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m447 V.10

D American Judicature Society

0.2

To Promote the Efficient Administration of Justice

HARRY OLSON, Chairman,

Directors and Officers

Chief Justice of the Municipal Court of
Chicago.

HENRY M. BATES,

Dean of Michigan University Law School.

CHARLES A. BOSTON,

of the Bar of the City of New York.

CHARLES S. CUSHING,

of the San Francisco Bar.

WALTER F. DODD,

of the Chicago Bar.

WOODBRIDGE N. FERRIS,

United States Senator for Michigan.

MAJ. JAMES PARKER HALL,

Dean of the University of Chicago Law
School.

AUGUSTUS R. HATTON,

Professor of Political Science, Western
Reserve University.

JUDGE EDWARD W. HINTON,

Professor of Law, University of Chicago
Law School.

FREDERICK W. LEHMANN,

of the St. Louis Bar; former President of the American Bar Association. WILLIAM DRAPER LEWIS,

Director, The American Law Institute. GEN. NATHAN WILLIAM MacCHESNEY, of the Chicago Bar; Chairman of the Conference on Uniform State Laws. COL. ROBERT W. MILLAR,

Professor of Law in Northwestern University School of Law.

AMOS C. MILLAR,

of the Chicago Bar; former President of the Chicago Bar Association.

ROSCOE POUND,

Dean of Harvard Law School.
REGINALD HEBER SMITH,

of the Boston Bar.

COL. EDGAR B. TOLMAN,

of the Chicago Bar; editor of the American Bar Association Journal.

COL. JOHN H. WIGMORE,

Dean of Northwestern University School of Law.

HERBERT HARLEY, Secretary.

American Judicature Society

31 W. Lake St., CHICAGO, ILL.

LIST OF PUBLICATIONS

Price of each, 25 cents, Stamps accepted

Bulletin IV-A-Second draft of so much of the Metropolitan Court Act as relates to the Selection and Retirement of Judges. This applies in large part to courts outside of large cities. Pp. 127.

Bulletin IV-B-Second draft of Metropolitan Court Act. Court organization for large cities. Pp. 94.

Bulletin VI-Organization of Courts, by Roscoe Pound; Methods of Selecting and Retiring Judges, by Albert M. Kales; Local Courts of Limited Jurisdiction (for rural counties), by Herbert Harley. Pp. 68.

Bulletin VII-A-Revised draft of a State-wide Judicature Act. A plan for a unified state court system extending from the Supreme Court to the Justice of the Peace. Pp. 198.

Bulletin X-The Selection, Tenure and Retirement of Judges, by James Parker Hall. Pp. 32.

Bulletin XII-A Report on Commercial Arbitration in England, by Samuel Rosen-
baum. Of special interest to commercial lawyers and trade associations. Pp. 72.
Bulletin XIV-Rules of Civil Procedure Supplementary to the State-wide Judicature
Act (Bulletin VII-A). Pp. 200.

Bulletin XV-Conciliation and Informal Procedure, with model acts. Pp. 32.
The Municipal Court of Chicago, historical and descriptive. Pp. 43.

Bar Integration-A Profitable Movement

The recent national conference on bar organization has done a great deal to indicate what role may reasonably be expected of statutory organization The goal is an integrated bar in every state. Since there can be no complete integration except in an inclusive bar organization, statutory authority must be relied upon at some stage of the evolution. That there is an evolutionary process, already long in effect in virtually every state, seems quite evident. Until recently the evolution toward integration has operated through voluntary associations.

At just what stage of voluntary association progress resort to legislative action is indicated depends upon various conditions. It appears safe to con clude that when the voluntary association in any state musters sufficient conviction of its needs to overcome opposition in the profession and opposition in legislature the time is ripe for statutory organization. In the four states which have taken the lead in this field the test of getting a bill passed has seemed to prove that the profession is ready for this step. Nor can anybody doubt that the bar of California, where the bar act was prevented from adoption only by a veto, is ready for this forward move.

We are convinced that bar organization is one of the fundamental factors in buttressing the foundations of the temple of justice. We are seeing more clearly every day that the lawyer, individually, is the important factor in administering justice. It is obvious that the lawyer as judge and as legislator performs a significant public function and it is just as true, though less obvious, that in counselling clients, in applying the written and unwritten law to living facts, and in conducting litigation, the lawyer is the unescapable, indispensable minister of justice.

As such, the lawyer has a duty to his clients and a duty to the courts. He has a further duty and public function which have not been commonly stressed, but which are ably presented in the quoted remarks from the argument of Mr. Julius Henry Cohen of New York, appearing in the report, in this number, of the national conference. It is his duty to his profession-a duty to participate in the collegiate government of the bar and to see that the bar is what it ought to be.

In response to a feeling largely inarticulate, the voluntary associations of the bar came into being a generation ago. They have represented a halfconscious response to an obligation that has been vaguely felt but rarely expressed. The era of voluntary associations has been a necessary stage in an evolution from chaos toward definite powers to cope with definite responsibilities.

A considerable measure of integration is possible under voluntary organization and in certain states has been achieved. Some of the more active associations have developed powers to serve the growing functions of the bar. Just as these powers have grown so has the ideal of complete integration come into the field. Experience in the use of limited powers has inspired the desire for substantial powers as enjoyed by the bars of other leading nations.

We have said that statutory authority must be relied upon for a long step forward in the integration process. This is becoming the common ideal, a remote one in some states and a very imminent one in others. It should be noted, however, that it is conceivable that a state bar might be given inclusive

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