took the by-laws of the bar associations of New York and Virginia and of several of the other more progressive states as a type to be followed, and has added to what is now in the by-laws certain clauses and submitted a new draft of Article X to the executive committee for its recommendation in the form of an amendment to the by-laws. The committee, after studying the matter submitted by Mr. Evans, and making some trifling amendments, unanimously voted last night to recommend that these amendments to the bylaws be adopted. As I understand it, Mr. Evans, the first half of this amendment, relating to the control of the committee over members of the association, is substantially the same as the by-law is at present? MR. ROWLAND EVANS: That is correct, with some verbal changes in the text which do not substantially enlarge the powers of the committee. THE SECRETARY: The amendment, which I will read, is as follows: "X. Whenever any complaint shall be preferred against a member of the association for misconduct in his relations to the association, or in his profession, the person or persons preferring such complaint shall present the same to the committee on grievances, in writing, subscribed by the complaining party, plainly stating the matter complained of. "If the committee is of opinion that the matters therein alleged are of sufficient importance, it shall cause a copy of the complaint, together with a notice of not less than thirty days of the time and place when the committee shall meet for the consideration thereof, to be served upon the member complained of, either personally or by leaving the same at his place of business during office hours, properly addressed to him; and it shall cause a similar notice to be served on the party presenting the complaint. At the time and place appointed, or at such other time as may be named by the committee, the member complained of may file a written answer or de fense, and the committee shall proceed to the consideration of the case upon such complaint and answer, or upon the complaint alone, if no answer is interposed. "The complainant and the member complained of shall each be allowed to appear personally and by counsel, who must be members of the association, and shall produce their witnesses. The witnesses shall vouch for the truth of their statements on their word of honor. The committee may summon witnesses, and, if such witnesses are members of the association, a neglect or refusal to appear may be reported to the association for its action. "Before the trial shall commence, the member complained of may object peremptorily to any one or more of the committee, not exceeding three; and the places of those objected to shall be supplied, for the purposes of trial, by appointment by a majority of the remaining members of the committee who are in attendance. "The committee, of whom at least seven must be present at the trial, except that a less number may adjourn from time to time, shall hear and decide the case thus submitted to them, and shall determine all questions of evidence. "If it finds the complaint, or any material part of it, to be true, it shall so report to the next annual meeting of the association, with its recommendation as to the action to be taken thereon, and, if requested by either party, may, in its discretion, also report the evidence taken or any designated part thereof. "The association shall thereupon proceed to take such action on said report as it may see fit: Provided, however, That no member shall be expelled unless by the vote of two-thirds of the members present and voting. "Whenever specific charges of fraud, or gross unprofessional conduct, shall be made in writing to the association by a reputable person against a member of the bar not a member of the association, or against a person pretending to be an attorney, practicing in this state, said charges may be investigated by the committee on griev 5 ances; and if, in any such case, said committee shall report in writing to the executive committee that, in its opinion, the case is such as requires further investigation or prosecution in the courts, the executive committee may appoint one or more members of the association to act as prosecutor, whose duty it shall be to conduct the further investigation or the prosecution of such offender, under the instructions and control of the committee on grievances. "Whenever any complaint shall be made in writing to the association concerning any other grievance touching the practice of law or the administration of justice, the committee on grievances shall make such preliminary investigation into the same as it may deem necessary in order to determine whether it is expedient that any further action shall be taken thereon. Should such further action be, in its opinion, expedient, the committee shall report in writing to the executive committee that, in its opinion, the charge or charges are of such a character as to require further investigation. Thereupon the executive committee may direct such further investigation by the committee on grievances, or otherwise, as it may deem most suitable to the case. Upon the termination of such investigation, a report thereon shall be made to the executive committee, and if the said committee shall find the complaint or any material part of it to be of such a nature as to require action by the association, it shall so report to the association, with its recommendation as to the action to be taken thereon, and it may also report the evidence taken, or any part thereof. "The reasonable disbursements of the committee on grievances for expenses incurred in any trial, prosecution or investigation may be paid out of the funds of the association, under the direction of the executive committee. "All the foregoing proceedings shall be secret, except as their publication is hereinbefore provided for, unless otherwise ordered by the association by a two-thirds vote." THE SECRETARY: As I understand it, there was no immediate necessity for the enlargement of the powers of the grievance committee. The desire was simply to be in line with the more progressive states, and to have authority, if the occasion should arise, for the committee on grievances to act. The trouble that courts and bar associations have is not usually with lawyers who are members of bar associations; lawyers who make trouble are generally outsiders. For the executive committee, I move that the amendment be adopted. MR. L. J. HACKNEY: Mr. President, I have not a very clear remembrance of the articles of association. My impression is that they were a little vague as to the objects of the association, and for the sake of information I would suggest the inquiry as to whether this by-law is not more comprehensive than the objects of the association would permit. MR. W. A. KETCHAM: Mr. President, the articles of association provide that one of the objects of this association shall be "to uphold the honor of the profession of the law." I think that the proposed amendment is within the scope of the objects of this association. That provision is pretty broad. THE PRESIDENT: The first half of the proposed amendment is substantially as the by-law now stands, with some slight verbal amendments, amendments of comparatively small consequence, and the latter half constitutes an addition to the powers of the grievance committee over persons who are not members of the association. This amendment was carefully considered at a meeting of the executive committee last night, and its adoption recommended by that committee. Are you prepared now to vote? Those in favor of the proposed amendment will say "aye;" contrary "no." The amendment was unanimously adopted. THE PRESIDENT: The next in order, gentlemen, is the report of the treasurer. THE SECRETARY: Judge Davis has handed his report to me to be read: |