The American Law Institute. ’

Minutes of the Sixtieth Meeting of the Council. - February 21-23, 1940.

The Council convened in the Trial Room at the House of the Association of the Bar of the City of New York, at ten o’clock on Wednesday morning, February 21, 1940. T’he Presi- dent, George Wharton Pepper, presided. The Director, VVilliam Draper Lewis, was Secretary of the meeting.

Present: George E. Alter Walt& P. Armstrong John G. Buchanan Robert G. Dodge George Donworth Frederick F. Faville Garrard Glenn William Browne Hale Augustus N. Hand William V. Hodges Charles McH. Howard Joseph C. Hutcheson, Jr. Monte M. Lenlann Henry T. Lunmus Orrin K. McMurray George Welwood Murray George Wharton Pepper Orie L. Phillips Marvin B. Rosenberry Henry Upson Sims Thomas Day Thacher Edgar Bronson Tolman Cornelius W. Wickersha~~l Also William Draper Lewis, Director Herbert F. Goodrich, Adviser on Professional Relations GO&--Council 2

John Hanna, Reporter for Security Richard R. Powell, Reporter for Property ( I) A. James Casner, Associate Reporter for Prop- erty (I) Oliver S. Rundell, Reporter for Property (2) Edmund i\I. Morgan, Reporter for Code of Evi- dence John Barker Waite, Reporter for Acts Criminal J us tice-Youth ; Youth Correction Authority Act and Youth Court Act

The President, Mr. Pepper, extended a hearty greeting to . all the members. The minutes of the Fifty-eighth and Fifty-ninth meetings of the Council, held BIay IO and 13, 1939, were approved. The Treasurer, Mr. Murray, read the financial statement for the month of January. This report, which follows, was accepted and ordered to be placed on file. GOth-Council 3

TREASURER’S REPORT. January, 1940.

Receipts. Current Previous Total General Budget: Balance reported Dec. 31, 1939 ...... $3862.84 $3,862.84 “Security” Account : Balance reported Dec. 31, 1939 ...... 17,358.03 17,358.03 Code of Evidence Account: Balance reported Dec. 31, 1939 ...... 5,061.03 5,061.03 Annotations Assistance : Balance reported Dec. 31, 1939 ...... 1,118.70 1,118.70 Ernst Rabel Fund: Balance reported Dec. 31, 1939 ...... 1,331.51 1,331.51 Criminal Justice-Youth Acct. : Balance reported Dec. 31, 1939 ...... 7,926.10 ...... Donation from Chauncey Still- man to Personal Relations . . $100.00 ...... 8,026.10

Total Receipts ...... $36,758 21.

Payments. General Budget ...... $2,523.11 “Security” Account ...... 1,237.71 Code of Evidence Account ...... 1,082.42 Annotations Assistance ...... 463.40 Ernst Rabel Fund ...... 208.33 Criminal Justice-Youth Account ...... 2,696.50 8,211.47

Balance, Jan. 31, 1940 ...... $28,546.74

Assets. General Budget ...... $ 1,339.73 “Security” Account ...... 16,120.32 Code of Evidence Account ...... 3,978.61 Annotations Assistance ...... 655.30 Ernst Rabel Fund ...... lJ23.18 Criminal Justice-Youth Account ...... 5,329.60

Total Assets ...... l . l . l . . $28,546.74 Liabilities-None. BOth-Council 4

The following report of the Revolving Fund for the Sale of Drafts is founded on the monthly statement from the Manager of that Fund to the Treasurer:

REVOLVING FUND FOR SALE OF DRAFTS ACCOUNT. Receipts. Total Cash Balance, Dec. 31, 1939 ...... $733.56 Cash received for Drafts ...... 64.52 Code of Criminal Procedure ...... 14.10 Administration of Criminal Law ...... 4.85 Volume IV Appendix ...... 3.00 Federal Court Report ...... 5.00 $825.03 Payments. Postage and Expressage ...... $ 2.76 Notary Fees ...... 1.15 Clerical Assistance ...... 13.65

$ 17.56 Cash in Bank, The Pennsylvania Company ...... 807.47 $8.2503

GEO. WELWOOD MURRAY, Treasurer. Dated, February 15, 1940. GUth-Council 5

IN MEMORIAM. EMn/IETT N. PARKER. The Honorable Emmett N. Parker, a member of your Council from the organization meeting in 1923 until his resignation on account of ill health in 1938, died on the eighth of last December. At your meeting on May I I, I@, on the occasion of his resignation from your body you adopted the following Minute: “The Council have learned \with regret that their associate, the Honorable Emmett N. Parker, of Tacoma, Washington, on account of the condition of his health feels obliged to resign. We accept his resignation with great regret. “Judge Parker was a member of the Municipal Court of Tacoma from x8go-gz ; Judge of the Superior Court, Pierce County, Washington, 18g3-g7 ; Judge of the Supreme Court of Washington from 1909-33. In IgzI-22 he oc- cupied the position of Chief Justice. “On the organization of the Institute in 1923, Judge Parker was unanimously elected as a member of this Coun- cil being re-elected at the expiration of his first term in 1932. Constant in his attendance at our meetings, for many years he took an active part in our deliberations. We learned to rely on his judgment in questions pertaining to the Restatement. He was especially interested and most helpful in our discussions of the sections of our Code of Criminal Procedure. We desire to record here our appreciation of his services, and also the fact that we shall greatly miss our personal association with him. The Direc- tor is hereby requested to communicate this Minute to him and to send him our best wishes.” To what is said in this Minute, I desire here to add for myself that the close association with him for many years gave me a sincere admiration, which I am sure all those of you who came in contact with him, when he was a member of this Council, shared, for his ability as a lawyer, his high character, and for what we may call his sympathetic friendliness. 60th---Council 6

Judge Donworth offered the following minute, which was adopted:

Rcsollrfiorl No. 1@6. Otl motion, tluly seconded, Recording with profound regret the death on Decem- ber 8, 1939, of Judge Emmett N. Parker, of Tacoma, Washington, a former member of the Council of the Amer- ican Law Institute, the members of the Council renew the sentiments of appreciation and regarcl adopted bv the Coun- cil at the time of his resignation in the year 19381 expressing their admiration of his character and their recognition of his eminent qualities as a citizen, a lawyer and a judge. His outstanding service to the profession of the law in everv duty that came to him was marked bv able, con- scieitious and unselfish devotion to the hi&es; ideals. Accordingly it is ordered that this memorial resolution* be entered in the minutes of the Council and that a copy be transmitted to the bereaved family.

PART I. DONATION FROM THE CARNEGIE CORPORATIOX I am glad to be able to report to you that our President received from Robert M. Lester, Secretary of the Carnegie Corporation, a letter dated February 3, 1940, as follows : “I am glad to be able to tell you that, at a meeting of the Trustees of the Corporation held February I, the following resolutions were adopted :

“I. RESOLVED, That, pursuant to Resolution B I I 18 and from the balance available for appropriation, the sum of sixty-five thousand dollars ($65,000) be, and it hereby is, appropriated to the AMERICAN LAW INSTI- TUTE, for support, previously aided under Resolution B 1436.

“z. RESOLVED, That, from the balance available for appropriation, the sum of thirty thousand dollars ($30,000) be, and it hereby is, appropriated to the AMERICAN LAW INSTITUTE, for support, previously aided under Resolution B1665. GOth-Council 7

“It is our understanding that this grant of $30,000 makes possible the study of judgments.< “Our Treasurer is being authorized to make payments as follows: I 2 February 7, 1940 ...... $12,500 $5,000 May I, 1940 ...... 12,p 5,000 August I, Ig4o ...... 10,ooo 5,000 November I, Ig4o ...... 10,ooo 5,000 February I, Ig4I ...... I OTOOO 5,000 May I, xg4I ...... 10,000 5,000.”

The respective amounts designated in the first and second resolutions are the amounts stated by LIS to be sufficient to enable us to continue the central organization of the Institute until June -30, 1941, and to enable us to undertake and complete a Restate- ment of the Law of Judgments. In view of this generous action on the part of the Corporation you will doubtless wish to adopt a resolution expressing your appreciation. The donation makes possible the continuation of organization in the manner on which it has been conducted for the past seventeen years until June 30, 1941, besides enabling us to undertake and complete the Re- statement of the Law of Judgments. There is no other subject of importance more in need of clarification.

Resoh tion No. 1387. On motion, duly seconded,

RESOLVED: We desire to express to the President and Trustees of the Carnegie Corporation our appreciation of their very generous and most helpful action in making additional appropriations in aid of the work of the Institute. GOtli-Council 8

Pi\RT II. SUN3fARY OF WORK DONE SINCE YOUR NEETING IN &lAY, 1939.

A. Excczr tive lV,,/,. Since your meeting in Washington last year your Executive Committee has had four meetings. Apart from matters pertaining to a possible further grant from the Carnegie Corpora- tion, the most important matter dealt with by your Committee was the reorganization of the force in my office. Our restricted funds obliged us on July Ist, last, to reduce that force to two full-time persons, Mrs. Louise C. Peters and Mrs. Eleanor C. Humphrys. Mrs. Dorothy C. Brooks is retained for part-time work, principally, as far as my office is concerned, for work in connection with the lists of members and matters pertaining to the Annual Meeting. She also does the necessary correction for uniformity of citations on the manuscripts of State Annota- tions. We were all sorry to have to lose the services of Nfiss Anna 14. Judge. She had held the position of my executive secretary from the organization of my office in the fall of 1923. You all knerv her executive ability and tact through correspondence with my office and also through meeting her at Council and Annual Meetings. The reduction of the stenographic force by the loss of Miss Dorothy V. Semple, who had been with us for nearly eleven years, has thrown on Mrs. Peters and Mrs. Humphrys, in view of the number of conferences and the increasing volume of the Institute’s correspondence, a very great amount of work- so great, indeed, that I have been obliged to call in occasionally typing assistants. So far, however, the work as a whole has not suffered. B. Gefzcral List of Conferences Held. Here I submitted a table of conferences held showing eighteen conferences held totaling sixty-two days.

C. Property. Richard R. Powell, the Reporter for Property Group (I>, worked from last March until well into the fall on the revision of the Tentative Drafts of Property Nos. 7, 9 and I I, plus the GOth-Council 9

Chapter on Expectancies which appeared in Tentative Draft No. 4. In the revision of the Chapters in these drafts on Class Gifts, he had the assistance of A. James Casner, the Reporter for this Chapter. The revision was considered by Property Group ( I) at conferences in New York, December z-4, and in Chicago, December 30. As amended and approved, the revision is submitted to you by the group as a proposed final draft of all the material in Property Volume III, except the final Chapter on Powers. The Chapter on Powers was finally approved and ordered printed by the Annual Meeting in 1938. It has been printed and circulated in a separate pamphlet. Its proper place, however, in the official edition of the Restatement is the con- cluding Chapter of the proposed Restatement of Property, Volume III. This volume will therefore as published cover the remainder of the Division relating to Future Interests, one of the most important and largest Divisions in the Law of Property. Oliver S. Rundell, the Reporter for Property Group (2)) completed a revision of Property Tentative Drafts Nos. 8, IO and 12. This revision was submitted to a conference of Group (2) held in Chicago on January 26 and 27. As approved by the group it is submitted for your consideration as a proposed final draft of the Restatement of the Law of Easements in the Division Servitudes, the word “easements” being used as covering what has been usually spoken of as “easements and profits.” The longer phrase was changed because there is no difference in the United States between the law pertaining to Easements and to that pertaining to so-called Profits. Both in the proposed final draft are treated as easements. Futwc of the Work ofa Prop&y: Should the Annual Meet- ing next ni1ay approve the Proposed Final Drafts which you will submit to them all the work on the Restatement of Prop- erty so far undertaken by us will be completed. As stated, Property, Volume 3, which we plan to publish in the fall, will deal exclusively with Future Interests, if we may include in that term the Chapter on Powers, and will conclude that division of the subject. In any orderly sequence of the presentation of the Law of Property this third volume should be followed by a Restatement of the Law relating to the Rule Against Perpetuities, Rule C;Oth--Council 10

&ainst Accumulations and other restrictions based on social considerations. This fourth volume should, in turn, be followed by a fifth dealing with Servitudes, of which the work completed by Property (Group 3) on Easements and Licenses is the first half. To publish the Sections on Easements and Licenses, about 2 14 pages at the end of Volume 3, would permanently disar- range the orderly presentation of the Restatement of Property. We may do as we did when confronted with a somewhat similar situation on the completion in May, 1938, of the Chapter on Powers and make the Sections available to the public by issuing paper-bound copies of these Sections on Easements and Licenses. This is not a very satisfactory expedient even as a temporary one. The truth is that we must now face the problem of con+ pleting the Restatement of Propertv in a proper manner. The Trustees of the Carnegie Corporition did not feel that they could undertake to co-operate with us at the present time in Inore than one piece of further Restatement work. The cost of preparing drafts for your consideration of a Restatement of the Rule Against Perpetuities would be approximately $20,000 and that of Covenants Running With the Land, and the remaining division of Servitudes, would cost approximately $10,000. ‘!‘he cost of other Chapters relating to restrictions based on social considerations ~vhich should follow that on the Rule i\gainst I-‘erpctuities in Volume 4, has not yet been sufficiently and carefully investigated to venture a statement as to the mm- lxx- of pages and the work involved. I have little doubt that we will not find some solution for the proper completion of this Restatement of Property. We have all put too nd~ of ourselves in the Restatement work to permit a Restatement of that Subject which will omit matters of first importance.

D. Work ott Model Acts Pert&ing fo Crinkal Justice-Youth. The group working in the field of Criminal Justice-Youth submits for your consideration drafts of two proposed model acts, one, a Youth Correction Authority Act of state-wide jurisdiction, and the other, a model act creating a youth court for large urban and metropolitan centers. The Youth Court Act 60th-Council II as drafted is for adoption in those states which adopt the Youth Correction Authority Act. This work on Criminal Justice-Youth has, as you are aware, been going forward for almost two years. Its inception was the result of action taken by your Executive Committee at their meeting on October 13, 1937. The members of the Council had had the opportunity of reading the volume by Leonard V. Harrison and the late Pryor McN. Grant entitled ‘;‘Youth in the Toils.” It is, as those of you who have examined it know, a well-written and interesting account of the existing administration of criminal justice in New York City as it affects young persons between the ages of sixteen and twenty-one. It shows, as other similar research studies of conditions in other states show, that existing methods of dealing with young persons accused of crime not only fail to check crime among youth, but also are in themselves a potent factor in its increase. Impressed with the serious nature of this failure of our existing system to work, your Executive Committee adopted the following resolution :

“Resolved : ( I) The President is given authority to appoint a committee of such members as the President and the Director may determine, composed of lawyers and persons of special experience in the field of social sciences, to examine the report of the study made under the auspices of the Delinquency Committee of the Boys Bureau of the Charity Organization Society and the Association for Im- proving the Conditions of the Poor, the report being designated “Youth in the Toils,” as well as any other pertinent matters, with a view to formulating general principles which should underlie specific proposals for “ (a) reform of existing rules of substantive law applicable to young persons ; “ (b) any plan for the ascertainment of the guilt or inno- cence of such young persons charged with a breach of the law ; “ (c) the treatment of those convicted.”

The members of the Committee appointed pursuant to this resolution were Joseph H. I3eale, Professor of Law at Harvard t 9t* i:I CiOtli-Council I’)Ia

Universitv ; Sheldon Glueck, Professor of Law at Harvard Uni- versity ; Tjoctor William Healy, Director of the Judge Baker Guidance Center, Boston ; William E. Mikell, Professor of Law at the University of Pennsylvania; Timothy N. Pfeiffer, Attor- ney-at-law and President of the National Probation Associa- tion ; Charles Poletti, former Justice of Court of Appeals of New York, now Lieutenant Governor; Thorsten Sellin, Pro- fessor of Sociology, University of Pennsylvania ; Horace Stern, Justice of the Supreme Court of Pennsylvania; Edwin H. Sutherland, Professor of Sociology, University of Indiana ; Joseph X Ulman, Judge. of the Supreme Bench of Baltimore City ; John Barker Waite, Professor of Law at the University of Michigan; and Doctor Max Winsor, a psychiatrist in New York City. The report of this Committee, dated February 12, 1938, is notable. not only for the importnace of its definite recommendations, but also for its statement of the general principles which, in the words of the resolution appointing them, “should underlie specific proposals” for the reform of existing methods for the treatment of youths from arrest to final discharge. As stated in the report, these general principles are : The objective of criminal justice should be the protection of society ; The treatment of a conden~ned youth should take into account his characteristics and other causal factors of his conduct and should not depend on the crime of which lie is guilty ; This treatment should be directed primarily to the correction of his anti-social tendencies and he should . be kept under control until it is reasonably certain that he is cured of these tendencies.” Applying these principles, the Committee states : “We believe also that

. ‘ 4 “ ( I) Retributive punishment as a method of dealing with criminals is not sufficiently effective for the proper . protection of society. “ 0 The punitive method has in fact already largely given place to practices based on other ideas. GOth-Council 13

“( 3) nlethods of treatment based on the characteristics of the offender and other causal factors of his conduct can and should be devised. ‘We recognize that at present the instrumentalities based on a correctional philosophy are misinterpreted and mingled with others based on a vindictive-punitive philosophy, and that a better system should supply a consistent theory of correction. Such a theory, moreover, should be given expression in every step in the procedure from de- tention to ultimate release. At present contradictory theories lead to inconsistent practices even in a single case.” They further state, among other things, that : “(I) It is highly desirable to give systematic expression to the principles embodied in the various laws and administrative proceedings ~&ich evidence the present drift away from punislmcnt as the basic method of protecting society. “(2) If the identity of potentially anti-social persons can - be determined in their youth and if oficials delegated to deal with such persons zre permitted a wide variety in methods of treatment, instead of being limited to the one method of punishment, it will be possible in an increasing proportion of cases to render those persons no longer dangerous.” The report concluded with the specific recommendation that the “Institute undertake the drafting of appropriate legislation I-elating to offenders under twenty-one years of age and not ivithin the jurisdiction of existing Juvenile Courts, such legislation to cover all proceedings from the moment of arrest.” ,4t the time of vour consideration of this report in Feb- ruary, 1938, there IGere no funds applicable to carry on the project recommended and you were without knowledge of the time and cost involved. All that could be done at that time you did by adopting a resolution thankin g the Coniniittee, expressing sympathetic interest in their recommendations, and requesting your Executive Committee to consider what if anv definite recommendations they could make in respect to the pi-oposed work. In the following April, I submitted to your Executive Con+ mittee a plan of work to carry out the recommendations con- GOth-Council 14 tained in the report of vour ~Mvisory Committee. I estimated the cost at $32,650 an~~ the time required as two years. We had at that time a special donation sufficient to carry on the work to test the prncticabilitvd of the plan submitted during the remainder of the spring and summer. As necessary funds to complete the worl< were shortly thereafter donated, the work has been going forward ever since. The plan of work adopted does not cliff er from that emDloyed in our other work. The drafts now submitted for youi consideration are the result of fourteen conferences of the@ Reporter and his Advisers. Last fall as a result of the conference of the Reporter and the Advisers, held in September, a draft of the Youth Correc- tional Authority Act, known as Draft No. 19, was produced. This draft was sent to a list of over two hundred selected consultants with a request that they let US have the benefit of their criticisms and suggestions. Nearly all of those asked sent in written replies, many of which were very helpful, showing a mastery of the subject of the problems involvecl and often making concrete constructive suggestions. The general trend of these replies from a cross-section of persons of experience deeply interested in the subject of the draft showed the great majority to be, not only in sympathy with the principles on which the act is drafted, but also with the definite plan embodied in the proposed act. The replies were digested and compiled, the compilation bein,m considered at a conference of the Reporter and his Advisers on Janunrvd 12-14. A very considerable number of the suggestions made were adopted, the draft now submitted being based on Draft Xo. 19 as amended at that conference. I have presided at all the conferences of the group. To me it has been a most interesting and instructive experience. In view of the unanimity of the baeneral principle on which the Youth Correction Authoritv Act dealing with the sentencing and treatment of youth sho;ld be drafted, it may be asked why was it necessary to have the large number of conferences over many successive drafts. As an explanation I refer you to what is said by your Advisory Committee in their report of February 12, 193s. In speaking of some of the questions which would have to be considered by the draftsmen of the Act dealing with youth after conviction thevd said: . GOth-Council 15

“Among the more important of these questions are : The composition and character of the treatmeat- determining part of the court. The limitations, if any, upon the discretion of the treatment-determining part of the court. The special provisions, if any, which should be made regarding youths charged with offenses such as mur- der, robbery, etc., on the one hand and those charged with petty offenses on the other. Mow can continued protection against persons who pass the age of twenty-on,F best be secured when such protection is found to be socially desirable? Should the act be state-wide or confilled to particular localities such as nietropo!itan or large city areas? What facilities for treatment should be established bv the legislation and ill whom should the control theredf be vested ?” The Act submltteti lor your conslticratlon glvcs spcc~~~ answers to all these questions. At the earlier conferences considerable cliff erences were expressed although at no time did these differences represent divergencies of views between the legal nmnbers of the group as such and the non-legal members. The fact that the answers given in the proposed draft in every case now express the unanimous opinion of the members of the group is perhaps the best evidence we have of the soundness of the Institute’s group method of developin,u statements of present or proposed law through repeated conferences of a group selected solely for their ability and their interest in and knowledge of the subject under consideration. In our work it has become a truism which the results of this present work reconfirm, that if we select a group of able experts of varying experiences, given time, they will come to unanimous or almost unanimous conclusions as to the right way to solve the most difficult problems with which they are confronted. There is one feature of the Youth Correction Authority Act to which I wish to specifically refer. Sections 4 to IO are prefaced by a note reading as follows : tiOtli---Council 16

“These Sections deal wit 1 the organization of the Au- thori ty. They represent the opinion of the draftsmen as to what they believe to be tl- e most effective organization for most states. It is recognized, however, that local conditions may make considerable modifications in the form of organization here suggested desirable. It is even con- ceivable that in some states the -iuthority could be made an integral part of state agencies already in existence.”

I do not wish to minimize the importance of these Sections. The group properly spent a large amount of time over them, but this Act is a “Model Act.” Prior to any interested group in a state presenting it to the legislature these Sections must be adapted to local conditions in order that the number of members of the Authority, their selection, terms of office, etc., in view of local conditions, may be best fitted to carry out in operation the object of the legislation. From the Institute’s point of view the important Sections are those that express the underlying principle of the Act and those which answer the questions referred to in the report of the Advisory Committee and other similar questions. In referring in considerable detail to the history of the draft of the Youth Correction Authority Act, I do not wish to minimize the importance of the Youth Court Act submitted, even though that Act as drafted is local not state-wide in its application suitable for adoption only in states adopting the Youth Correction Authority Act. The results of the researches embodied in the volume entitled “Youth in the Toils,” to which I have already referred, show that, at least in our larger cities (and one can have little doubt in smaller urban areas also), the arrested youth, whether innocent or guilty of the crime with which he is charged, is exposed to conditions deteriorating to his moral character. In the words of the report of your Ad- visory Committee “Innocent youth is not infrequently arrested, subjected to detrimental newspaper publicity, to degrading treatment, to morally injurious association with vicious prison mates, and to other influences tending to break down self-respect, destroy moral fibre, and encourage bitterness and hostility toward society. Guilty youths, too, may be made more difficult to deal with, less amenable to correction by these influences to 6Oth-Council 17 which they are subjected while awaiting determination of their guilt.” The Youth Court Act submitted is an attempt to reduce to a minimum these conditions in urban centers. It is in such centers that the evils which it is desired to reduce chiefly exist. Realizing that it was important to arouse a general public interest in the work we are doing in the Criminal Justice-Youth field, at your meeting last February you approved a temporary arrangement with the Raymond Rich Associates, a firm of public relation counsel confined to advising associations not en- gaged in business for profit which has been continued by your Executive Committee. Mr. Hal W. Hazelrigg, one of the partners, has been appointed Assistant Adviser on Professional Relations. Mr. Goodrich in his report gives an interesting account of the educational work being done. As you will see from Part IV of my present Report, the cost of the work is being met by special donations made for the purpose, the total expenditures being strictly limited to the total of the donations received. IL Work on The Code of Evidcncc. The group in charge of this work has made even better progress than we anticipated. Council Drafts Nos. I and 2, which they now submit for your consideration, cover all Rules which the)7 intend to suggest relating to witnesses. It is hardly possible that the group will be able to submit a year from now a draft of the remaining Rules of Evidence which they will pro- pose but we can reasonably count on having them submit to your meeting next February the greater part. There is evidence of an increasing professional interest in this important work. Nevertheless :, as the ultimate adoption of the Rules which will be finally promulgated by the Institute will depend on their approval by the profession and its active interest in their adoption, it is important that we take all proper steps to arouse that interest while the work is in progress. As a first step to this end, I am sending to a selected list of persons known to have special knowledge of the subject copies of the two drafts submitted to your meeting with the request that they send me for transfer to the Reporter and his Advisers their criticisms and suggestions. Our experience with a similar distribution of a draft of the Youth Correction Authority Act bvarraiits us in believing that we shall receive not only helpful comments, but that these Consultants will in many instances be active in spreading interest in our work among the members of the profession. Of course, I am not unmindful of the fact that the ulti- niatc adoption by legislatures and, where it is considered legally possible and desirable, by rule of Court also depends on general pul>lic interest. As, however, we do not anticipate the conipletion and final publication of the Code before 1943, that matter can be postponed for the present. Your Executive Committee has already adopted a budget for this Evidence work during the current year. At present, there is no need for its amendment. It is a satisfaction to add that the fund of $40,000 donated for the work by the Carnegie Corporation last January is proving, as was anticipated, sufi- cient for the proper conipletion of the work.

F. Security. Nf r. Hanna and his Advisers are submitting for your con- sidoration Preliminary Draft -34 which contains # additional Sections relating to the division of Suretyship. The Reporter also submits a large number of Explanatory Notes dealing with the case authorities. I had these Explanatory Notes duplicated in tile of& and a typewritten copy for each of your members which will be available at your meeting. I did not have these Xotcs printed at the present tiiiic because I was in hopes that the volunic of these Explanatory Notes niiglit be somewhat reduced without any loss of important matter before they were printed to accompany the draft which will be sent to the Annual Meeting. As you will realize from the explanation given pres- ently, it is important to avoid spending any of our remaining funds applicable to the subject of Security where the expendi- ture is not absolutely necessary. The amount of work remaining to complete the division, Security, on which we have been working for approximately eighteen months is about equal to the amount done during the past twelve months, approximately 4; Sections. I see no reason why with the proper number of conferences this matter cannot be completed by the group before the thirty-first of next December. It is important that the work be done within the 6Oth-Council 19 time indicated. 1Mr. Hanna has generously offered to do any additional work necessary after December 31 next without expense to the Institute, but it is better both for him and for us, that only such matters as work in connection with Sections changed by you at your meeting in 1941 or by the Annual Meeting in the following May, the proofreading of the official volume and the index remain for him to do in 1941. I mention here the foregoing matters because of our understanding with the Carnegie Corporation when they made the special grant of $75,000 for the work on Security. This understanding was that while it might be, as it has proved to be, impossible for us to do with this appropriation all the divisions which would naturally be included in the subject, Security, we would not begin work on any division which we could not complete within the appropriation. The following is a statement of the account should the budget recommended in Part VI of this report be adopted:

Balance on hand, January I, 1940 $17,358*03 Estimated expenditures January I to Decem- ber 31, 1940 15Y97P0

Estimated balance January I, 194r $ 1 Y383.03

If our present plans are carried out, on the adjournment of the Annual Meeting in 1941 we shall have completed the Re- statements of Pledges, Liens, and Suretyship. A complete Restatement of Security would include Chattel and Real Estate Mortgages. It is earnestly to be desired that we shall secure the necessary funds to do these divisions, though of course the work on them would not begin until after work on the division Suretyship is completed. ciOth---Council 20

PART III. GENERAL BUDGET. In view of the action of the Carnegie Corporation, the available assets applicable to the General Budget for 1940 are : Balance in account, January I, 1940 $ 3,862.54 Available transfer from Criminal Justice, Unallocable Expenses 750*~ Available transfer from Criminal Justice, Stenographic Assistance 400.00 Available transfer from Evidence, Stenographic Assistance 600.00 Available transfer from Security, Stenographic Assistance 300.00 Available transfer from Judgments, Stenographic Assistance 600.00 Carnegie Corporation donations of Feb- ruary I, 1940, payable in 1940 to- wards General Account 4 5,000 @I, jI2.84 My estimate of the expenses for I$+0 is as follows I

January I to June 30 $29,925*3 1 July I to December 31 14,625.oo 44,550*3I Should these expenditures be incurred, our available assets on January I, 1941, to meet the expenses of the period January I to June 30, 1941, will be

Balance in account, January I, 1941 $ 6,96q3 Balance of Carnegie Corporation donation of Feb- ruary I, 1940, payable in 1941 20,000.00 Available transfer from Evidence, Stenographic Assistance 400.00 Available transfer from Judgments, Stenographic and Unallocable Expenses 600.00

Total available assets, x941 $27,962*53 GOth-Council 21

Our expenses during that period will be approximately the same as our expenses during the first six months of this year less the expenses in connection with the present work on Property, that is, $2g,925.31 less $2,970.31, or $26,955. I here submitted a statement of the General Budget for the period January I-February 29 as adopted by your Executive Committee in December, and amended by them at their meeting in January, setting forth the allotments, expenditures, and balances as of February 15, and also showing the estimated expenditures to June 30, 1940, with the additions needed to increase the allotments to meet the expenditures to June 30.

Rcsolzttiolz No. 1388. On motion, duly seconded,

RESOLVED : The current General Budget,-as amended at ’ .’ this meeting, is hereby approved and adopted.

Rcsolutiolt No. I$$. On motion? duly seconded,

RESOLVED : The followin g sums are hereby allotted and appropriated to the respective items in the General Budget, and the Treasurer is authorized to make payments accordingly : Item “Office Furniture and Equipment” $ 50.00 Item “Audit of Treasurer’s Accounts” 175.00 Item “Council and Executive Committee, Print- ing” 4 50.00 Item “Council and Executive Committee, Traveling” 5,200.oo Item “Annual Meeting, Expenses of Judges” 4,ooo.oo Item “Printing” 525.00 Item “Traveling” 780.00 Item “h/liscellaneous” 650.00 Item “Property (I), Printing” 600.00 Item “Property (2)) Printing” 240.00 Item “Property, Index” 300.00

i1% 970.00 GOtli-Coutlcil 23.4

Resolution AJo. 1390. On mot ion, duly seconded,

RESOLVED : The following additional sums are hereby allotted and appropriated to the respective items in the General Budget, and the Treasurer is authorized to make payments accordingly : - Item “Salary of Director” $5,ooo.oo Item ‘5 tenographic Assistance” 1,g00.00 Item “Salary of Adviser” I ,666.68 Item “Stenographic Assistant to Adviser” 2jo.00 I tern “Miscellaneous Office Expenses” 400.00 I tern “Telephone and Telegrams” IjO. Item “Printing” 125.00 Item “Traveling” 7500 Item “Annual tixeeting, Stenographic Assistance” 7j0.00 Item “Propertv ( I), Salary of Reporter” 444*44 Item “Proper& ( I ) , Stenographic Assistance” 133-34 Item “Propert; (z), Salary of Reporter” 200.00 Item “Prop& (2)) Stenographic Assistance” 79%

Resolution No. 1391. On motion, duly seconded,

RESOLVED: The sum of $25 will lapse in the allotment to the item “Property (z), Traveling” in the General Budget.. ? Resolu tiorz No. 129~. On motion, duly seconded,

RESOLVED: Herbert F. Goodrich is appointed Adviser on Professional Relations from March I to June 30, 1940, at a salary of $1666.68. The payments are appropriated from and shall be charged against the allotment in the General Budget to the item “Salary of Adviser.”

Resohtion No. 1393. On motion, duly seconded,

RESOLVED: The Director is authorized to draw, and the Treasurer to pay, to Louise C. Peters, to June 30, 1940, warrants for sums sufficient to keep the petty cash GOth-Council 23

account in the executive office from falling below $200. With each warrant drawn there shall be submitted to the Treasurer a statement of the expenditures under the previous warrant. These payments are appropriated from and shall be charged against the allotment in the General Budget to the item “Miscellantzous Office Expenses.”

Xcsolartion No. r39+ On motion, duly seconded,

RESOLVED : The Eighteenth Annual Meeting of the Institute shall be held at the Mayflower Hotel, Washington, D. C., on May 16, 17 and 18, 1930, instead of May 9, IO and I I, as originally scheduled, and the Director is authorized to proceed with the necessary arrangements.

RESOLVED : ( I ) The railroad and Pullnlan fares from their respective places of residmcc to Washington and re- turn shall be paid to the Senior Judges of each United States Circuit Court of Appeals and the Chief Justice of the highest court of each state who shall attend the Eighteenth Annual Meeting of the Institute ; these expenses are appropriated from and shall be charged against the allotment in the General Budget to the item “Annual Meeting, Ex- penses of Judges.” (2) Where the Senior Judge or Chief Justice designated in paragraph ( \I) is uliable to attend he shall be requested to designate another member of his court to represent him. The railroad and Pullman fares of persons so designated shall be paid in the manner provided in paragraph (I)*

Rcsolu tion No. 1396. On motion, duly seconded,

RESOLVED : The President shall have power to invite a limited number of persons not nlembers of the Institute to attend the Eighteenth Annual Meeting, and a resolution on our behalf shall be moved at the meeting to grant to such guests the privileges of the floor and the right to take C>art in the discussions. 60th--Coutlcil 24

Raolutiou ?do. 1~97. On nwtionY duly seconded, RESOLVED: The Director is authorized to pay an honorarium of $250 to Louise C. Peters for the stenographic report of the discussions at the Eighteenth Annual &Ieeting of the Institute. The payment is appropriated from and shall be charged against the allotment in the General Budget to the item “~\nnual Meeting, Stenographic Assistance.”

Rcsohtion ATo. 1398. On motion, dulvJ seconded, RESOLVED: The Director is authorized to arrange with Richard R. Powell for work on the revision of his Division of the,‘Restatement of Property, at a salary of $444.44 from &f arch I to June 30, 1940. The payments are appropriated from and shall be charged against the allotment in the General Budget to the item “Property ( I), Salary of Re- porter.”

Resolution No. 1399. On motion7 duly seconded, RESOLVED: The Director is authorized to arrange with Oliver S. Rundell for work on the revision of his Division of the Restatement of Property, at a salary of $200 from bfarch I to June 30, 1940. The payments are appropriated from ancl shall be charged against the allotment in the General Budget to the item “Property (2), Salary of Re- porter.”

Resotzttiorl No. rpo. On motion, duly seconded, RESOLVED : We authorize the Director to arrange for the preparation of the index to the official Restatement of Property, Volume III, and to pay for this work a sum not exceeding $300. The payment is appropriated from and shall be charged against the allotment in the General Budget to the item “Property, Index.”

PART IV. CRIMINAL JUSTICE-YOUTH BUDGET. I here submitted a statement of the Criminal Justice-Youth Budget for the period January I-February 29 as adopted by your Executive Committee in December, setting forth the allot- 60th-Council 25 ments, expenditures and balances as of February 15, and also showing the estimated expenditures to June 30, 1940, with the additions needed to increase the allotments to meet the expenditures to June 30.

Assets Available, 1940, for All Ex/wnditures Except Those Designated Profcssiolzal Relations.

January I, 1940, cash balance $5,%7*60 Subscription of Samuel S. Fels Fund payable on call ~,000.00

Total assets, 1940 $10,6~7.60 Total allotments in suggested budget for period January I to June 30, 1940 6,ooo.oo

Estimated balance, June 30, I940 $4,657*60

The estimated balance on June 30, next, may be reduced by necessary further increase in allotments, especially in the allotment to item “Printing,” by action of your Executive Committee.

Assets Available 1940 for Expenditums Clwgea~le to Item “Professional Relations?

January I, 1940, cash balance in item $2,268.50 January I-February I 5, 1 gqo-cash donations 2,100.00

$4?36W Expenditures to February 15 1,905 029

Balance - $2,463.21

Resolution No. 1401. On motion, duly seconded, “RESOLVED: That to the extent to which money is donated for the purpose of the item ‘Professional Relations’ in the Criminal Justice Budget, the Director is authorized to continue the present agreement with The Raymond Rich Associates during 1940 ; the money necessary to continue the existing arrangement to come from such sources as it may .” W&--Council 26

Resolution ~VO. 1p2. On motion, duly seconded,

RESOLVED: The current Criminal Justice-Youth Budget, as amended at this meeting, is hereby approved and adopted.

Rcsoh tion No. rpy. On motion, dulvd seconded,

RESOLVED : The following additional sums are hereby allotted and appropriated to the respective items in the Criminal Justice-Youth Budget, and the Treasurer is authorized to make payments accordingly : Item “Salary of Reporter” $400.00 Item “Statistical Work” 225.00 Item “Advisory Assistance” 175.00 Item “Stenographic ,qssistance” 300.00 I tern ‘~Miscellaneous” 50.00 Item “Printing” 45o*m

$6I, 00.00

Resolution No. IJO+ On motion, duly seconded,

RESOLVED : The sum of $750 is hereby allotted and appropriated in the Criminal Jtistice-Youth Budget to an item to be clesignatecl “Unallocable Expenses,” and the Treasurer is authorized to make payments accordingly.

Rcsollttiozt No. IL/q. On motion, duly seconded,

RESOLVED: To reimburse the General Account for unallocable central expenses connected with the work on Criminal Justice-Youth, the Treasurer is authorized and directed .during 1940 to debit the Criminal Justice-Youth Budget with the sum of $750 and to credit the General Account with a like sum.

Rcsolu tion No. I&. On motion, duly seconded,

RESOLVED: John B. Waite is appointed Report& for Criminal Justice-Youth from March I to June 30, 1940, at a salary of $400. The payments are appropriated from and shall be charged against the allotment in the Criminal Justice Budget to item “Salary of Reporter.” GOth-Council 27

Rcsolu tion A7 0 . 1p7. 011 motion, duly seconded,

RESOLVED: The Director is authorized with the approval of the President to arrange for statistical work in connection m?tll Criminal Justice-Youth for the period March I to Jmle 30, 1940; the total payments not to exceed $200. The I,;\\ments are appropriated from and shall be charged agains; the allotment in the Criminal Justice Budget to item “Statistical Wo&.”

Rcsoltrtion ib. I+-& On motion, duly seconded, RESOLVEI): The Director is authorized to arrange for a conference of the Committee on Criminal Justice-Youth to be held 011 such days in March or April, 1940, and at such place as relay be convenient. The Director is authorized to invite t c) this conference any members of the Council ~110 may be specially interested in this subject, the Re- porter, and mv or all of the following persons, and three additional pm&s : Sheldon Glueck, Harvard Law School ; Leonard V. Harrison, New Stork City ; William Healy, Boston, Massachusetts ; Edwin R. Keedy, University of Pennsylvania Law School ; Austin H. MacCormick, New York City ; William E. Miltell, University of Pennsylvania Law SC11001 ; Tliorsten Sellin, University of Pennsylvania Department of Sociology ; and Joseph N. Ulman, Baltimore, Maryland. Tlw expenses of this conference are appropriated from and shall be charged against the allotment in the Criminal Justice-Youth Budget to the item “Traveling,” in accordance with Rule VII of Rules of Council and Reso- lution No. 93%Ex. COIII.

Rcsohtion No. 1~~9. On motion, duly seconded,

J RESOLVED: we authorize the payment of honoraria to &eldon Glucck, Leonard V. Harrison, Edwin R. Keedy, William E. Mikell, VLWianl Healy, Austin H. -r\IacCor- mick, Thorstcn Sellin and Joseph N. Ulman for attendance and work in connection with any conference in Criminal Justice-Youth held in l’VIarch or April, l940. The total amount of these honoraria shall not exceed $5~5. The GOth-Council 29(

payments are appropriated from and shall be charged against the allottnent in the Criminal Justice-Youth Budget to the item ” &4dvisory Assistance.” l

PART V. EVIDENCE BUDGET. I submitted to the meeting of vour Executive Committee in December, last, a suggested bu;lSet for Evidence for the period January I to June 30, 1940, bniving detailed explanations of the suggested allotments together with resolutions appointing the legal staff for the six-month period. The Executive Com- mittee adopted the budget and passed the resolutions, There- fore no action in regard to the work on Evidence is needed at this time except to provide the necessary resolutions to authorize a conference in the spring.

Rcsoldm No. IJIO. On motion, duly seconded,

RESOLVED: The Director is authorized to arrange for a conference on Evidence to be held on such days in March or April, I 940, and at such place as may be convenient. The Director is authorized to invite to this conference any members of the Council who may be specially interested in this subject, the Reporter, the Assistant Reporter, the Chief Consultant, and any or all of the following persons: Wilbur H. Cherry, University of Minnesota Law School; William G. Hale, University of Southern California School of Law; Mason Ladd, State University of Iowa College of Law; Charles T. &Cormick, Northwestern University Law School; Robert P. Patterson, New York City; Charles E. Wyzanski, Jr., Boston, Massachusetts. The expenses of this conference are appropriated from and shall be charged against the allotment in the Evidence Budget to the item “Traveling” in accordance with Rule VII of Rules of Council and Resolution No. g&Ex. Corn.

Resolution No. 14 I I. On motion, duly seconded,

RESOLVED: We authorize the payment of honoraria to Wilbur H, Cherry, William G. Hale, Mason Ladd, Charles 60th-Council 29

T. McCormick, Robert P. Patterson and Charles E. Wyzanski, Jr., for attendance and work in connection with any conference on Evidence held in March or April, 1940. The total amount of these honoraria shall not exceed $600. The payments are appropriated from and shall be charged against the allotment in the Evidence Budget to the item “Legal Advisory Assistance.”

PART VI. SECURITY BUDGET. I here submitted a statement of the Security Budget for the period January I-February 29 as adopted by your Execu- tive Committee in December, setting forth the allotments, expenditures, and balances as of February 15, and also showing the estimated expenditures to December 31, 1940, with the additions needed to increase the allotments to meet the expenditures to the end of the year.

Rcsohtion No, 14 12. On motion, duly seconded, RESOLVED : The current Security Budget, as amended at this meeting, is hereby approved and adopted.

Rcsohtion hro. 14 13. On motion, duly seconded, RESOLVED I The following additional sums are hereby allotted and appropriated to the respective items in the Security Budget, and the Treasurer is authorized to make payments accordingly : Item “Salary of Reporter” $ 4,166.68 Item “Legal Advisory Assistance” 2,375*00 Item “Legal and Stenographic Assistance” I ,650.oo Item “Printing” I ,850.oo Item “Traveling” 2)800.00 Item “Miscellaneous” go.00

$m,gp6S

Rcsotzction No. 1414. On motion, duly seconded, RESOLVED: John Hanna is appointed Reporter for Security from March I to June 30, 1940, at a salary of GOth-Council 30

$1~666.68. The payments are appropriated from and shall be charged against the allotment in the Security Budget to the item “Salary of Reporter.”

Resolution NO. 1415. On motion, duly seconded,

RESOLVED : The Director is authorized with the approval of the President to appoint Legal Assistants to John Hanna, Reporter for Security, for the period March I to June 30, 1940, at a total salary not to exceed $500. The payments are appropriated from and shall be charged against the allotment in the Security Budget to the item “Legal and Stenographic Assistance.”

Resolution No. 1416. On motion, duly seconded,

RESOLVED: The Director is authorized to arrange for a conference of the legal staff on Security to be held on such days in &farch or April, 1940, and at such place as may be convenient. The Director is authorized to invite to this conference any members of the Council who mav be specially interested in this subject, the Reporter, anh any or all of the following persons, and two additional

persons.l William C. Cannon, New York City; Alexander H. Frey, University of Pennsylvania Law School ; Ger- hart Husserl, University of Virginia Department of Law ; Nicholas Kelley, New York City ; Rollin M. Perkins, State University of Iowa College of Law ; and John D. Wickhcm, Madison, Wisconsin. The expenses of this conference are appropriated from and shall be charged against the allotment in the Security Budget to the item “Traveling” in accordance with Rule VII of Rules of Council and Res- olution No. g48-Ex. Corn.

Resolution No. 14 17. On motion, duly seconded,

RESOLVED: We authorize the payment of honoraria to William C. Cannon, Alexander H. Frey, Gerhart Hus- serl, Rollin M. Perkins, and John D. Wickhem, for attendance and work in connection with any conference in Security held in March or April, 1940. The total amount of these honoraria shall not exceed $500. The payments GOth-Council 31

are appropriated from and shall be charged against the allotment in the Security Budget to the item “Legal Ad- visory Assistance.” PART VII. JUDGMENTS. Organization of tlzc Work on Judgments. We would not have suggested to the Carnegie Corporation the desirability of our undertaking now a Restatement of the Law of Judgments had not Warren A. Seavey and Austin W. Scott, Reporters respectively for our published Restatements of Agency and Trusts and joint Reporters for our published Restatement of Restitution, signified their willingness to act as joint Reporters. In order to take the matter up with the President of the Carnegie Corporation, Doctor Keppel, it was necessary to make statements relating to time and cost. To do this we were obliged to ask Messrs. Seavey and Scott to do sufficient preliminary work on the subject to enable them to give us esti- mates on which they and we could rely. To this end they really began work before January I. As the result of their preliminary study of the subject and its proper general arrangement we were able to state to President Keppel that though we cannot finish an entire Tentative Draft of the subject in time for the meeting in May, 1941, we can submit to that meeting a Tentative Draft covering approximately three-fourths to four-fifths of the most difficult portions of the work. We were also able to state that the entire work could be completed in May, 1942, for a total cost of not more than $30,000. This last statement was made possible by the generous action of Messrs. Seavey and Scott in suggesting their willingness to enter now into an arrangement by which they would agree to complete the Restatement of the subject by h!tay, 1942 for a total joint compensation of $10,000, plus $2,000 for secretarial and other incidental assistance. In talking over the matter with them the question of an assistant of high class was discussed. All of us, and this statement includes the members of your Executive Committee, are desirous of securing as such Assis- tant, Erwin N. Griswold, Professor in the Harvard Law School, who rendered such efficient assistance to Mr. Scott in his work 6Oth-Council 32 on the Restatement of Trusts. I am informed that he is willing to make an arrangement by which he would give this assistance from now until the completion of the work for the total sum of $3,000. He began work about February I subject to risk of your confirmation of this arrangement. In view of the arrangements suggested here, my present estimate of the total cost of the various items involved in doing the Restatement of the subject is as follows: Judgments-Time Z~Z Years. Salary of Austin W. Scott $5 ,ooo.oo Salary of Warren A. Seavey ~,ooo.oo Legal Assistant 3,ooo.oo Legal Advisory Assistance 3,omoo Stenographic and other assistance 2,ooo.oo Printing 4,625.oo Traveling 3,5~*~ Miscellaneous 2,ooo.oo

Suggested Budget for 1940. The following is a suggested budget for rg4o for the work on Judgments :

Salary of Reporter-Scott $52, 00.00 Salary of Reporter-Seavey 2,500.oo Legal Advisory Assistance I,Zoo.oo Legal Assistant I ,37sem Stenographic Assistance 1,200.00 Printing 400.00 Traveling 1,400.cm Miscellaneous 100.00

$10,675.00

Resolution No. 1418. On motion, duly seconded,

RESOLVED: We accept the offer of Warren A. Seavey and Austin W. Scott to act as joint Reporters for the Re- statement of the Law of Judgments and continue so to act 6Oth-Council 33

until the completion and publication of the Restatement for a total compensation of $10,000; and we also accept the offer of Erwin N. Griswold to act as Assistant to the Re- porters throughout their work on the Restatement of Judg- ments for a total compensation of $3,000.

Rcsolutiojl No. 1419. On motion, duly seconded,

RESOLVED: The suggested Judgments Budget for 1940 as prepared by the Director is approved and adopted.

Rcsolation No. 1420. On motion, duly seconded,

RESOLVED : The amounts allotted to the various items in the Judgments Budget for zg3o? as adopted at this meeting, are hereby appropriated to their respective items.

Rcsolzttiotc No. 1421. On motion, duly seconded,

RESOLVED: The Director is authorized to draw warrants, with the approval of the President, and the Treasurer is authorized to pay warrants in all cases where by resolution of the Council or the Executive Committee allotments to and appropriations from specific items are made.

RESOLVED FURTHER, That without further action on the part of the Council or of the Executive Committee the Director is authorized to draw warrants, with the approval of the President, and the Treasurer is authorized to pay warrants in all cases where allotments have been made, chargeable to items for stenographic assistance, miscellaneous expenses, printing and traveling of Director and Reporters, in the approved Judgments Budget.

Resolution No. 1422. On motion? duly seconded, i RESOLVED: Austin W. Scott is appointed a Reporter for Judgments from January I to June 30, 1940, at a salary of $1250. The payments are appropriated from and shall be charged against the allotment in the Judgments Budget to the item “Salary of Reporter-Scott.” GOth-Council 34

Rcsolutiott No. 1423. On motion, duly seconded, RESOLVED: Warren A. Seavey is appointed a Reporter for Judgments from January I to June 30, 1940, at a salary of $1250. The payments are appropriated from and shall be charged against the allotment in the Judgments Budget to the item “Salary of Reporter-Seavey.”

Xcsolu tion No. I++ On motion, duly seconded, RESOLVED: Erwin N. Griswold is appointed Legal ;-\s- sistant in Judgments from February I to June 30, 1940, at a salary of $625 The payments are appropriated from and shall be charged against the allotment in the Judgments Budget to the item “Legal Assistants.”

Raolution 1570. 1425. On motion, duly seconded, RESOLVED: The Director is authorized to arrange for a conference of the legal staff on Judgments to be held on such days in April, May or June, 1940, and at such place as may be convenient. The Director is authorized to invite to this conference any members of the Council who may be especially interested in this subject, the Reporters, and any or all of the following persons, and three additional persons : Herbert F. Goodrich, University of Pennsylvania Law School; Sidney P. Simpson, Harvard Law School. The expenses of this conference are appropriated from and shall be charged against the allotment in the Judgments Budget to the item “Traveling” in accordance with Rule VII of Rules of Council and Resolution No. 948.Ex. Corn.

PART VIII. WORK BEING DONE BY DOCTOR ERNST RABEL. At your meeting last May I reported donations to a fund given for the purpose of erriploying Doctor Ernst Rabel, former Director of the Kaiser Wilhelm Institute of Comparative Law, to write for the Institute an Annotation or Treatise in English comparing the conflict of laws law of the principal countries of Europe with the conflict of laws in this country as set forth in our Restatement of that subject. - GOth-Council 35

You authorized an arrangement with Doctor R&e1 by which he should receive a compensation at the rate of $2500 a dvear beginning on the dav of his arrival in the United States. After very considerable difficulty, Doctor Rabel and his wife arrived in New York on the I It11 of last September and, at my suggestion, went directly to Chicago in order that he might consult with his former chief assistant in the Kaiser Wilhelm Institute, Professor Max Rheinstein. He has been working steadily since his arrival. I hope that arrangements can be made to have him come east just before the Annual Meeting and meet the members of your Council at your meeting in Washington.

REPORT OF ADVISER ON PROFESSIONAL RELATIONS. When an enterprise such as the Restatement of the Law has been in progress for seventeen vears,r* it is pretty difficult to make a report on items which arc iic11’ or challenging. If oul- whole theory of a Restatement of L:1w is unsound it is no more so now than it was seventeen years ago. And we have at least the merit of following the course which we chartecl earlier. We believed at the time we laid out the course that it was right, and the experience of the years has served to comime us more firmly of the soundness of that conclusion. It is beyond doubt that we can restate the principles of the law. At least we can restate the law n-hen Director Le\jis heads the work. He not only has successfully performed the task of gathering around him expert technical men in the various fields, but has been editor and sometimes joint author in many instances. It is easier to tell whether one can write a Restatement than it is to tell whether a Restatement is accomplishing its purpose after it has been written. The latter problem is hard to solve. We must disregard much of the material which appears in reviewing a given volume as it is produced. One group of these reviewers continues to talk in vague terms about the great project of the Institute ; another takes advantage of the opportunity to expound its theories on the part of the law in question, especially if they are opposed to the conclusions reached in the Restatement. As human beings, we cannot possibly be as good 60th-Council 3G as some of the puffs would indicate. As reasonably good lawyers we cannot possibly be as foolish as some of the adverse criticisms would imply. That the Restatement has had a tremendous influence on the literature of the law no one can deny. We have, in the files, the law review citations to the various sections in the different subjects. These we are collecting for use in a form of annotation comparable to that which we make of the judicial decisions and the material will be published at the appropriate time. In the annual reports of the Institute from year to year have been lists of the law review articles concerning Restatement work in general or technical discussion of some particular problem. It makes a formidable list, but we found that even lvith the best of our searching it was incomplete. The Cataloger of Duke University Law Library, Miss Marianna Long, compiled, for the Law Library Journal, a bibliography concerning the In- stitute. It appeared in the Jolly number of that periodical. Miss Long found articles which we hacl missed ; we had the satisfaction, however, of finding some in our list which she had missed. Miss Long’s list contains 23,dq items, a figure which is, in itself, too significant to require comment. Articles which have appeared in legal periodicals since the May, 1939, meeting are as follows: AMERICAN BAR ASSOCIATiON JOURNAL. American Law Institute Completes Monumental Task in Torts and Projects two important new activities, June, 1939. Editorial-“ A New Field of Usefulness for the American Law Insti- tute, July, 1939.” Work of the American Law Institute, Orrin K. McMurray, Septem- ber, 19390 REVIEWS.

ANNOTATIONS TO THE CONFLICT OF LAWS RESTATEMENT. Harvard Law Review, George W. Stumberg, May, 1939. Sout?zerti Ca&fov&a Law Review, Joseph M. Cormack, June, 1939. California Law Review, Lee F, Dante, June, 1939.

PROPERTY. Temple Law Quarterty, Albert Smith Faught, April, 1939. GO&-Council 37

ANNOTATIONS TO THE PROPERTY RESTATEMENT. University of Pennsylvania Law Review, Jacob S. Richman, Febru- ary, 19400 TORTS-VOLUME III. St. John’s Law Rcvicw, David S. Edgar, Jr., April, 1939. Tcwple Law Quarterly, Martin Tollefson, April, 1939. Minnmota Law Review, Stanley L. Sabel, May, 1939. Tennessee Law Review, W. Raymond Blackard, 9 19390 Newark Law Review, Vincent P. Biunno, May, 1939. American Bar Association Journal, W. P. M. Kennedy, June, 1939. Marquette Law Review, Otto F. Reis, December, 1939. ‘4 TRUSTS. 3 1 The Lawyers’ Journal (Manila, P. I.), Cesar Bengzon, August 31, 1939m ANNOTATIONS TO THE TRUSTS RESTATEMENT. Temple Law Quartcdy, William M. Buchanan, April, 1939. The Restatement has had its effect upon other things than

periodical literature.l Ceale on Conflict of Laws, Scott on Trusts, Williston on Contracts are all systematically referenced to the Restatement. So is the encyclopedic work American Juris- prudence. So, too, a host of smaller textbooks. Corpus Juris Secundunl is the one large publication which seems to have no knowledge of our existence. In the forthcoming edition of Words and Phrases the glossary of terms used in the Restate- ment is to be included. We know, because people constantly tell us of instances, that the Restatement is consulted and cited in countless office memoranda ; in lower court decisions which never find their way into print ; we know that law teachers, even those who quarrel with the Restatement, cite it to and discuss it with their classes. All of this cannot, obviously, be reduced to statistical tables. But it is important, and the importance is not lessened by the fact that it cannot be evaluated by mathematical formula. Restatement in the Courts-Fourth Edition. What can be measured quantitatively is the citation by Appellate Courts whose opinions are reported in the National Reporter System. This we have done for several years and the results have been published in a volume called “The Restatement GOth-Council 35 in the Courts.” This fall the fourth edition of this book made its appearance an<1 a copy ~2s sent to all those who received Volume 4 of the Restate&t of Torts. It is interesting to note the accumulation of this judicial citation material. The first edition of the volume was published in 1934 and there were 607 citation paragraphs. The second eclition appeared in 1936 and the number of paragraphs had risen to 875. The third edition came in 1937 and we had 2646 paragraphs. The last edition came this fall, including material received up to July I, 193~~ The total number of citation paragraphs has risen to 4753. Without being unduly complimentary to ourselves and the effectiveness of our work, we may say truly that this is a very remarkable record. The Restatement is securing the sanction of judicial authority with remarkable ac- celeration. On the following pages is shown a comparative table in citation of the various subjects of the Restatement by the courts of the various states and the federal courts. The table this year is shown in comparative fashion, figures for 1935 and 1939 being laid side by side. The figures are too clear to require comment. It is worth pointing out again, as has been pointed out before, that in general the citations are most frequent where one of two things is present. LWiere we have a judge or two on the court who is particularly interested in the Restatement the number of citations always rises. Also, where we have in a given state, a healthy, vigorous annotations program, that has a tendency, also, to increase judicial use of the Restatement. The number of citations in federal courts continues to be very satisfactory . We may hope that such use will keep LIP and perhaps increase. Since under Erie Railroad Co. v. Tompkins, the federal courts must now follow the common law in matters involving local law only, perhaps the federal courts can look to the Re- statement to find the common law of a particular state. Especially may this be true where the analysis of the annotations in comparison with the Restatement has shown that a given state follows very closely the common law as expressed in the Restatement. The Supreme Court, unintentionally no doubt, has made the Restatement all the more important as one of the collateral results of the decision of Erie Railroad Co. v. Tompkins. fiOth-Council 39 GOth-Council

. b . . . . . 0 l l b . . l . . . l . . b b 0 0 . . b . . b . b b . b . . b b a . b . . 0 0 b 0 b . . . l . b . b . b b b . . . . . b 0 ...... b b . . b . b 0 0 . . . . . 0 0 . 0 l . b b b l . . . . . 0 . . b . l b . . . . b . . b . b . l . . . b . l b b ...... b b 0 . . . . . l . . . 0 . l 0 . . : G . . . . . l 0 l . :Z . . . . . bo l G . l z ce c l 0 l z l g 3 T☺ 0 AZ E’I;b l u g gj 0.2 si 2?bL 0 235 3&S GOth-Council 41

Qualitative Analysis, If one turns from such a quantitative analysis of judicial use of the Restatement to an attempt to a qualitative analysis, his problem becomes much more difficult. These slips for the court citations come to us from the Frank Shepard Company, publishers of Shepard’s Citations. They contain the bare reference to decision and the section of the Restatement. Our editors look up the case sufficiently to turn the citation into a paragraph showing the use of the Restatement by the judge. But the editor at the nionient has neither the time nor the capacity to evaluate the Restatement’s influence in the decision. We have hundreds of instances where a judge will cite a former decision of the Restatement and perhaps a law review article. See, for instance, Judge Clark’s opinion in Pease v. Sinclair Refining Companv (C. C. A. 2, 1939) 104 F. (zd) 183. The Restatement Sections cited are relevant and I believe intelligently stated, but their citation gives no evidence of the comparative weight they have in influencing the determination of the court. In a case like Pearlman v. Garrod Shoe Co., Inc. (New York Court of Appeals) I I N. E. (zd) 718, the court settles the turning point of the case by this statement : “Under the pleadings and proof, plaintiff may recover on the ground of negligence irrespective of contract.” Four Sections of the Re- statement are cited in one decision. The influence of the Re- statement seems pretty clear, although one would be very foolish to say that the court would not have reached the same result if the Restatement had not been written. Occasionally one finds a gem like this :

In an opinion by McAllister, J. : “The most recent expression we have been able to find on the subject is by the American Law Institute in its Restatement of the Law of Agency, and it is to the same effect. In section 41 of that work the rule is stated and its meaning illustrated with two sets of facts so clear and so nearly the same as those with which we are here concerned that, coming as it does from an authority which the bench and bar of the country regard as the highest, it is decisive of the proposition.” GOth-Council 42

We are, at the present time, going back over the citations endeavoring to find any in which the Restatement seems, from the language of the opinion, to have had prominent part in assisting the court to its conclusion. But until somebody evolves a method of finding out a way of measuring the various factors which lead courts to conclusions we shall probably never know just how much influence the Restatement is exerting.

Distribution of the Restatement in the Courts- Fourth Edition. In addition to sending the Restatement in the Courts to all the purchasers of Volume 4 of Torts, the Publishers have plans to use it for dignified publicity purposes in a selected area. This area consists of seven states where the citation list is high and where the annotation program has been at least moderately suc- cessful. We shall send a copy of the book, not only to the appellate judges in these states, but to the trial judges as well, calling their attention both to the annotations and to the considerable use made by the appellate courts of the Restatement.

Publication of Torts-Volume 4. Volume 4 of Torts was published in late November as per schedule. It was sent, on approval shipment, only to those who purchased the other volumes of Torts. Since we expect no independent sale of the volume, the Publishers have attemptecl no advertising campaign except a few announcements of its appearance in legal periodicals. The production of any given volume involves an enormous amount of correspondence with trade houses. But the procedure is now so much a matter of routine that it is no longer an object for comment except to say that the usual routine has been followed.

The Restatement as a Set. We have had, from time to time, tentative plans for a sales campaign to present the Restatement as a set both to those who have bought some of the volumes but not all and those who have bought none of them. One difficulty heretofore has been that we could make no commitment as to the scope of a corn- pleted Restatement nor could we tell the time within which the GOth-Council 43 purchaser would receive his material. It now looks as though we might be able to tell the answer to both of these questions. It is true there is some clifficultv still about what representations we can make concerning the subject of Property, but aside from that it appears that we can pretty definitely tell the purchaser what our Restatement will cover. We, therefore, are making plans for a special advertising campaign with special induce- ments to purchasers who will buy the Restatement as a whole. It is expected that all this will culminate this spring. Along with sales of a set of the Restatement WC have the problem of an index to the whole. This is imperative if we expect anybody to use the volume who is not thoroughly ac- quainted with each one. An ideal way would be to construct a new index for the set from the very beginning. l3ut that would be expensive and take a long time. We can lvitli sufficiently expert editorial help combine the volume indices of the various books. This will not give a perfect job. The indices have been prepared by different persons. Perhaps thev are of the analytical rather than practical catch-as-catch-can &3e. ,4t any rate, they are what we shall use for the basis of a colnbined index and we shall have not a scholar, but an experienced editor of the mechanical type at the job very soon. There will be no expense to the Institute. The .Publishers will advance the money for the indexer and the composition cost. In our judgment the volun~. Gil just about pav4 for itself and that is all we ask.

Judges’ Meeting. There has been considerable correspondence with h:Ir. Chief Justice Simmons of the Supreme Court of Nebraska about desirability of informal gathering of the judges who come to our Annual Meeting as official members. Following some thought on the matter and a conference or two with the Director and the Executive Committee a plan has been evolved which can bring about such a meeting and perhaps dc> some good for the work of the Institute. This will be presented orally at the meeting for appraisal and suggestions. GOth-Council 44I ’

Public Information Upon Criminal Justice-Youth Statute. The following information is submitted by Mr. Hal Hazel- rigg, Special Adviser on Criminal Justice-Youth. Mr. Hazel- rigg is in yew York and the things which he has done in connection with this Statute have been talked over with me, but have been largelv clone under the direction of the Director. I submit Mr. Hazklrigg’s nieniorancluni of progress with regard to public information concerning this project.

PROGRESS REPORT ON EDUCATIONAL PROGRAM IN CRIMINAL JUSTICE-YOUTH. January 23, 1940. The major objectives of the public educational program to date have been to get as large numbers as possible of the public discussing the problem of youth-crime in America and the need for revision of criminal justice for this age group-as well as to give some guidance as to what this revision might involve. In achieving this result emphasis has been placed along two lines-first, reaching the group leadership who control major areas of public opinion and second, reaching the intelligent lay public. The interest and cooperation of the group leadership is necessary to put such a program into effect. Among these leaders are members of the bar and bench, penal administrators, sociologists and other educators, psychiatrists, police executives and representatives of the chief public and private social welfare agencies. Group leaders have been reached as follows :

I. The bench and bar, of course, are being informed on the program by the American Law Institute itself and we are cooperating where and whenever possible in this effort. 2. Through national conferences. We have set up general sessions and supplied speakers for the annual conventions of these organizations : Inter- national Police Congress, San Francisco, October g-12 (speakers, Judge Ulman, Leonard Harrison and Pro- fessor 0. W. Wilson, of the University of California) ; GOth-Council 45

American Prison Association in New York City, Oc- tober 16-20, in cooperation with National Conference of Juvenile Agencies (speakers, Dr. Healy, Judge Ulman and Sir Alexander Paterson, head of the British Borstal system) ; American Sociological Society, Phila- delphia, December 27 (speakers, Dr. Healy, Dr. Lewis and Dr. Sellin). Our subject has been discussed in addition before the 1939 National Parole Conference in Washington and the White House Conference on Children in a Democracy as well as receiving prominent mention before the As- sociation of Juvenile Court Judges meeting in Buffalo in connection with the National Conference of Social Work. We are cooperating and providing speakers and materials for discussion of the program before the forthcoming 1940 conferences : Pennsylvania Conference of Social Work, Wilkes-Barre, February 2 (speaker, Judge Bok) ; Welfare Council of Greater New York, Feb- ruary 3, New York City (speakers, Dr. Waite and Judge Ulman) ; American Ortho-Psychiatric Associa- tion, Boston, February 22 (speaker, Dr. Healy) ; As- sociation of Juvenile Court Judges annual meeting, Grand Rapids, in late spring (speakers and subject yet to be decided). Other agencies which have indicated interest in having us participate in their annual conventions are the United States Junior Chamber of Commerce and National League of Women Voters. 3. In addition to the conference technique we have done a good deal of inter-organizational effort through correspondence and 1 personal contact. For example, we have been in communica- h , tion with and have received favorable responses usually offer- ing cooperation from about eighty national agencies and in- stitutions working in similar fields. Personal contact has been established with many leaders through conferences and various short trips as well as in New York. Examples of these are the Society for the Pre- vention of Crimes, the New York City League of Women Voters, the Boys’ Clubs of America, the Illinois Institute of GO&--Council it&

Juvenile Research, the United States Prison Bureau, the United States Children’s Bureau, etc. We have rexhecl a large section of the L1nierican public through the USC of the following publicity techniques : x. News Publicitvd a. Conferences-Each of the addresses made by our representatives for the large national conferences listed above have been covered by the American press. We have prepared releases issued by the Associated Press and the United Press and carried by many of the important newspapers in this country. A substantial number of editorials, all in a favorable vein, have been printed by such newspapers as the Baltimore Sun, the A tlati ta Coust it u tion, the Cinciwtu ti EPzquirer, the Christiau S&we Mortitor, the Pittsburgh Stm Tele- gram, the Miwncapo1i.s Star, the Philadelphia Bulletin, etc. b. Seven press releases have been prepared on the research reports of Dr. Sellin. These have been scheduled to extend over the remaining time before the Institute approves the final program. The first release issued January zg was carried bv the Associated Press and has been printed extensively throughout the country both in necvs and in editorial form. One of the above- mentioned releases is in the form of a special feature article which will be issued to Sunday editors of large newspapers. c. Constant contact has been maintained with representatives of the leading press associations and news syndicates, which have headquarters in New York City. Requests for materials have come in voluntarily from such leading syndicates as the United Press and the Sunday section of the Detroit Free Press. Materials will be supplied when appropriate in response to such requests. 2. Radio Publicity a. The radio has been used in connection with conferences such as the broadcast from the International Police Congress over the Mutual network by Judge Ulman. GOth-Council 47

b. The Columbia network is carrying a youth-crime discussion on the “People’s Platform,” January 27. Par- ticipants in this program will be Austin MacCormick, Judge Ulman and Sanford Bates. c. Negotiations are virtually ,complete with the National Broadcasting Company for a series of thirteen pro- grams starting March 4. These broadcasts would be partly dramatizations and partly talks by menlbers of the Committee-and could call in also, if desired, some of the Committee’s consultants or members of the In- stitute itself. An intensive program of radio promotion and news and magazine publicity will be coordinated with this series. (2. The directors of the Chicago Round Table are interested in a program whenever we can fit it into our schedule. 3. Magazine Publicity a. Constant contact has been kept with a large number of magazine editors and writers since early last fall when some eighteen national magazines expressed interest in the subject. b. Three articles for which we furnished materials have already been printcd-in This E’ccK Magazine, by Stan- ley High; in Atlmtic Montl~ly, by Judge J. M. Braude,

of the Chicago Boys’ Court,l and in the Comwcntator, by John Bakeless. c. Two magazine writers, Karl Detzer, of the Reader’s Digest, and Denver Lindley, of Collier’s, are at work on articles for their respective publications. 0 ther magazine writers such as Frank Brock, Marc Rose and Garrett Smith, have requested materials for possible articles. d. An article written by Judge Ulman will be presented soon to Henry Goddard Leach, of FO~ZWZ. 4. Motion Pictures a. We have cooperated with Courier Productions, Inc., a New York film company, which is producing a youth- crime, semi-documentary film for the Atlantic Monthly. They have asked that the Committee give technical assistance in assuring the accuracy of this film and we have advised them in the form of presentation. GOtll-Council 45

b. Future efforts in the motion picture field will be : ( I) to obtain a &larch of Time him ; (2) work with news- reels ; (3) contact with producers of Hollywood films which happen to bear on the subject. Annotations Progress. The Annotations program continues to move forward in the several states, although the rate of progress is necessarily un- even. However, with the exception of a handful of states, two or three in the east, and a half dozen or so in the west or south- west, the work does advance. Within the past few weeks we have added to the list of published Annotations the following volumes : Agclzcy, Kansas ; Property, California ; Torts, Volumes I and 2, New Jersey; Trusts, California, Kansas and Missouri. The total number of Annotations volumes now published stands at eighty, divided among the several subjects of the Restatement in this way: Agency 13 ; Conflict of Laws ~31: ; Contracts 26 ; Property 4 ; Torts, Volumes I and 2, 4; Trusts 12. In the spring we shall publish another group of Annotations manuscripts, and we now have a number of completed manuscripts in hand for inclusion in this group. These manuscripts comprise Oklahoma, Agency ; Michigan, South Dakota and Washington, Conflict of Laws ; Georgia, Contracts ; California, Torts, Volumes I and 2, and California, Restitution. Since we still have another month before the closing period, we hope that we may be able to include several additional manuscripts. Among the Annotations which are nearing the finish line, some of which may be finished in time to go through the publication mill with this batch, are : Ohio, Texas and Wash- ington, Agency ; Texas and Washington, Property ; Pennsyl- vania, Restitution ; and Massachusetts and Mississippi, Annota- tions to Volumes I and z of Torts. Help with the Annotations work through projects of the W. P. A. continues in a number of states. Conspicuous in the van of these is the Michigan undertaking under the genial and effective supervision of Judge Tuttle. The spade work on the Michigan Trusts Annotations has been completed in this way, and the final editorial task of manuscript preparation is now being carried out. The basic work of collecting local authority 60th-Couricil 49 is being continued for the subjects of Restitution and Torts. In Florida, where the Annotations work has bogged down since the publication of the Contracts Annotations, a start was made this fall on the Annotations to Agency, Conflict of Laws, Prop- erty, Restitution, Torts and Trusts. This is obviously a very ambitious program and the extent of performance is unpredict- able. In New Jersey the Annotations to Volumes I and z of Torts were made possible through such W. P. A. help, and work continues on the subjects of Agency, Conflict of Laws and Trusts. In Massachusetts the Annotations to the first two volumes of Torts are nearly completed and the annotator has started his workers on the collection of case material for Volumes 3 and 4 of Torts. In New York Mr. Edgar continues with his project in which he has undertaken to prepare Annotations to all four volumes of the Restatement of Torts. It is, of course, a prodigious job, and now with the spade work on citations to Volumes 1 and 2 finished he is making a start with the actual writing of the manuscript. Our experience with W. P. &4. assistance clearly shows that it can be exceedingly valuable where it is competently directed. And even though some of these undertakings may fail to pro- duce acceptable finished manuscripts, the undertaking is not valueless provided the spade work has been properly done. The collecting of cases is the most laborious and time-consuming part of the Annotations job, and with this work done it ought not to be too difficult to enlist the services of a good lawyer to finish the work. The interest of members of the Junior Bar Conference in the Annotations program continues. The states where Annota- tions work has been started through the cooperation of the members of the Junior Bar, includes Connecticut, New York, Ohio, Alabama, Maine, District of Columbia, Kentucky,. Missouri, Montana, Nebraska, South Carolina, South Dakota and Ten- nessee. Here again, of course, we know that some of these undertakings may be expected to fall by the wayside. But we do have good hopes of some of them. And in any event, the interest of these young lawyers in the work of the Restatement itself constitutes a net gain. GOth-Council 50

REPORT OF THE COMMITTEE ON MEMBERSHIP. By George E. Alter, Chairman. Gentlemen : I am authorized by the Committee on Membership to move the election as members of the Institute of the following: Mason Ladd, Iowa City, Iowa Gareld Leming, Hampton, Iowa Eclward H. Foley, Jr., Washington, D. C. James Walker Stites, Louisville, Kentucky Henry Ely McElwain, Jr., Louisville, Kentucky Roland Gray, Boston, Massachusetts Daniel T. O’Connell, Chestnut Hill, Massachusetts Charles Evans Hughes, Jr., New York City Harlan Watson Rippey, Rochester, New York John Gilfillan Frazer, Pittsburgh, Pennsylvania Andrew Rensselaer McCown, Philadelphia, Pennsyl- vania Nat. A. Turner, Columbia, South Carolina

In pursuance of the instructions of the Committee, I move the election, as members of the Institute of those names I have _ just read.

Resolution No. 1426. On motion, duly seconded,

RESOLVED: The persons recommended by the Com- mittee on Membership are elected members of the Institute.

The proposal of William Bush Gess, of Lexington, Ken- tucky, was considered, but was held over in view of the fact that Mr. Gess has not reached the age of thirty-five. The proposal of Honorable James H. Wolfe was received too late for the Chairman of the Committee to make the usual investigations and it was voted to defer action on the proposal until the May meeting. The Committee had before it yesterday lists of persons who by reason of non-attendance at meetings in 1938 and 1939 fall under the operation of By-law 3 (i). In regard to the names on List No. 2 (members who wrote requesting the Council to excuse non-attendance at time of meetings in 1938 and 1939) Goth-Council 51 and List No. 3 (members who have cooperated other than by attendance) I am instructed to make this motion : that in regard to the names on List No. 2 and List No. 3 the by-law be waived. Anyone desiring to see the names on the lists may apply to the Executive Office.

Resohtion No. 1427. On motion, duly seconded,

RESOLVED : On recommendation of the Committee on Membership, the operation of by-law 3 (i) is suspended as to the members whose names appear on Lists Nos. 2 and 3 of delinquent members.

List No. I contained the Tlames of members who did not write of their own accord at the time of the meetings, but to whom the Director has written, calling attention to the by-law. Of this list to whom the Director wrote we have satisfactory replies from all except four. These are the following : Paul F. Good, Lincoln, Nebraska Harold A. Andrews, Providence, Rhode Island Thomas Franklin Watkins, Anderson, South Carolina Otto Burton Rupp, Seattle, Washington

As to these four unless between now and the time of the meeting in May, by satisfactorv correspondence with the Direc- tor they have justified the susi>ension of the by-law as to them they will have to be dropped, and I was authorized to so move.

Resolution No. 1428. On motion, duly seconded,

RESOLVED : On recommendation of the Committee on Membership, the members on List No. I of delinquent members, unless between now and the annual meeting in May they write a letter satisfactory to the Director or shall attend the next meeting of the Institute, shall be dropped from the roll of members.

As to the members on List No. I who made satisfactory response to the Director’s letter, I was authorized to recommend the suspension of the by-law as to them, and I so move. 60th~Council 52

Resolution No. 1429. On motion, duly seconded,

RESOLVED : On recommendation of the Committee on Membership, by-law 3 (i) is suspended as to the members on List No. r of delinquent members who wrote satisfactory replies to the Director’s letter.

Resignations of the following persons were accepted, the Director being instructed to write a letter in each case to the effect that if the member found himself in a position to come to the next annual meeting, or, failing in that, showed his continued interest in the Institute, either by subscribing to the volumes of proceedings or advancing interest in the Institute locally, he would be reinstated : Ferre C. Watkins, Chicago, Illinois Churchill Humphrey, Louisville, Kentuckvrl Clyde Ernest Stone, Peoria, Illinois Joseph B. Ely, Westfield, Massachusetts

The following names on List No. 4 (special list) were dropped subject to further investigation prior to meeting in l&y . William P. Sidley, Chicago, Illinois Herbert A. Smith, Oxford, England

The Director presented for consideration the Restatement of Security, Preliminary Draft No. 24, prepared by John Hanna. There was a full discussion of the draft and at the conclusion of the discussion the following resolution was adopted :

Resolution No. 1430. On motion, duly seconded,’

RESOLVED : This Council, having considered the Re- statement of Security, Preliminary Draft No. 24, tentatively approve the same as amended by us. The Director shall have a draft prepared by the Reporterc embodying this Preliminary Draft, as amended, and submit the same as a Tentative Draft to the next meeting of the Institute.

The Director presented for consideration in connection with the work in Criminal Justice-Youth the draft of a model GOth-Council 53

Act known as the Youth Correction Authority Act, Council Draft No. I. After a thoroughw discussion the following resolution was adopted:

Resolution No. 1431. On motion, duly seconded,

RESOLVED : This Council, having considered the Youth Correction Authority Act, Council Draft No. I, approve the same as amended by us. The Director shall have a draft prepared by the Reporter embodying this draft, as amended, and submit the same as a Proposed Final Draft to the next meeting of the Institute.

The Director further presented for consideration in connection with the work in Criminal Justice-Youth the draft of a model Act known as the Youth Act, Council Draft No. 2. Due to lack of time, the Council were unable to consider this Act and referred the same to the Executive Committee with power.

Resolution No. 1432. On motion, duly seconded,

RESOLVED: The Youth Court Act, Council Draft No. 2, is referred to the Executive Committee with power.

The Director presented for consideration the Code of the Rules of Evidence, Council Draft No. I. Due to lack of time the Council were able to discuss but a portion of the draft, referring the remainder of the draft together with Council Draft No . 2 to the Executive Committee with power.

Resolution No. I433. On motion, duly seconded,

RESOLVED: This Council having considered Rules I to 54 of the Code of the Rules of Evidence, Council Draft No. I, tentatively approve the same as amended by us. The Director shall have a draft prepared by the Reporter embodying these rules as amended by us and shall submit the same as a tentative draft to the next annual meeting of the Institute. The remainder of the sections in the draft together with Council Draft No, z are referred to the EX- ecutive Commit tee with power. GOth-Council 54 .

The Director presented for consideration the Restatement of Propertv ( I), Preliminary Draft No. 81, prepared by Richard R. Powell.4 After a thorough discussion the following resolution was adopted :

Resohtiou No. I+J+ On mot ion, duly seconded,

RESOLVED: This Council, having considered the Re- statement of Property ( I), Preliminary Draft No. 81, approve the same as amended by us. The Director shall have a draft prepared by the Reporter embodying this draft, as amended, and submit the same as a Proposed Final Draft to the next meeting of the Institute.

The Director presented for consideration the Restatement of Property (2)) Preliminary Draft No. 26, prepared by Oliver S. Rundell. After discussion the following resolution was adopted :

Resolution No. 1~35. On motion, duly seconded,

RESOLVED: This Council, having considered the Re- statement of Property (2), Preliminary Draft No. 26, approve the same as amended by us. The Director shall have a draft prepared by the Reporter embodying this draft, as amended, and submit the same as a Proposed Final Draft to the annual meeting.

The business of the Council having been concluded, the meeting adjourned at 6:30 P. M. on Friday, February 23. William Draper Lewis, Secretary.