The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1932-10-14
BAR GROUP is
SPLIT ON CURB
OF US. COURTS
Two Members of Committee
Refuse to Back Fight on
Legislation.
BY RUTH FINNEY
Times star Writer

WASHINGTON, Oct. 1.-Two
members of the American Bar Asso-
Nation committee on Jurisprudence
and law reform have refused TO APP
prove recommendations Of the com
nittee that the association continue
ats fight against legislation designed
90 curb the power Of the federal
courts.
The two we're Charles E. Clark,
dean OF the Yale school of law. and
Joseph F. O'Connell, prominent
Boston lawyer and educator.
Discussing in a ma iority report
the opposition Of other committee
members TO bills destroying federal
jurisdiction in controversies between
citizens of different states, and also
taking from federal courts the right
to interfere by injunction with or
ders of state utility commissions.
Clark and O'Connell urged accept
ance OF A compromise measure
sponsored by Attorney-General Will
liam Mitchell.
Sign Majority Report
This would require litigation cor
porations to be considered citizens
OF the states in which they do
business. rather than those in which
they are Incorporated
This would take from corporations
a method Of evading the courts
Of the state in which they operate
The ma iority report was signed
by thirteen members Of the bar
association including Federal Judge
J. J. Parker, recently refused con-
firmation when President Herbert
Hoover attempted to appoint him to
the United States supreme court.
Parker reserved judgment on a
section of the committee report ex-
pressing extreme doubt as to the
constitutionality of the anti-injunc-
ton law. 1t was because Of injunc-
tons issued by him that labor con-
Quoted its successful fight against
his confirmation
Cite Attorneys Incomes
Clark and O'Connell in their
minority report also questioned the
wisdom Of fighting all parts of bill,
so strongly supported in public
opinion as was that which now has
become the anti-iniunction statute.
The senate judiciary committee
called attention to the bar associa-
tons position last year in reporting
favorably the measure to take from
federal courts jurisdiction in con-
troversies between citizens of diff
ferent states.
The report to the senate. made
unanimously said IF this bill
should become a law it would affect
the financial income of MANY of
these attorneys. Their fees in fed
eral courts being higher than the
fees in the state courts. would have
q direct effect upon their financial
returns. Their business likewise
would be somewhat curtailed.
New Tax Bill Predicted
1t is only fair to take this mat
tera into consideration when we find
that large majority of the mem
bers of the bar opposing this legis-
lation are in fact only ATTORNEYS for
corporations and wealthy individ-
Suals, who would lose the right to
choose between courts in their liti-
gated matters, but who would like
wise lost portion, at least. of their
most valuable professional work"
Paul Rowland, Cleveland attor-
ney, and chairman of the bar asso-
citation committee, declared in the
majority report that "95 per cent Of
)the membership would be some
: what surprised to learn that they
are, for the most part. attorneys for
great corporations sand wealthy in
dividuals." The report made no
further comment on the statement
OF the senate committee.
Another committee of the bar as
ISOLATION, on federal taxation. re-
ported that congress probably will
have to write a new tax bill this
winter because "the revenue act of
1882, in the opinion of many, is I'M
likely to accomplish its purpose Of
balancing the federal budget"