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The American Law Institute. ’ 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 resigna- tion 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 as- sociate, 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 ap- preciation 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 fol- lowing 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 appro- priation, 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 addi- tional 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 per- taining 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.
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