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·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.