The New York herald., 1921-09-03
U. SBAR DENOUNCES
ELECTION DELAYS
Would Have Congress Meet
at Once and Electoral
Vote Cast Early.
DIVIDES ON AVIATION
Flying Over Land Does Not
Invade Private Rights,
Committee Reports.
QUESTION Is LEFT OPEN
Gov. Whitman on Law En-
forcement, Judge Kava-
naugh on Prisons.
QUESTION is LEFT OPEN

CINCINNATI, Sept. Z.--Tnat Congress
should come into being Immediately
on its election; that the electors should
meet at the earliest practicable date to
cast their votes for President and
Vice President; that Congress should
meet at the earliest practicable date to
count the vote, and that the Presi-
dent and Vice. President should be in
augurated thereafter without any un-
necessary lapse Of time, read resolu-
tion adopted by the American Bar
Association late to-day.
Conflicting views on the power of
the national Government to control
aeronautics caused heated debate be-
fore the convention of the American
Bar Association late to-day when the
report of the committee on the law
OF aviation was received and finally
adopted after numerous substitute
resolutions had failed.
The report advocated that the Bar
Association give attention to "the
fundamental problems of jurispru-
dence' without venturing into the
field Of practical aviation and left the
question of legislation open to Con-
gress. Legal questions involved in
air legislation must first be decided
before the details of control were
settled. the committee said.
The proposal that 1t was an invasion
of the rights of private ownership of
property to utilize the air for flying was
challenged by the report. which was
presented by Charles A. Boston Of New
York, chairman of the committee. 1--WE
submit that II should be the law that
IL Is not an invasion OF private rights
II flight is accomplished without jeop-
ardizing any right usually enjoyed in
the ownership Of land" the report said.
Objections to Report.
voicing strenuous objection to a re-
port which he said "leads no man any,
where" william v. Rocker OF Indian
apolis declared adoption OF the report
would mean go years delay on one
OF the most important questions before
the American people. He ccntended
that the atmosphere was common prop
erty and that its control was lodged in
the Admira'ty He offered resolution
stating the opinion that jurisdiction was
lodged in the Admiralty and providing
for appointment of a committee to give
assistance to Congress in preparation OF
bills conforming to that opinion. This
resolution was later defeated after much
debate
Major jefferson Davis of Los Angeles.
former Air Service officer. raised strenu-
Gus objection to several features of the
report which he declared would retard
aviation for ten years. lie disagreed
with the opinion OF the committee that
n constitutional amendment might be
necessary to enact proper legislation.
Adoption of the international air
navigation convention by the United
States was advocated by Major Davis.
adding that every big nation In the
world had ratified II with exception of
the United States. The incomplete
nature OF the report left the committee
with much work ahead and provision
was made for the committees continu-
snce during the coming year.
Officers Elected.
c. A.. Severance of st. Paul was elected
president Of the association. Frederick
=, Wadhams OF Albany ana A. Thomas
Kemp of Baltimore were reelected treas
urer and secretary respectively.
Members of the executive committee
were likewise unanimously elected, as
fol1ows
III. II. Brown, Tonopah. New: r.. C.
Mcclellan, Montgomery. Ala. John f.
CorIiss. Detroit Mich. John II. Rich
ards. Chicago; William Brosmith Hart
ford, Conn. s. T.. Ellsworth, James,
town, ". D.; Thomas W. Blackburn.
omaha. Neb.. and Thomas w. Shelton.
Norfolk. va.
Law enfor onent was emphasized in
three addreyes before the convention
this morning preceding the election.
Former Gov. Charles s. Whitman OF
New York. Luther Y. Rosser of Atlanta.
Ca, and Judge Marcus A. Kavanaueh
OF Chicago urged education of the Amer
lean public to letting justice take its
course and primarily In eradicating
crime itself
The practice of some judges in "nurli-
Tying the statutes because of personal
prejudice" by giving defendants the
benefit OF the doubt as to the law was
deplored by former Gov. Whitman. The
defendant. he said was entitled to the
beneflt of the doubt on n question ~
fact but not of law. He said prosecu-
tors should have the right to appeal
from such ''prejudiced decisions" as at
present there Is no means to countcract
JUDGES dccisfCn.
There Is no such thing as unenforcc-
able law" the former Governor declared.
You cannot say law IL a dead letter
because of public sentiment, because II
is impossible to accurately determine
public opinion. The mere fact that n
law Is irksome does not prove that IL IL
Inconsistent with public welfare Law
enforcement Is a matter OF executive de-
sire and determination"
Lyncbfng Denounced.
Mob law. and particularly iynchlng.
was denounced as poisonous and pesti-
lentiar' by Mr.. Rosser, who declared it's
annihilation was the "only guarantee of
national safety"
Tho essence OF mob law is swift ac-
ton without reflection" Mr.. Rosser said.
Inevitably not all those 1ynched are
guilty. America In all its history has
been the breeding ground for mobs. ra-
cial. political, labor, religious Most Of
our citizenship have been gathered from
the four corners OF tho earth. They
Aave fed oppression and class obstruc-
I'M 70 the asylum for the governmental
vazarist and hereto.
Here the very privileges OF the
thoughticss American tend to beguile
him to lynching and he is encouraged by
political heresies. lie forEets In his wild
zeal and frenzy that when he destroys
every beacon and compass OF the past
theere Is nothing left but the storm and
the night"
Judge Kavanaugh condemned the
comfortable prison life OF American