Page images
PDF
EPUB

is fair to say, this Constitution is substantially in the same form it was in 1874 when this Association was organized; we are running under the same machinery and the same plans. There have several things developed in the administration of the affairs of this Association. One is, that out of six hundred members one hundred and sixty are delinquent in their three dollar annual dues; some of these members owe this Association $24.00 to date, and the whole one hundred and sixty owe the Association $1600, and more. It has occurred to me as Chairman of your committee -and I was innocently put on that committee, without knowledge of these things-that there was something wrong with the method upon which we are proceeding; we have gotten on the wrong track. Therefore, I prepared some amendments, not very many, but I think they are quite serious, and Mr. Haines and I have agreed on all the amendments but one.

With that preliminary, I am going to read you the amendments proposed. The first one is on membership. I can state the present situation better and clearer than by reading it to you. The rule provides now, that when a member becomes delinquent in his dues, he may be dropped from the roll. I take it, all those members who owe this Association to-day, imagine they have been dropped from the roll. We have the right to carry them on the roll under this rule; so I think they are running along thinking they are not members. I think it is time to have a change, and that the lawyers of Iowa ought to join this Association for life and not for a day. So I prepared this amendment:

The membership of this Association shall be composed: first, all the members of the bar of Iowa who are now members of this Association, as shown by the present roll; and second, all other members of the bar of Iowa who shall apply in writing for membership in this Association and be recommended and elected, as shall be provided in the by-laws.

Now, the amendment of the by-laws, Rule VIII, is as follows: Any member of the bar of Iowa in good standing (which good standing will be presumed until the contrary is made to appear) may become a member of this Association by complying with the following:

1st. He shall sign such written application as shall be provided by the Executive Committee, and shall be recommended in writing by at least two members of the Association, and shall receive at the annual meeting following his application a majority vote of the members present.

And then I provided further that:

Section 2. Any gentleman learned in the law may be elected to honorary membership in this Association by a majority vote of the members of the Association present on written resolution by any member of the Association; but, no action shall be taken on such resolution until it has been referred to the Executive Committee, which shall report back at the same session in time to be duly acted upon. Honorary members shall not be entitled to serve on committees or vote or hold office in this Association.

I believe under that system, members coming in here will understand they are here for life and not subject to be dropped for not paying their dues. There was a time when some lawyers didn't pay their debts. That is past now. It seems to me it is up to us to adopt a method to take away this tendency to become in

arrears.

The next suggestion I have here is standing committees, which is not very much of a change, and is as follows:

ARTICLE VI

STANDING COMMITTEES. Section 1. There shall be the following standing committees, who shall be elected by the Executive Committee from the members of the Association at the first meeting of the Executive Committee after the adjournment of each annual meeting of the Association, to-wit: 1st-On Membership.

2nd.-On Grievances.

3rd-On Law Reform.

4th-On Legal Education and Admission to the Bar.

5th-On Legal Biography.

6th-On Constitution and By-Laws.

The only thing added to the section just read, is the Committee on Constitution and By-Laws.

Section 2 is as follows:

No member of this Association shall be eligible to appointment or shall serve on more than one standing committee in this Association in the same year.

That came about, because one of my colleagues is a member of three different committees and had too much to do. The corresponding section in the by-laws is as follows:

The Committee on Membership shall be composed of as many members as there now are or shall hereafter be congressional districts in the State, one member thereof shall be appointed from each of said districts.

The next suggestion is Fees and Dues:

There shall be no admission fees in this Association.

At the present time our Constitution provides that you shall the first year pay an admission fee and you don't pay any dues that year. I have stricken that out, making the dues begin at the time of the admission to the Association.

Section 2 provides:

The annual membership dues shall be such sum and shall be due and payable and become delinquent at such times and places as shall be provided in the by-laws.

The by-laws make this provision:

The annual dues shall be $3.00 and shall become due and payable on the opening day of each annual meeting of the Association and when admitted to membership and shall become delinquent on the first day of August following.

Section 2 is perhaps the most important:

All annual dues shall be payable at the place of residence of the Treasurer, whose duty it shall be to collect the same.

That will enable the Treasurer to draw on delinquent members and put it up to them in a substantial way. It might look to some of you as if it was intended that the Treasurer shall bring suit against the members. I do not think that will be necessary. I ask that Rule III be amended by adding to it:

And perform such other duties as may be required by resolution or motion duly adopted, or as may be provided in the by-laws.

I ask that Article X be repealed and the following substituted: BY-LAWS. Section 1. This Association shall have proper by-laws not inconsistent herewith for the government and control of the officers, committees and business of the Association, which shall be adopted and may be changed as shall be provided in the by-laws.

The by-laws provide that "the Constitution may be amended at any meeting by a two-thirds vote," or by a majority vote if the amendment is proposed at a prior meeting. The by-laws also provide that each member of the membership committee shall take charge of and conduct in his congressional district a canvass of each member of the bar therein who is not a member of the

State Bar Association, and for the purpose of such canvass shall appoint in each county in his district (with the power of removal and substitution) three members of the Association, naming one of them as chairman, who shall when provided with the necessary blank supplies, personally canvass each member of the bar in their respective counties not then a member of the State Bar Association," etc.

These amendments precede sections 1, 2, and 3 of the old rules. I therefore recommend that sections 3, 4, 5, 6, and 7 of the rules be reënacted as Sections 6, 7, 8, 9, and 10, simply changing the numbers.

As to Rule XII, we ask that Sections 1 and 2 of Rule XII be stricken out and the following substituted:

RULE XII. Section 1. Any by-law may be suspended by unanimous consent of those present.

Section 2. These by-laws may be amended at any regular meeting by a two-thirds vote of the members present or by a majority of those present when the amendment has been proposed in writing and is laid over until the next annual meeting.

Now, we come to Rule IX, which is:

The annual dues shall be three dollars and shall become due and payable on the opening day of each annual meeting of the Association and when admitted to membership and shall become delinquent on the first day of August following.

Section 2. All annual dues shall be payable at the place of residence of the Treasurer, whose duty it shall be to collect the same.

Now, Brother Haines's suggestion of Rule IX is this:

RULE IX. Registration Fees. Every member present at any annual meeting shall register with the Secretary of the Association and pay a registration fee of $3.00. Any member who is not present at any annual meeting may be registered upon written request, accompanied by the registration fee. No member shall be entitled to participate in the meetings or enjoy any other privilege as a member during any year in which he has not registered.

I think these amendments will put us on a better basis and will avoid this delinquency trouble.

I therefore move that this report be adopted and that our Constitution and By-Laws be amended in accordance with my recommendations.

THE PRESIDENT: I understand the committee is not agreed. I think it would be wise to hear from the other member of the committee.

MR. R. M. HAINES: So far as the amendments proposed are concerned, other than Rule IX, I think there is no divergence of opinion among the members of the committee.

I am opposed personally, and I believe the other member of the committee is also, to the suggested change of Rule IX. In the first place we do not believe it complies with the laws of Iowa. We do not believe that by a mere enactment of this Association, the venue can be changed and a right of action given the Treasurer in his own county against members in other counties. Then again, you all know, that no Treasurer of this Association is going to undertake the commencement and prosecution of actions in any court to collect from the delinquent members of this Association their little subscription of three, or six dollars, If he did do it, he ought to be disbarred, because the costs would eat up the proceeds. We do not need very much money in this Association. About the only expense we have is that of printing the proceedings and the expenses of the annual convention. It is necessarily true that the great body of the bar cannot attend our convention. It is unfortunately true that perhaps the great body of the bar do not take the interest in the Bar Association they should. After all, the important thing in this Association is to bring us into personal relationship, regardless of the money. The money is simply an incidental matter. It seems to me proper that the expense of this Association should be paid by those persons who derive the benefits of the Association by attending the meetings and by securing copies of the annual proceedings.

Therefore, we suggest, in order that it may not be necessary to cut down the list of membership-hundreds of good lawyers simply get behind, have been negligent-that we each year charge a registration fee from every man who attends the Convention, and also permit any member not present to register and secure a copy of the proceedings. I believe that will furnish all the revenue we need and keep the membership roll in better shape than now, and save the trouble and annoyance that comes from enforcing collection fees.

« PreviousContinue »