spangled Banner." Dr. Simons compared the relation of the German and U. S. judiciaries to the executive and legislative branches of their governments. Hoped he: that the German Supreme Court would "reach the place in Germany that the Supreme Court holds in the United States."

Also among the 4,000 present were good-golfing U. S. Attorney General William DeWitt Mitchell, Wilson-praising Newton Diehl Baker, unpolitical Mrs. Mabel Walker Willebrandt, law-enforcing George Woodward Wickersham, Dean William Draper Lewis of the Pennsylvania Law School, Mexican-born Severe Mallet-Pre-vost, Emory Roy Buckner, Charles Seymour Whitman, George Wharton Pepper, etc. etc.

Prohibition. The Association's policy to avoid bitter feelings by hushing discussion of Prohibition repeal was jeopardized by the presence of a determined wet wing, consisting largely of New York lawyers headed by John Giraud Agar. Firm chairmanship was necessary to keep the subject sidetracked.

Bitter Feeling. But elimination of the liquor question did not entirely preclude bad feeling. Educational requirements for admission to the Bar received major consideration and brought in conflict two belligerent factions, one headed by Dean Lewis of Pennsylvania, the other by Dean Gleason Leonard Archer of the Suffolk Law School (Boston night school). Dean Lewis advocated reaffirming the Association's previous recommendation of a two-year college education prior to law study. Dean Archer charged a "clique" within the Association was attempting to foster a "college monopoly on legal education by outlawing evening law schools." Dean Lewis retorted that Dean Archer, in advocating recognition of evening schools, had "commercial interests only." Dean Lewis's recommendation was reaffirmed; law schools operated for profit were condemned.

Mergers. Vigorous prosecution of every violation of the anti-trust laws was promised by Attorney General Mitchell. Changes in business conditions resulting in mergers, new methods of marketing, vertical trusts and chain stores have become so thick and fast as to be confusing to those dealing with anti-trust laws. But the Attorney-General believes the principles of present statutes will be intelligently applied by the courts. Prosperity and expansion, he thought, have increased anti-trust transgressions. Important and beneficial is the promised policy of the Department of Justice regarding questions submitted on proposed mergers and business transactions. No longer will the Department's views be in cautious, guarded terms. Its attitude on proposed mergers will be clearly stated.

Uniformity. The general desire for uniform state laws found expression in several recommendations of the Association. The National Conference of Commissioners on Uniform Siate Laws was ordered to draft a law, to be presented to the state legislatures, providing for a scientific treatment of criminals. The statute is to grant psychiatric service for all criminals, and before any criminal is sentenced for a felony in which the judge has any discretion as to the sentence, a psychiatrist report must be filed as part of the court record. Until such a report is filed no felon is to be released. Resolutions were passed in favor of a uniform motor vehicles law, a uniform "blue sky" law (controlling sales of securities).

Other Business. The committee on Jurisprudence took a firm stand against further limitations on the powers of the Federal courts; also advocated legislation providing for declaratory judgments. Advocated were the 13-month calendar year and a change in the U. S. President's inauguration date from March 4 to sometime in January. Condemned were the appointment of receivers in bankruptcy by Federal judges through, friendship or patronage, and any action which would reduce the exclusive rights of the patentee to his invention.

Honored. Known to everyone who has been a student at the Harvard Law School where he has taught for 41 years, respected throughout the profession as the outstanding authority on the law of contracts and sales, is Samuel ("Sammy") Williston. He received the Association's medal for conspicuous service rendered in jurisprudence for the year, specifically for "monumental work in restating the law of contracts."

Elections. To succeed President Gurney Elwood Newlin, the Association elected Henry Upson Sims of Birmingham, Ala. John Howard Voorhees of Sioux Falls, S. Dak., and William Patterson MacCracken Jr. of Chicago were reflected Treasurer and Secretary.

In Future. Promising full expenses to about 200 delegates, the A.B.A. has invited the Bar Associations of Great Britain and France to attend its next meeting, which will be held at a city to be selected later by the executive committee.