·rHE AMERICAN BAR FOUNDA'"fION

ANNUAL REPORT 1958 .. 1959

AMERICAN BAR CENTER 1155 EAST 60TH STREET CHICAGO, ILLINOIS ONE OF THE BOOKS DISPLAYED on the front cover, Cowell' s The Interpreter ( 1607), was recently presented to the American Bar Foundation by Morris B. Mitchell of Minneapolis, a Fellow of the American Bar Foundation, and Mrs. Mitchell. Mr. and Mrs. Mitchell also gave the Foun­ dation a specially designed case in which to display this and other rare volwnes which might be added later to the col­ lection of the Cromwell Library. The other book, Sources of Our Liberties, is the first major publication of the American :Sar Foundation resulting from one of its approved legal research projects. It was released in August 1959. Its publication is an important event that should be recorded in these annual reports which recount the history and progress of the American Bar Foundation. Since it is the first major work written and distributed by the Foundation, the 1958-1959 year is particularly significant. The two books were selected to be represented on the cover with at least two things in mind. As a legal research organization, the Foundation will do its utmost to maintain a sound historical approach in conducting projects which it undertakes. Special emphasis will be placed on the actual practice of members of our profession and the efforts of the organized bar and other groups within the profession who are working to improve the administration of justice in all the recognized living systems of law. The attainment of these broad objectives, however, would not be possible without the professional and moral support and the financial assistance of The Fellows of the American Bar Foundation. The Mitchells' book is symbolic in this sense. Accordingly, this annual report records our appreciation for the help given by The Fellows and it is dedicated to them. THE AMERICAN BAR FOUNDATION I

ANNUAL REPORT 1958-1959

AMERICAN BAR CENTER 1155 EAST 60TH STREET ClilCAGO 37, ILLINOIS BOARD OF DIRECTORS

Ross L. MALONE President, Roswell Petroleum Bdilding, Roswell, N. M. SYLVESTER c. SMITH, JR. Vice President, 18 Bank Street, Newark 1, N . J. JosEPH D. CALHOUN Secretary, 218 West Front Street, Media, Pa. HAROLD H. BREDELL Treasurer, Circle Tower, Indianapolis 4, Ind. GEORGE s. GEFFS Jackman Building, Janesville, Wis. CF....ARLES s. RHYNE Hill Building, Washington 6, D. C. vVmTNEY NORTH SEYMOUR 120 Broadway, New York 5, N. Y.

THE FELLOWS' ADVISORY COMMITTEE TO THE BOARD OF DIRECTORS

JOHN c. COOPER One Armour Road, Princeton, N. J. ANDREW J. DALLSTREAM 231 South LaSalle Street, Chicago, Ill. E. BLYTHE STASON University of Michigan Law School, Ann Arbor, Mich.

ADMINISTRATION

E. BLYTHE STASON Administrator JoHN C. LEARY Deputy Administrator/Librarian DONALD M. McINTYRE, JR. Assistant Administrator NOBLE STEPHENS Controller

STANDING COMMITTEES BUDGET GEORGE s. GEFFS Chairman, Jackman Building, Janesville, Wis. HAROLD H. BREDELL Circle Tower, Indianapolis 4, Ind. SYLVESTER c. SMJTH, JR. 18 Bank Street, Newark 1, N. J.

FINANCE JOHN C. COOPER Chairman, One Armour Road, Princeton, N. J. RONALD J. FouLis 1001 Connecticut Avenue, Wash- ington 6, D. C. HAROLD J. GALLAGHER 15 Broad Street, New York 5, N. Y. ORISON s. MARDEN 14 Wall Street, New York 5, N. Y. VINCENT P. McDEVITT 1000 Chestnut Street, Philadelphia 5, Pa.

2 LIBRARY SERVICES CAnL B. fux Chai-nnan, Wells Building, Milwau­ I kee 2, Wi3. E. TAY.LOR Al\MSTe'RONG Republic National Bank Building, Dallas 1, Tex. Mn.TON E. BACHMANN Homster Building, Lansing 8, Mich. CHARLES A. McNABB Chicago Bar Association Library, Chicago 2, Ill. WILLIAM R. ROALFE Law Library, Northwestern Uni­ versity, Chicago 11, lli. RE SEARCH E. BLYTHE STASON Chairman, University of l\1ich:igan Law School, Ann Arbor, Mich. WALTER P. AllMST.EIONC, Jn. Commerce Titl 0 Building, Mem­ phis 3, Tenn. H:ru\BEHT W. CLARK Crocker Building. San Francisco 4, Calif. ALBERT J. HARKO Hastings College of Law, 198 Mc­ Allister Street, Snn Francisco 2, Calif. EDWARD H. LEV! University of Chicago Law School, Chicago 37, Ill.

3 THE AMERICAN BAR FOUNDATION 1

-1958=-1959

THIS REPORT of the seventh year of .:tctivity of The Ameri­ can Bar Foundation reflects growth and achievement in which the legal profession is entitled to take satisfaction. It likewise holds great promise for the future of the Founda­ tion. At the time of its organization, the American Bar Foundation constituted a new concept of service by the organized Bar to the public as well as to the profession. The validity of that concept has been established by the achieve­ ments of the Foundation. "Sources of Our Liberties," which appears on the cover of this report, is the first major publication of the American Bar Foundation which is the product of a Foundation research project. The quality of the product and its reception through­ out the country are most gratifying to all who have partici­ pated in the work of the Foundation. The selection of Dean E. Blythe Stason as permanent Administrator of the American Bar Foundation holds great promise for the continued progress of the Foundation, as well as for a broadened field of service in the public interest. Although it is the youngest member of the triumvirate com­ posed of the American Bar Association, the American Bar Association Endowment and the American Bar Foundation, the Foundation is fast approaching its companions in the importance to both lawyers and the public of the service which it is rendering. ROSS L. MALONE President July, 1960 1958-59

4 The Fellows ' of the Foundation

THE THIRD ANNUAL MEETING of The Fellows of the American Bar Foundation was held in Chicago at the Edge­ water Beach Hotel on February 21-22, 1959. Well over four hundred Fellows and their ladies attended. First on the list of the meeting's events was a trip by special busses to the American Bar Center for a tour of the building. Particular attention was devoted to the Cromwell Library and the research and administrative offices of the American Bar Foundation. The Chairman of The Fellows, David F. Maxwell of Philadelphia, presided over the entire meeting, which was highlighted by the Annual Banquet on the evening of Feb­ ruary 21st. Two annual awards of merit were presented at the Banquet. The awaTCl for outstanding research in law and government was presented to John C. Cooper of Princeton, New Jersey, the £rst Administrator of the American Bar Foundation. The other award-recognizing a member of the profession who has distinguished himself for more than fifty years in the practice of Jaw-was given to Herbert W. Clark of San Francisco. Mr. Clark served for several years on the Research Committee of the Foundation. Honora1·y memberships in The Fellows-two being per­ mitted each year, one of which may be made to a lawyer from a nation other than the United States-were given to Hon. Edmund D. Fulton, Minister of Justice of Canada, and to Hon. Hugh D. Scott, Jr., United States Senator from Pennsyl­ vania. A special citation was presented to the speaker of the evening, Hemy R. Luce, Editor-in-Chief of Time, Life and F01tf:ime. His address was entitled "The Way of the Law: The Road to the Mountains of Vision" and is reprinted in 45 Amel'ican Bar Association I oiwnal 482 ( 1959). On the follow-

5 ing day, at a joint luncheon for The Fellows and the National Conference of Bar Presidents, Senator Scott spoke on "The Other Gap: A Flaw in Our National Character." The text of his address together with a more detailed report of the meet­ ing may be found in the issue of the Journal referred to above. At the Annual Meeting of the Foundation held in Los Angeles in August 1958, the Special Committee to Study the Future of the American Bar Foundation made its report through its chairman, E. Smythe Gambrell. The Committee recommended, among other things, that there be a representation of Fellows on the Board of Di­ rectors. Agreeing with this, the Board of Directors took the view that the most appropriate way to secure a more active participation of The Fellows in the overall direction of the Foundation would be to have a committee of The Fellows serve in an advisory capacity. Whereupon the Board of Direc­ tors authorized the creation of a three man Fellows Advisory Committee to be present at all meetings of the Board. The committee has no voting power; its main function, rather, is to counsel the Directors in both policy matters and on technical problems touching on legal research projects. The advisory committee was nominated by The Fellows at their 1959 meeting and elected by the Board of Directors. Its members are: E. Blythe Stason (one year term), John Cobb Cooper (two year term), and Andrew J. Dallstream (three year term). All future committee members will serve three year terms. The selection procedure for membership in The Fellows wa.s also markedly improved during the year. In order to permit more orderly selection of nominees from the various states, the Board, at its May 1959 meeting, adopted a policy that all nominees must be approved by the Fellows from the nominee's state. Prior to that time nominations could come directly from the state delegates of the American Bar Association House of Delegates. Later, as a result of the success of this system in practice, and concurrent with the widespread feeling among The Fellows that its organization should initially determine the qualifications of the nominees, the procedure was formalized by an amendment to the membership selection provisions of The Fellows By-Laws.

6 BOARD OF DJRECTORS Administration

FELLOWS ADVISORY COMMITTEE

RESEARCH PROJECTS AND COMMITTEES LIBRARY

THE ESTABLISHMENT of The Fellows Advisory Com­ mittee to the Board of Directors was partial achievement of an objective recommended by the Gambrell Committee. Continuity of policies and leadership, and strength in inter­ nal administration were other specific recommendations. In the fall of 1958 President Malone appointed a special committee to select a permanent administrator of the Foun­ dation. This position had been vacant since John C. Cooper the first Administrator had resigned in 1957. In the interim, the affairs of the Foundation were supervised by Frede1ick B. MacKinnon until his resignation in October 1957, and then by John C. Leary who held this responsibility as well as that of Librarian. Much to the delight of the officers and directors of the Bar Foundation, E. Blythe Stason, retiring Dean of the University of Michigan Law School, and Chairman of the Foundation's Research Committee, was selected and accepted the position of Administrator. Dean Stason has achieved a place of emi­ nence in the legal profession in the United States, both as an administrator of a great law school and as an educator and scholar. His appointment as the Adminish·ator was an­ nounced by President Malone at the 1959 annual meeting. Dean Stason has served as Administrator in a part time capacity during his final year as head of the Unive ·sity of Michigan Law School He will assume full time responsibili­ ties in August 1960-shortly after his retirement from teach­ ing. He has served as dean of the law school at Michigan for 21 years.

7 In a further endeavor to improve and strengthen the work of the Foundation, the Research Committee-then headed by Dean Stason-formulated a revision of operating pro­ cedures. The plan was favorably received by the Board of Directors and in October, 1959 it was formally adopted. Three fundamental changes are contemplated. The first improvement established a procedure under which the Re­ search Committee and the administration of the Foundation can jointly develop a well balanced research program. Secondly, the distinction between Glass A and Class B projects is abolished. And thirdly, the new procedure calls for a more mderly and efficient supervision of research projects. Especially significant in cqnnection with all of these objectives is that the Administrator now has immediate supervisory authority over all research. Under earlier regula­ tions Class A projects (those having large budgets and an extended period of operation) were under the supervision of special committees. The new regulations entitled "Organi­ zation and Procedure for the Conduct of American Bar Foundation Research and Library Programs" are available without cost at Bar Foundation headquarters.

Research Committee The Research Committee is vitally important in the opera­ tion of the Foundation. It had an extremely busy year, having met on numerous occasions. In large measure the progress and success of the projects reported on herein is attributable to the hard work and devotion of the committee. library Services Committee The Library Services Committee was active in developing the collection of the Cromwell Library and in improving its services. The Library's many services benefit the lawyers in the United States and, as is detailed later on in this docu­ ment, also benefit lawyers throughout the world.

Budget Committee and Finance Committee The Budget Committee and the Finance Committee were particularly active in improving the fiscal operations of the Foundation. The personnel of these two committees have given considerable thought not only to the immediate

8 financial needs of the Foundation but also to the develop­ ment of a long range financing program considered so desira­ ble by these committees for the successful development of the Foundation in future years.

Foundation Counsel In addition to these standing committees, the Foundation has been assisted greatly by the three counsel who have served gratuitously in their respective capacities. These were: Tax Counsel, Allan H. W. Higgins, Boston; Corpora­ tion Counsel, Harold L. Reeve, Chicago; Copyright Counsel, Horace Dawson, Chicago. Special acknowledgment is appropriate of the many serv­ ices rendered to the Foundation by Allan H. W. Higgins whose untimely death occurred in Boston, Massachusetts in July 1959. Mr. Higgins was Chairman of the Building and Executive Committee of the Fotmdati.on which had the responsibility for the planning and construction of the American Bar Center. He was in fact the architect who con­ ceived and executed the form of organization of the Ameri­ can Bar Foundation and served as its Tax Counsel until his death. He was succeeded by H. Cecil Kilpatrick of Wash­ ington, D. C. The lawyers who have served on the special committees of the Foundation which are listed in the back of this report have given generously of their time and talents to make possible the progress of the Foundation during the year.

9 Research Projects

I. CITIZENSHIP EDUCATION A. Sources of Our Liberties THE FIRST MAJOR PUBLICATION of the Foundation, Sources of Our Liberties, appeared August 8th, 1959. The book, portrayed on the cover of this Annual Report, repro­ duces authoritative texts of thirty-two documents, and in­ cludes an historical analysis and annotations of these repre­ sentative sources of our liberties. The research work, based on a proposal submitted by the Citizenship Education Com­ mittee of the American Bar Association, and the final printing and distribution were made possible by two generous grants from the Alfred P. Sloan Foundation, Inc. of New York City. The Foundation has distributed approximately 1,500 copies of Sou1·ces of Oiw Liberties to The Fellows of the Foimdation, deans of Law schools approved by the American Bar Association, to members of the federal judiciary, news­ paper publishers and editors, news columnists and comm~n­ tators, and to editors of leading magazines. The remaining copies will be sold by the disbibutor, the Associated College Presses of New York University Press. B. Statutory Requirements for Teaching of United States History and the Principles of the United States Con­ stitution The compilation of the statutory provisions requiring the teaching of American history and the principles of the United

10 States Constitution formed a second portion of the Founda­ tion's research in Citizenship Education. The completed I manuscript was approved at the Foundation meeting in August 1959, and subsequently, was published.

II. PRACTICE OF THE LAW The Foundation is currently conducting studies in three areas which relate directly to the pxactice of law. These three projects, annotating the Model Business ·corporation Act, examination of the guarantees of the rights of the mentally disabled, and surveying the unauthorized practice of the law, have raised problems in research techniques. Two methods of research have been employed by the Foundation; they may be named "searching the law" and "searching the facts," or "field studies." Each has its own value, and raises its own problems. The choice of technique to be utilized is dependent upon the purpose of the study. During the past year, the research carried on by the Founda­ tion has been solely of the "searching the law" type; no field studies have been conducted during this period.

A. Annotation of the Model Corporation Act This project, now in its third year, is nearing completion. Under the supervision of the Special Committee and with the financial assistance of lawyers, sponsoring law firms and interested corporations, the research staff of the American Bar Foundation has annotated all sections of the Model Business Corporation Act with the state statutes and per­ tinent cases. Editorial guidance is being given by the Corpo­ rate Laws Committee of the Section of Corporation, Banking and Business Law of the American Bar Association, the original sponsor of the project. The research work will be completed by the end of the ensuing fiscal year, June 30, 1960, and publication of the annotations will follow within a few months.

B. Rights of the Mentally Disabled This project has been in operation since June 1956, and the research staff has compiled the relevant portions of all

11 state statutes that have any bearing on the dghts of the mentally disabled. Two drafts of the manuscript commenting upon these provisions have been completed, as well as some 40-odd cha.its which summarize in tabular form the statutory provisions. After review by Foundation officials and outside experts in the field, a further revision of the manuscript eemed advis­ able. vVork on the revised manuscript was continuing at the close of the Foundation year. The project, originally sug­ gested by the American Bar Associatipn Special Committee on the Rights of the Mentally Ill, has been administered as a Class B project. C. Unauthorized Practice of the Law The Unauthorized Practice Source Book, the fiTst publica­ tion of this Class B project, is essentially an expanded bibliography on the subject. Released in December 1958, it classifies the case law and literatw-e in a fashion designed to be helpful to all Bar Association committees dealing with the problem. The work on the second portion of the project which will culminate in the publication of the Unauthorized Practice Statute Book began shortly after in 1959. It will analyze and classify all the state statutes which have any bearing on the unauthorized practice of law.

Ill. SURVEY OF THE ADMINISTRATION OF CRIMINAL JUSTICE In January 1958, a seven-volume Pilot Report covering field research in the states of Kansas, Michigan and Wiscon­ sin was submitted to the Ford Foundation with a request for the funds necessary to conduct similar field studies in fourteen additional states as well as in the federal system. In November of 1958 the Ford Foundation advised the Bar Foundation that after having observed the seminar on the Pilot Project Report held at the Law School of the University of Wisconsin and after having consulted experts in the field of criminal law, it was of the opinion that the Pilot Project Report constituted, potentially, a significant contribution in the field of criminal law administration. It was felt, however, that a thorough analysis of the facts contained in the report 12 could present more effectively the information already ob- tained in the very comprehensive report. / The "Bar Foundation's Special Committee on the Adminis­ tration of Criminal Justice, at its meeting in January 1959, reviewed the various recommendations that had been made. It resolved, with later approval by the Board of Directors of the Foundation, to embark on a fifteen to sixteen-month period of analysis. Elaborating on the reasons therefor, the Committee recognized that: 1. The Pilot Project Report holds the potential for genu­ inely significant contributions; 2. It was not desirable to launch immediately into a com­ plex-program of gathering comparable data from a large number of additional states; 3. Many of the persons who had reviewed the Pilot Project Report believed the current need to be: a) to analyze carefully the Pilot Project data and other relevant material in order to identify the problems in the administration of justice; b) to define those problems in detail; and c) to relate the Pilot Project Data to these problems and evaluate the adequacy of the data obtained so that one may determine what type of addi­ tional data and additional research may be necessary. The Ford Foundation kept the request for additional funds under advisement until May 1959, when it awarded the Americ~n Bar Foundation an additional grant of $74,992.00 for the analysis phase of the project. Frank J. Remington, Director of field research during the pilot phase and of the previously mentioned seminar at the University of Wisconsin was named Director of the analysis phase by the Committee. Persons eminently qualified in the field of criminal law will analyze the data. Under Professo1· Remington's direction substantial progress has already been made in the preparation of an important and comprehensive publication for general distribution. Under present sched­ uling the analysis should be ready for publication in the summer of 1961. 13 Numerous persons have requested copies of the Pilot Project Report for study and use. These requests, ul)til recently, were considered individually by the Board of Directors of the Foundation and many were denied. Weigh­ ing heavily in the decision was the fact that much of the information obtained and reported by the field researchers was given them under the condition that the material would. be used with discretion, and that the identity of persons and agencies would be concealed. It is recognized that it is im­ possible to disguise completely all individuals and agencies referred to in the report. Aside from a desire to honor its legal and moral commitments the American Bar Foundation recognizes that it must measure up to the trust placed in it if it expects to receive continued cooperation in future field studies. The success of an expanded study depends on it. The Special Committee was requested to devise a plan to meet this problem. At its January 1959 meeting the Com­ mittee decided first, that because of the very limited number of Pilot Project Reports available, copies should be released on a loan basis for a period not to exceed ninety days, unless a longer period can be justified. Second, the Committee recommended that the Pilot Project Report be loaned only to 1) recognized scholars in the field of criminal law, or in related fields, actively engaged in academic work, and 2) seminars or other projects conducted under the auspices of law schools approved by the American Bar Association, and certain other schools in such related fields as the social sciences. It was the Committee's feeling that such groups as law enforcement agencies and legislative committees-partic­ ularly in those states covered by the Survey-should be de­ nied access to the Report because of its confidential status and because of its questionable utility to these groups in its present purely descriptive form. As a third measure the Committee recommended that the Board of Directors pre­ scribe certain conditions which must be agreed to in writing by a qualified recipient of the Report. The Board of Directors adopted all of the Committee's recommendations. Under the aforementioned reservations, the Fom1dation welcomes requests for the loan of the Pilot Project Report. Detailed conditions for its use will be supplied upon request. 14 IV. LAWYERS IN THE UNITED STATES: DISTRIBUTION AND INCOME I With the cooperation of Martindale-Hubbell, Inc. and the Survey of the Legal Profession, the Foundation published in February 1956 the Lawyers in the United States: Distri­ bution and Income; Part I: Distribution. This book sets out the results of the first three statistical reports of the lawyers in the United States conducted by Martindale-Hubbell, Inc. for the Survey of the Legal Profession and for the Foun- dation. .. Under a standing arrangement with Martindale-Hubbell, Inc. their 1958 directory together with Martindale's 4th Sta­ tistical Report of Lawyers in the UnitE:d States were ana­ lyzed by both their organization and the Foundation. The 1958 Distribution of Lawyers in the United States, a supple­ ment to the 1956 lawyer distribution report, was completed during this year and publication will follow shortly. While it has not been thought desirable to publish any­ thing additional in the income field during this Foundation year, the Foundation staff has engaged in several short term research proiects to assist the American Bar Association Special Committee on Economics of Law Practice. The memoranda prepared are listed in the Foundation's catalog of publications and are available to those interested.

V. FINANCIAL RELATIONS BETWEEN LAWYERS AND CLIENTS This is a project somewhat allied to the income portion of the preceding project. The proposal originated with the Americ~ Bar Association Special Committee on the Eco­ nomics of Law Practice. Initially the research work is di­ rncted to an investigation of the federal statutes and adminis­ trative regulations limiting attorney's fees. When this is com­ pleted and published, the n ext factor to be investigated will be contingent fees.

VI. LAW OF OUTER SPACE This project, proposed by the Special Committee on the Law of Outer Space of the Section of International and Comparative Law, is operated under a research contract 15 between the American Bar Foundation and the National Aeronautics and Space Administration. The research report­ ers for the Project, Professors Nicholas deB. Katzenbach of the University of Chicago Law School and Leon S. Lipson of the Yale Law School, supervise research work at their respective law schools. The report will classify and analyze all available writings on the law of outer space. The reporters are being assisted by the Section Committee, established as an advisory committee to the project. This is the first con­ tract which the Foundation has entered into with an o itside Agency for the conduct of legal research.

VIII. CONGESTION IN THE COURTS During 1958-1959 eleven issues of the monthly newsletter Court Congestion, including an index of all previous issues, were published. The mailing list totals 1,342. In addition a rep01t ·was prepared by the Foundation's research staff in collaboration with the American Bar Associ­ ation Special Committee on Court Congestion. It has been published since tmder the title "Ten Cures for Court Con­ gestion." The combined efforts of the A B A Committee and the Foundation clearly demonstrnte the importance and the need for close cooperation between the two organ 'zations. The Cotirt Calendar Studies is another project cmmectecl with the Fom1dation's work in the field of court congestion. A report on this subject is nearing completion and a publi­ cation date is set for the summer of 1960.

APPROVED PROJECTS IN THE FINANCING AND PLANNING STAGE I. Federal Tax P1'0cedw·e, American Statutory Law, Pro· cedU1'es in Hospitalization and Discharge of the Mentally Disabled. All three of these projects have been approved by the Research Committee and the Board of Directors and are in various stages of development in either planning or financing. A. Federal Tax Procedure This project was recommended by the American Bar Association Section of Taxation. Their view was that a

16 thorough examination of the procedures in the tax field was needed as contrasted with work being done in the substan­ tive tax field. During this Foundation year a request for funds was developed and placed before one of the leading fund granting foundations. B. American Statutory Law Proposed by the National Conference of Commissioners on Uniform State Laws, this project contemplates a digest of statutory laws of all the states somewhat comparable to the familiar case law digest. At the present time there is no research tool available which permits a horizontal approach to all state statutes on a particular point except in a few specialized subject areas. A Special Committee appointed to study the feasibility of such a project is currently formu­ lating a project plan. C. Procedures in Hospitalization and Discharge of the Men· tally Disabled This project is a successor to the research which has been done in the written law and literature on the rights of the mentally disabled. The significant distinction between this and the prior study is that it will involve field studies of the day to day procedures actually used to hospitalize and dis­ charge mentally disabled persons. Major attention will be on legal procedures, but it will be necessary to rely heavily on the assistance of qualified psychiatrists and public officials supervising mental hospitals. A grant of $88,910.00 from the National Institute of Mental Health has enabled the Foundation to undertake this study. Since the success of such a study depends especially on its planning, an all-out effort was made to get the advice of knowledgeable men in the field. Conferences were held with the Foundation Committee supervising the project, the American Bai: Association Special Committee on the Rights of the Mentally Ill, and other experts such as psychiatrists and law professors. Emerging from these conferences was a problem of the project's scope. There was some question on the extent to which the legal procedures in the administration of hospitalization laws ought to include medical aspects. It was learned that courts presiding over hospitalization cases

17 must rnly heavily-if not sometimes exclusively-on the testi­ mony of psychiatrists (or other expe1t medical witnesses) in deciding on whether or not the pe1·son before them should. be hospitalized. It was decided that this question could be answered only after more intensive planning, taking into account time and money limitations as well as the availability of competent personnel to carry out the task. Completion of such a plan is set for the summer of 1960. II. Canons of Professional Ethics .. The final reports and recommendations of the Special Committee on the Canons of Professional Ethics were sub­ mitted at the August 1958 meeting of the Board of Directors. The most cogent of these recommendations was that con­ ditions of modern law practice had so changed that a close examination of present day law practice was necessary before any revisions of the Canons would be possible. Although the Board of Directors felt this would be too formidable a project from both a financial and administra­ tive standpoint, both the Board and the Research Committee felt the subject of professional ethics deserved attention, perhaps on a continuous basis. Thereafter, the Research Committee itself submitted dxafts of a proposal outlining a project "Professional Responsibility-Canons of Professional Ethics." This project was formally approved by the Boru:d of Di.rectors in August 1959. III. Automobile Accident Litigation The immediate objective of this project is a review and identification of the various steps that enter into the process of automobile accident litigation. Also expected is a com­ parative analysis of similar legal research cun·ently under­ way by other organizations. The combined study should make possible the identification of the crucial points in the pwcesses and procedures of automobile accident litigation and indicate areas where original research is needed. Under current work schedules the project will commence upon completion~ of the project on the Rights of the Mentally Disabled. 18 TERMINATED RESEARCH PROJECTS John Marshall Papers I Three phases were proposed for this project: ( 1) the col­ lection of the papers by microfilm or photostat process; (2) the preparation of a one-volume study of the contributions made by John Marshall to the legal profession; and ( 3) the editing and publication of the papers ·themselves. Shortly after the fixst phase of the project was approved it was learned that the College of William and Mary had formulated pla11s to undertake a similar pro1ect. In the light of this development the Board of Directors in the spring of 1959 reconsidered the advisability of the Foundation's work in the field based upon recommendations from the National Historical Publications Commission, the College of William and Mary, and a Bar Foundation Special Committee. The Board of Directors decided it would be more appropriate for a project of this nature to be conducted by the College of William and Mary (of which John Mru:shall is an alumnus) than the Foundation. The project was therefore terminated, with the understanding that the Foundation will cooperate with the William and Mary project.

19 The Cromwell Library

STAFF Since the Library is specialized in its collection and emphasizes services to lawyers in this country and abroad, the quality of the staff is of prime importance. In recognition of this fact, the Board of Directors authorized the following professional positions for the Library: Libraiian, Assistant Librarian, Catalog-Reference Librarian, and Technical Processes Librai·ian. During the year, professionally trained librarians were hired to fill vacancies in these positions and, in consequence, the Library now has an adequate staff to handle its operational needs for the next several years.

COLLECTION The state statutory collection has ,been completed through the cooperation of the National Conference of Commis­ sioners on Uniform State Laws and several law publishers. In its policy, the Library continues to stress acquisition of publications of the organized bar throughout the world. It should be noted that many of the nearly 10,000 serial volumes in the Library are published by the legal profession.

SERVICES The Library Reference Service handles multifarious requests for information presented in person, by mail, or by telephone. Nearly 500 such requests were handled by the Foundation and Library staff during the year.

20 The Photocopy Service is an invaluable adjunct to the Reference Service. In addition to its use as a supplement to reference work, nearly 300 requests for Photocopy Service alone were handled by the Library. In conjunction with the Reference Service, the Library is building a collection of memoranda prepared in response to individual inquiries or as peripheral products of Foundation research activities, some of which are pll.blished. Because many of the inquiries relate to problems of the o ·ganized bar an

PUBLICATIONS AND OTHER ACTIVITIES The 6th edition of the "Little Green Book" -a listing of graduate degrees in law and current legal research projects­ was prepared during the Foundation year. Because this publication deals with academic a_nd allied legal research, it is a significant contribution to the Foundation and Library function as a clearing house of information on the legal profession. There were no additions to the index series or the Reprints for Lawyers series during this Foundation year. However, there was one addition to the Microreproduction Series (re­ issues on microfihn or microcard of out-of-print bar associ­ ation publications); the first eleven volumes of The Alabama Lawyer. The Library regularly publishes a Recent Acquisitions list which is distributed to over 1000 individuals and organiza­ tions including The Fellows of the Foundation and law schools. "New Books for Practicing Lawyers," a column in tli_e A.B.A. Journal, is p ·epared by the Library staff. A reviewing of the internal operations of the Library necessitated the p ·eparation of guides for the operation and use of the Library. Accordingly, two manuscripts were pre­ pared: the Staff Manual and the Readers Manual. The latter indudes the Bibliography of Periodicals in the Cromwell Ubmry compiled by the Library. 21 The catalog of Foundation publications at the end of this report lists all titles that have been published to the date of printing. The Library assisted the American Bar Association Special Committee on Cooperation with Legal Profession of Friendly Nations in sending 12 packets of representative American law books to designated countries and coordinated the installation of Microlex packets, authorized by the Board.

GIFTS AND SERVICES TO THE LIBRARY The New York law firm, Sullivan and Cromwell, gave to the Foundation a portrait of the late William Nelson Cromwell. Appropriately, the portrait was hung in the Cromwell Library-so named in honor of Mr. Cromwell. The list of contributors below does not include the bar associations and individuals who have contributed books during this year and whose contributions are also gratefully acknowledged.

1. Fellows of the Foundation E. DIXIE BEGGS Pensacola GEORGE E. BRAND Detroit NORRIS DARRELL New York City HERBERT A. DEYOUNG Chicago wALTER B. JONES Montgomery MAURICE H. MERRILL Norman, Okla. MORRIS B. MITCHELL Minneapolis JAMES F. SPOERRI Chicago 2. Law Book Publishers BANCROFT-WmTNEY Co. San Francisco BUIIDETTE SMITH Co. Chicago BUREAU OF NATIONAL AFFAIRS, INC. Washington, D.C. JAMES c. FIFIELD COMPANY Minneapolis LAWYERS Co-OPERATIVE PuBL1smNG Co. Rochester, N.Y. LITTLE, BROWN & Co. Boston MARTINDALE-HCJBBELL, INC. Summit, N.J. M1cmE & Co. Charlottesville, Va. Pnrn & FISHER, INc. Washington, D.C. PRENTICE-HALL, INC. Englewood Cliffs, N.J. SHEPARD'S CITATIONS, INC. Colorado Springs VERNON LAw Boo:rc Co. Kansas City WEST PuBusHING Co. St. Paul

22 3. State Codes Through the NCCUSL ALLEN SMITH Co. Indianapolis I BAKER, VooRHIS & Co., INc. Mt. Kisco, N.Y. BANKS-BALDWIN LAW PunusmNG Co. Cleveland BOBBS-MERRILL Co., lNc. Indianapolis EQUITY PUBLISHING Co. Orford, N.H. HARRISON Co. Atlanta

FINANCES Special Grants and General-Income Received, 1958-1959 Fellows...... $64,481.00 Group Life Insurance Benefits...... 8,915.00 American Bar Association Endowment ...... ~ ...... 75,000.00 American Bar Association...... 42,630.00 Contributions from law firms, individuals and business corporations to the Model Business Corporation Acts Project ...... 28,427.00 Sundry ...... 3,268.00 Fees for Microreproduction services ...... 868.00

General Operational Expense, 1958-1959 Survey of the Administration of Criminal Justice in the United States (All expenditures made out of grants from the Ford Foundation) ...... $ 2,357.00 Annotation of the Model Business Corporation Act and the Non-Profit Corporation Act (All expenditures made out of grants from numerous sponsors) ...... 38,824.00 Citizenship Education ...... 3,474.00 Congestion in the Courts ...... 6,827.00 International Unification of Private Law ...... 101.00 John Marshall Papers ...... 696.00 Lawyers in the United States ...... 7,588.00 Reference Service ...... 8,472.00 Rights of the Mentally Disabled ...... 15,738.00 Unauthorized Practice of the Law ...... 6,661.00 Survey of American Statute Law ...... 8.00 Cromwell Library ...... 42,946.00 General Expenses ...... 30,671.00 The Fellows ...... 9,022.00

23 AMERICAN BAR FOUNDATION

STAFF ADMINISTRATION

E. BLYTHE STASON Administrator JoHN C. LEARY Deputy Administrator/Librarian DoNALD M. McINTYRE, JR. Assistant Administrator KATHLEEN PRUNTY Office Manager ESTHER BRENDEL Bookkeeper BARBARA EWING Secreta;\y BETTY ANN ULBRICHT Stenographer

RESEARCH

LAl"I J. BADER Research Assistant MARIAN D. BAKER Secretary FREDERIC A. BRACE Research Attornev E. RUTH BRENDEL Secretary J. DouGLAS CooK Research Attorney PATTY DAILY Secretary GEORGE E. DARRAH Research Assistant MICHAEL B. DOUTY Research Assistant WILLIAM w. FULMER Research Attorney LLOYD A. HALE Research Assistant NORMAN c. lIANFLING Research Assistant TERRY J. HATTER Research Assistant HERMA c. HILL Research Assistant JAMES A. HOLTON Research Associate HARRY J. HOLZ Research Attorney JOSEPH D. KAPLAN Research Assistant KATHRYN L. KELLY Research Attorney L. HUGH KEMP Research Attorney 'WAYNE L. LAFAVE Research Attorney MARK s. LIEBERMAN Research Assistant JAY K. LONGACRE Research Assistant GLORIA P. MARTINEZ Research Assistant .ANN MIHOK Stenographer MARGUERITE D. 0BERTO Research Attorney CARTER D. PEEBLES Research Assista~t FRANK J. REMINGTON Project Director WILLIAM P. RICHMOND Research Assistant JAN SCHLESINGER Research Assistant ARTHUR M. SOLOMON Research Assistant RICF_ARD E. SPEIDEL Research Attornev

24 JAMES F. SPOERRI Project Director HENRY J. STEENSTRA Research Assistant J HELEN TAO Secretary ROBERT E. ULBRICHT Research Attorney

CROMWELL LIBRARY

NIJOLE CEPULKAUSKAS Catalog/Reference Librarian ANTHONY s. EARL Student Assistant JEAN GROUNDWATER Secretary RAMONDA Jo KARMATZ Assistant Libra~an EDYTHE KEsHNER Bibliographer 0LAVI MARU Technical Processes Librarian MARY ALICE MEGILL Secretary DONALD s. PADGITT Student Assistant HARLEY A. STEPHENSON Reference Attorney BARBARA SUTHERLAND Assistant Librarian DAVID P. TISIUS Student Assistant

SPECIAL COMMITTEES

ADMINISTRATION OF CRIMINAL JUSTICE

HAROLD A. SMITH Chairman, First National Bank Building, Chicago 3 ALBERT J. HARNo Vice Chairman, Hastings College of Law, San Francisco 2 WALTER P. ARMSTRONG, JR. Secretary, Corrunerce Title Build­ ing, Memphis 3 WILLIAM RAY FORRESTER Tulane University School of Law, New Orleans 18 BORIS ·KosTELANETZ 52 Wall Street, New York 5 BoLITHA J. LAws U. S. District Court for District of Columbia, Washington I WARREN OLNEY, III Supreme Court Building, Wash­ ington 25, D. C. Adviser: EARL WARREN Chief Justice of the United States

AMERICAN STATUTORY LAW

BARTON H. KUHNS Chairman, First National Bank Building, Omaha 2 VINCENT P. BIUNNO State Capitol, Trenton, N. J. JAMES c. DEZENDORF Pacific Building, Portland 4

25 FORREST s. DRUMMOND 301 West First Street, Los Ange­ les 12 .ALBERT J. IfARNO Hastings College of Law, San Francisco 2

CORPORATE LAWS ANNOTATED

GEORGE c. SEWARD Chairman, 25 Broad Street, New York 4 LEONARD D. ADKINS 15 Broad Street, New York 4 WmTNEY CAMPBELL 134 Soutlt LaSalle Street, Chi­ cago 3 PAUL CARRINGTON Mercantile Bank Building, Dallas 1 RAY GARRETT 11 South LaSalle Street, Chicago 3

FEDERAL TAX PROCEDURE

DAVID w. RICHMOND Chairman, 1001 Connecticut Ave­ nue, Washington 6 BRADY 0. BRYSON 123 South Broad Street, Philadel- phia 9 LAURENCE F. CASEY 70 Pine Street, New York 5 H. BRIAN HOLLAND 50 Federal Street, Boston 10 BENJAMIN KAPLAN Law School, Harvard University, Cambridge 38 ROBERT J. McDONALD 48 Wall Street, New York 5 WILLIAM A. McSwAIN 38 South Dearborn Street, Chi- cago 3 MAURICE ROSENBERG Columbia Univesity, New York 27 R. CARLETON SHAl\RETI'S, JR. Munsey Building, Baltimore 2 STANLEY s. SURREY Law School, Harvard University, Cambridge 38

JOHN MARSHALL PAPERS

IRWIN s. RHODES Chairman, Union Central Build­ ing, Cincinnati 2 ROSCOE L. BARROW University of Cincinnati, College of Law, Cincinnati 2 DAVID BERGER City Hall Annex, Philadelphia 7 HUGH K. MARTIN U.S. Courthouse, Columbus 16 ERWIN c. SURRENCY Temple University School of Law, Philadelphia 22

26 PROCEDURES IN COMMITMENT AND DISCHARGE OF THE MENTALLY DISABLED STEPHEN s. CHANDLER Clwirman, U. S. District Court, Oklahoma City 1 DAVID L. BAZELO)l U.S. Court of Appeals, Washing­ ton l FRANK P. FosGATE 32 South-State Capitol, Madison 2 OLIVER SCHROEDER, JR. Western Reserve University, Cleveland 6 J. HOWARD ZIEMANN Superior Court, Pasadena

SPECIAL COUNSEL 0 ALLAN H. W. Htco1Ns Boston, Tax Counsel HoRACE DAWSON Chicago, Copyright liAEoLo L. REEvE Chicago, Corporation • Mr. :Higgins died in October 1959. The vacancy has been filled by H. Cecil Kilpatrick of Washington, D. C. in the Foundation year, 1959-1960.

27 CATALOG OF PUBLICATIONS AMERICAN BAR FOUNDATION

LAWYERS IN THE UNITED STATES: DISTRIBUTION AND INCOME

PART I: DISTRIBUTION A publication in tabular form of the results of the 1949, 1952 and 1955 statistical reports prepared by Martindale-Hubbell, Inc. for The Survey of the Legal Profession and the American Bar Foundation. (98p, $2.25, 1956)

PART II: INCOME A summary of data from selected govenunent publications and bar association surveys dealing with the income of lawyers. ( 38p, $1.50, 1!~58)

1958 DISTRIBUTION OF LAWYERS IN THE UNITED STATES A summary of data from selected government publications and bar association surveys dealing with the income of lawyers. (59p, $2.00, 1959)

UNAUTHORIZED PRACTICE SOURCE BOOK

PUBLICATION I A compilation of cases and commentary on unauthorized practice of the law in detailed outline form, case lists, index. (124p, $2.00, 1958)

THE ADMINISTRATION OF CRIMINAL JUSTICE IN THE UNITED STATES Plan for a survey to be conducted under the auspices of the Ameri­ can Bar Foundation. Prepared by Arthur H . Sherry, Project Director, in collaboration with John A. Pettis, Assistant Project Director. (197p, $2.00, 1955)

STATUTORY REQUIREMENTS FOR THE TEACHING OF UNITED STATES HISTORY ANI? THE PRINCIPLES OF THE UNITED STATES CONSTITUTION A survey of the specific statutes providing for instruction of these two subjects. ( 40p, $1.25, 1960)

AMERICAN BAR FOUNDATION ANNUAL REPORT 1954-1955 1955-1956 1956-1957 1957-1958 1958-1959 (available upon request)

28 "UTILE GREEN BOOK"

GRADUATE DEGREES IN LAW AND CURRENT LEGAL RESEARCH PROJECTS I Lists by subject unpublished theses and dissertations accepted by accredited American law schools during the indicated academic year and legal research projects in progress at the time of publication. No. 1 1954 $1.50 No. 2 (Supp. A) 1953-54 1954 $0.50 No. 3 (Supp. B) 1954-55 1955 $1.00 No. 4 {Supp. C) 1955-56 1957 $1.50 No. 5 1956-57 1958 $2.00 No. 6 1957-58 1959 $1.50 No. 7 1958-59 1960 $1.00

INDEXES No. 1 Index of Legislative Resolves of the American Bar Association 1937-1956 in the Annual Reports. Vols. 62-81. ($0.25, 1958) No. 2 Administrative Law Bulletin of Administrative Law Section of the American Bar Association: an index and table of cases. Vols. 1-9; January, 1947-July, 1957. . ( $0.25, 1957) No. 3 The Business Lawyer of the Section of Corporation, Banking and Business Law of the American Bar Association; an index to the Business Lawyer. Vols. 1-12; July, 1946-July, 1957. ( $0.25, 19.57) No. 4. American Bar Association, Section of Real Property, Probate, and Trust Law; index to publications of the Section, 1934- 1955. ($0.25, 1956)

REPRINTS FOR LAWYERS No. 1. LAW OFFICE MANAGEMENT, by Philip S. Habermann. (Reprinted from Wisconsin Bar Bulletin, June, 1956) .. $0.50 No. 2. PROFIT SHARING PLANS FOR SMALL CORPORA­ TIONS, by John A. Cardon. (Reprinted from Ohio Bar, June 25, 1956) ...... $0.50 No. 3. YOUR LEGAL FACTS: INFORMATION FOR YOUR ATTORNEY, by Louis A. Brown. (Reprinted from The Practical Lawyer, October, 1957) ...... $0.75 No. 4. JUSTICE FOR THE MENTALLY ILL, by Nicholas M. Kittrie. (Reprinted from the Journal of the American Judica- ture Society, August, 1957) ...... $0.25

29 No. 5. LIABILITY FROM THE USE OF SUBMITTED IDEAS by George J. Kuehn!. (Reprinted from The Business Lawy~r: November, 1957) ...... $0.50 No. 6. IMPLIED WARRANTIES OF QUALITY AND WHOLE­ SOMENESS IN THE SALE OF FOOD, by George J. Starke. (Reprinted from New York Law Journal, April 8, 9, 10, 1957) ...... $0.50

SERIAL PUBLICATIONS (Available upon requests) ,. RECENT ACQUISITIONS, quarterly publication of the Cromwell Library. COURT CONGESTION NEWSLETTER, monthly publication of Congestion in the Courts Project.

PUBLICATIONS AVAILABLE FROM OTHER DISTRIBUTOR CRIME, LAW AND SOCIAL SCIENCE, by Jerome Michael and Mortimer J. Adler (Xerox) (O.P. item by University Microf:llms) (531p, $16.45, 1933) (Available from University Microfilms, 333 orth First Street, Ann Arbor, Michigan ) SOURCES OF OUR LIBERTIES, by Richard L. Perry. (480p,$5.00,1959) (Available from Associated College Presses, New York University Press, Washington Square South, New York 3, New York)

RESEARCH MEMORANDUM SERIES (Available upon request) No. I. ADMISSION OF NONRESIDENT ATTORNEYS PRO HAC VICE IN STATE COURTS AND THE DISTRICT OF COLUMBIA. Project on Congestion in the Courts. (19p, 1958) No. 2. PREPAID LEGAL EXPENSE INSURANCE. Project on Unauthorized Practice of the Law. (8p, 1958) No. 3. MEMORANDUM ON LEGAL PROBLEMS IN THE EXPLORATION OF OUTER SPACE. Project on the Law of Outer Space. ( 16p, 1959) No. 4. OPINIONS OF THE A.B.A. COMMITTEE ON PROFES­ SIONAL ETHICS BEARING ON AN "ANNUAL LEGAL CHECK-UP" PLAN. (7p, 1959)

30 No. 5. INDUSTRIAL RELATIONS CONSULTANTS- UNAU- THORIZED PRACTICE OF LAW PROBLEMS. Project on 1 Unauthorized Practice of the Law. ( 4p, 1959) No. 6. SUPPLEMENT TO APPENDIX A OF CANONS OF PRO­ FESSIONAL AND JUDICIAL ETHICS-OPINIONS OF COMMITTEE ON PROFESSIONAL ETHICS AND GRIEVANCES, 1952 to June 1958. (25p, 1959) No. 7. SUPPLEMENT TO APPENDIX A OF CANONS OF PRO­ FESSIONAL AND JUDICIAL ETHICS-OPINIONS OF COMMITTEE ON PROFESSIONAL .ETHICS AND GRIEVANCES, 1958-1959. (lOp, 1959) No. 8. THE SELECTION OF JUDICIAL PERSONNEL-A HIS­ TORICAL VIEW. (lOp, 1958) No. 9. SUPPLEMENTARY MEMORANDUM ON PREPAID LEGAL EXPENSE INSURANCE. Project on Unauthorized Practice of t.1.e Law. (llp, 1960) No. 10. CONTINGENT FEES IN CLAIMS AND ACTIONS FOR PERSONAL INJURY AND WRONGFUL DEATH (RULE 4). (5p, 1956) No. 11. ECONOMIC SURVEYS OF THE LEGAL PROFESSION: WHAT DIRECTION SHOULD THEY TAKE? Prepared for the A.B.A. Special Committee on the Economics of Law Practice. ( 8p, 1958) No. 12. MINIMUM FEE SCHEDULES AND THE ANTITRUST LAWS: A PRELIMINARY ANALYSIS. Prepared for the · A.B .A. Special Committee on the Economics of Law Practice. (12p, 1958) No. 13. THE RATE OF INCREASE IN THE NUMBER OF LAWYERS AND POPULATION GROWTH. (7p, 1958) No. 14. A. LIST OF BOOKS FOR FOREIGN LAWYERS. B. LIST OF BOOKS FOR FOREIGN LAW LIBRARIES. (17p, 1959) No. 15. COMPILATION OF PUBLISHED STATISTICS ON LAW SCHOOL ENROLLMENTS AND ADMISSIONS TO THE BAR 1889-1957 (Preliminary Draft). ( 4p, 1958) No. 16. A LIST OF FOREIGN BAR ASSOCIATIONS. (lOp, 1960) No. 17. BIBLIOGRAPHY OF PERIODICALS IN THE CROM­ WELL LIBRARY. (23p, 1959)

31 MICROREPRODUCTION SERIES No. 1. ILLINOIS STATE BAR ASSOCIATION QUARTERLY BULLETIN. Vols. 1-20, 1912-1932. 16 microcards .. set $4.00 No. 2. CHICAGO BAR RECORD. Vols. 1-9, 1910-1926. 17 micro- cards ...... set $4.00 No. 3. OKLAHOMA STATE BAR JOURNAL. Vols. 1-10, 1930- 1939. 3 reels microfilm ...... set $20.00 No. 4. BENCH AND BAR OF MINNESOTA. 8 preliminary num­ bers, 1928-1930. Vols. 1-8, 1931-1940. 1 reel microfilm ...... set $2.00 No. 5. BENCH AND BAR OF MINNESOTA. Vols. 1-6, 1943-1949. 2 reels microfilm ...... set $15.00 No. 6. "HOOVER COMMISSION" TASK FORCE REPORT ON LEGAL SERVICES AND PROCEDURE. PART VI, AP­ PENDICES AND CHARTS. February, 1955. 24 microcards or 1 reel microfilm ...... set $3.00 No. 7. THE ALABAMA LAWYER. Vols. 1-11, 1940-1950. 3 reels microfilm...... set $30. 00 No. 8. LOS ANGELES BAR BULLETIN. Vols. 1-26, 1925-1950. 5 reels microfilm ...... set $75.00 (Payment for this set may be made by installments. Please let us know about the schedule that is most suitable for your library.) Order all publications (with the exception of the two listed on page 30) from: CROMWELL LIBRARY AMERICAN BAR FOUNDATION 1155 East Sixtieth Street Chicago 37, Illinois Please make checks payable to American Bar Foundation.

32