The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1897-08-26
PRAISE FOR OLpEY
THE ARBITRATION TREATY MEETS
WITH THE APPROVAL OF
AMERICAN BAR.
REPORT RECOMMENDS 1T.
THE PRESIDENT REQUESTED TO
TAKE STEPS TO SECURE IT'S
ADOPTION.
LAWYERS MEET IN CLEVELAND.

CLEVELAND. o., Aug. 25.-The first
session of the twentieth annual con-
vention of the American Bar associa-
ton was called to order this morn
ing, about $50 delegates being present.
President James Woolworth, of
Omaha, was in the chair, and first in
troduced Judge Samuel F. Hunt, the
chairman of the committee on enter
tainment, appointed by the Ohio State
Bar association. Judge Hunt greeted
the delegates as co-workers in the
cause Of good government and the
maintenance of public order. 1--WE Of
Ter you, gentlemen of the American
Bar association" he said, mo doubtful
d1sputation, but a welcome which
comes from spirit of brotherhood,
and which like the humanities centers
to the honor of pleasure and peace"
President Woolworth responded
briefly, thanking the Ohio association.
and introduced Hon. James ]. Hoyt.
who welcomed the delegates on behalf
of the members of the bar of Cleve-
land. Virgil P. Kline had been ex-
pected to deliver the address, but for
an unavoidable reason was absent, and
MI. Hoyt was drafted into the service
at the last moment. His impromptu adj
dress was highly appreciated, espec-
tally that portion of it which referred
to the eminent jurists who had made
Cleveland their home in the years gone
by. cleveland has had high ideals
/ before it, he said, "and l repeat it is
fitting that the American Bar asso-
| c1at-on should select the Forest city,
! the metropolis of Ohio, as the place
/ for holding its twentieth anniversary.
we recognize the great merit of the
members of the organization and ex-
tend welcome"
President Woolworth again thanked
the members of the Ohio bar in gen
eral, and the members of the Cleveland
bar in particular. for their cordial
welcome, and then began the reading
of his annual address.
Two reports were submitted today
! one, that of the committee on law re-
for11l, was largely technical, being a
history Of the antitrust law of 1890
| and summary Of decisions under that
act, including the famous ruling in
the Trans-Missouri Freight association
case. In conclusion, the report says:
Having thus referred 10 leading decisions
under the act of congress of July 2, $780,
we deem it proper to say that there remains
an important constitutional question in this
/ connection which has not been determined
and may well be discussed by the members
of this association. One Of our learned breth-
zen of the bar of New York has lately pub
hshed pamphlet devoted to the contention
that, If the views of the majority of the SUI
preme court in the case of the Trans Mis-
| souri, association be correct, it must logically
/ follow that the act is unconstitutional in
! this, that it violates the fifth amendment of
! the constitution of the United States which
! declares that no person shall be deprived
OF life, liberty or property without due
process Of law
This provision applies to the congress Of
the United States: and the main point Of the
| pamphlet to which we refer is, that if
| 1t be true that the congress has prohibited
! all contracts in restraint of interstate and
! foreign trade, whether reasonable or unrea-
! sonable-in other words, has prohibited those
| that were and are reaSonable-it has exceed.
ed its powers; it has exercised the right tc
| regulate so TO destroy, and has deprived
| all persons in interest of property and prop.
erty rights in violation of the fifth amend
ment.
The other report was that on inter.
national law. 1t is devoted in a large
measure to the arbitration treaty ne
| gotiated by Secretary Olney. After de-
| failing the history of the treaty and
commencing its terms, the report con-
| CludeS:
The objection is often taken to any
! arbitration treaty that the court has
| no power to enforce its decisions But
! your committee believes that expert.
ence shows that his objection, which:
SGSIIlS pIduSlDle DIT llISC, is without SOIlG
! foundation. During the past thirty
| years many controversies between the
| owners of capital and their workmen
| have been referred to arbitration. NJ
| law has ever been passed compelling
! submission to the award of arbitrator
under such circumstances. 1t would be
! difficult and perhaps impossible to pro-
| cure the enactment of such a law. Yet
experience shows that these awards
! are generally submitted to by both
! sides The very fact that obedience Is
! not compulsory is the strongest posi-
| BILE argument to the arbitrators In
| make a just award, which shall COM
mand respect upon it's merits. The
! case is one of those so frequent in his
| tory, in which liberty of action, Sc
| cured by law, has been of itself safe
| guard against hasty and unreasonable
action. The exercise of liberty tends to
induce sense of responsibility. Your
committee, therefore, recommends for
| adoption the following resolutions:
Resolved That this association learned with
| much satisfaction that the treaty of arbitra-
ton between the United States and Great
ate of the United States Jan. II. 1897, re-
| ceved the approval of a majority of the
members voting upon the question of rati-
fication, even though the majority was net
| sufficient to ratify the treaty.
! Resolved, That the provisions of this treaty
| afford a reasonable, fair and just method OF
! adjusting the differences between the United
| States and Great Britain which are within the
! scope of the treaty
! Resolved, That the president of the United
States be respectfully requested to take such
| measures as may be within his power TO Sc
/ cure the adoption either of the treaty before
| mentioned, OF similar arbitration treaty.