PROCEEDINGS. it is out of order. Why should the discussion be stopped for the purpose of adopting a resolution to print the remarks of one member discussing the question, and in that manner discriminate against those who may follow? The proper order, sir, as I understand it, is to proceed with this discussion; when the discussion is done, if the Association sees fit, perhaps all the remarks might be published; but I see no reason for stopping the discussion now, and certainly there are no reasons for discriminating in favor of one gentleman's remarks against those that may follow. I submit the point of order. PRESIDENT PRO TEM. BOND: The Chair was of the opinion that the proper course to pursue would have been to finish the discussion and then make a motion on all of the papers, yet our order of exercises is very general, and as this motion before the house has been debated the Chair is unwilling to rule it out. You will therefore vote, and those in favor of the motion to put on record will say aye. The ayes appear to have it. The ayes have it. MR. MOSES: I beg to inform you that you have not correctly stated the motion. The motion of the gentleman was that the thanks of this Association be tendered Mr. Darrow for his paper and that it be printed. I have no objection to printing it, but when it comes to tendering the thanks of the Association for the paper, it involves the position of the State Bar Association of Illinois as an endorsement of these sentiments, and I don't think that we are ready to do that. The gentleman departed from the technical discussion of the question, and I am not ready now or ever to endorse the sentiments of that paper, and I trust the question will be put properly by the Chair. MR. WILLIAMS: This suggestion comes too late. PRESIDENT PRO TEM. BOND: A division is called for. A MEMBER: I voted in the affirmative for that resolution, and taking the view of Mr. Moses just expressed, I move to reconsider the last motion for the purpose of getting it before the house. I want that paper printed in our proceedings, but I don't want to endorse it as a member of this Association; I vote to have it printed, but I don't vote to thank the man for writing it. I move to reconsider. PROCEEDINGS. MR. GAGE: Is the Chair about to state the question? MR. MOSES: The Chair did not state the question correctly. PRESIDENT PRO TEM. BOND: Supposing that the members understood the full motion, the Chair therefore did not state all of the motion. The motion was that the thanks be tendered to Mr. Darrow for the paper, and that a copy be asked for publication. As an objection has been made to the stating, the Chair will state it over again and declare the vote not properly taken, so it will stand before the house now on motion that the thanks of the Association be tendered Mr. Darrow and that he be requested to furnish a copy to the Secretary for publication. MR. HURD: I have no objection to the paper being printed, but my objection was to thanking the author of that paper for the paper, and because I did not consider that we were doing ourselves justice by thanking him for denouncing us and the profession in the way he has done. I don't believe the profession has reached the very low point as expressed in that paper, and I don't believe that we here should thank any body for expressing such views of us. Now I am perfectly willing that the motion should be divided, and I am willing to vote to print that paper. I move that the motion be divided. MR. V. V. BARNES: I regard this from another standpoint entirely; this is a matter of courtesy; Mr. Darrow is recognized as a member of ability, and one of the leaders in his profession, and he has given this matter great thought and attention, and is a representative man in the profession, and I do not consider that this involves the position on our part of an endorsement of all that he says. While not endorsing all that he says, personally I believe in the sentiments and in the spirit of what he has given expression to, to-day upon this floor, and I believe it does no harm to the Bar Association of the State of Illinois to consider the matters, live matters before the people, and give them fair and candid discussion. But aside from any matter of sentiment, whether or not we endorse the sentiments of the speaker is not material, I think, in considering this proposition. I think the thanks of this Association are due to the speaker for the very careful and earnest presentation of the subject, and the serious thought and consideration he has given it, and I therefore made the motion that we PROCEEDINGS. tender him our thanks as an Association, and that we ask for a copy for publication. It is a carefully prepared and written production, not a mere off-hand discussion or debate, and as one of the young members of this bar I am in favor of extending this vote to the speaker as a matter of courtesy, to say nothing else. PRESIDENT PRO TEM. BOND: There is a call for a division. As many as are in favor of dividing the question say aye; those opposed, no. The ayes appear to have it. PRESIDENT PRO TEM. BOND: As many as are of the opfuion that the question pending should be divided, please rise and stand to be counted. MR. MATHENY: I count twenty-one. PRESIDENT PRO TEM. BOND: As many as are opposed to the motion being divided, please rise and stand till they are counted. MR. MATHENY: Twenty-one. MR. BARNES: I call for a division of the house. PRESIDENT PRO TEM. BOND: The Secretary reports a tie: I think MR. BARNES: I call for a division of the house. A VOICE: We have had a division. PRESIDENT PRO TEM. BOND: I think the vote is a tie, and for the Chair to decide. The Chair is of the opinion that the harmony of the house will be preserved better by dividing it than by continuing it as a single motion, and therefore decides in favor of the division. tion. MR. HURD: I call for a vote on the first part of the ques MR. RIGGS: It has been said that a vote to thank Mr. Darrow involves the endorsement of his views. Now, I have unbounded respect for the President of this Association, the retiring President, I have no adverse criticism for him or any thing he said in his annual address; do you all endorse what PROCEEDINGS. he said, when he said that statute after statute had gone on the books of this State within the last few weeks by bribery? Do all of you endorse that, do you believe that your legislature was bought and sold? VOICES: Yes. MR. RIGGS: Do you endorse that, all of you? (Cries of "Yes," "Yes," and applause and laughter.) All right; I believe it, too. I feared it would be so when you elected some of them; I don't believe it any more now than I did then. But to thank Mr. Darrow, who has been put upon this program by the Executive Committee, and has taken, evidently, time and care in the preparation and presentation of his views to thank him for the time he has bestowed and for the presentation of his views here, in the introduction of this discussion, does not involve our endorsement of all he has said by any means. Our thanks are due to him; he was put upon the program, he has responded to the call of the Committee of this Association, he has come here and in a friendly and orderly way, in an intelligent and scholarly way has presented his serious views and he is entitled to the thanks of this Association for responding to the call of the Executive Committee, and it will be an outrage if you do anything less than thank him for it; in my judgement we will be contemptible if we don't do it. Can't we stand a little criticism? As a member of the legal profession of this state, I don't fear criticism, I am ready to meet it any time. MR. RAE: This is a debate in which certain gentlemen have the affirmative and certain gentlemen have the negative. Mr. Darrow represents the negative so far as he has spoken. Now we may be disposed to thank both sides when they get through, for their preparation of the case, it endorses no views that are expressed by either. It seems to me that merely thanking him now and ordering the publication is rather premature, because we ought to get through with the debate and then do that, and do it to all if all deserve it, but I don't think that we are endorsing his views when we simply thank a man for speaking on a particular side which he has been assigned to speak upon, that is the negative, and he gives to us arguments rising out of the subject and the researches he has made. Therefore, I think there is no objection that we should thank him, and there are many reasons why we should thank him for his industry and ability and scholarly presentation. PROCEEDINGS. but I think the whole subject had better be left until we hear both sides. I move, therefore, that the resolution be put upon the table. MR. CHAPMAN: I do not endorse the sentiments of the paper which has been read, nor do I think that an expression of our thanks to the gentleman would be an endorsement of his sentiments, but to obviate that I move you as a substitute for the motion that while not approving or disapproving of the sentiments expressed in the paper, we do express our thanks to Mr. Darrow for the presentation of the paper, and request it for publication. PRESIDENT PRO TEM. BOND: The question is not debatable; the question is to lay this motion on the table. A MEMBER: Division. PRESIDENT PRO TEM. BOND: Those who are in favor of laying the motion on the table will rise and stand till they are counted by the Secretary. PRESIDENT PRO TEM. BOND: Those opposed will please rise and stand and be counted. There is a sufficient number up so that they need not be counted. I think this is a personal matter. We are delaying business which should be disposed of, as rapidly as possible, and therefore you will excuse the Chair if he is a little arbitrary. The question is now on the motion that we extend the thanks of the Association to Mr. Darrow for his paper and request a copy for publication. The motion was carried. MR. PAYNE: We were to vote on the first half and then on the last half, as I understood the ruling of the Chair. PRESIDENT PRO TEM. ROND: I think the Chair was in error and that the question was MR. BANCROFT: It seems to me there is no fair ground for misapprehension in the effect of the pending motion; it means simply an expression of our appreciation of the ability displayed in the preparation of the paper, without any refer |