Association and that it backs an absolutely worthy project, but I am also satisfied that if we follow the advice of the honorable Chairman of the Committee we are going to meet defeat. Mr. Schaetzel is partly right in what he says. We are not here to control public opinion; we are here to create it, and the question is how rapidly do we care to create it with any hope of success in our objective. As the Chairman of the Committee says, the thing for us to do is to submit this report to the different local bar associations of this state for the purpose of education, but I should like to inquire, education in which direction, for the report or against the report? When the American Bar Association put this plan out throughout the legal profession of the country it did not do it by taking a referendum, it first decided upon what it believed to be a wise policy, and then it asked the state bar associations to adopt that also. Now if our ultimate objective is really to see such a project as this enthroned among the laws of the state, then we ought to give to the local bar associations some inkling of the position which we hold, and if we do not do it, we simply leave it to the chance of debate without any leadership, without any suggestion, indeed with the thought working in the minds of those who belong to the local bar associations that the State Association does not approve the plan, because it did not dare to express any approval.

Now we have here in this resolution three paragraphs. The last two I think most of us are agreed should not be adopted at this time, and if anyone fears that the first paragraph is too drastic, let me suggest that we adopt it simply in principle, if we do not care to adopt it in detail, but let us go before the bar associations. of this state with some recommendation, for they will be looking to us for a recommendation, and the very first question which they will ask will be that with which we went to the American Bar Association, what position has the central or parent body taken upon this question.

I therefore wish to move, notwithstanding the withdrawals that have been made, as a substitute for all pending motions, that the report of this Committee be accepted and placed on file, and

that its recommendation number 1, contained in its resolution, be adopted in principle.

This motion was seconded.

PRESIDENT GAST: You have heard this amendment, that paragraph 1 be adopted in principle.

JAMES H. PERSHING: I wonder if the mover of this motion has in mind the suggestion at least that is contained in the Committee's final report. I am afraid the adoption of this motion would leave the matter more in the air than the original motion. If this were adopted, if it is insisted upon, and the matter is carried before the various local bar associations, the motion should carry something of more weight than the mere ratification of this, to the effect that the report is adopted-at least to that extent― that the report as presented here was favorably reported for further discussion and further consideration at the next annual meeting of the State Bar Association.

L. WARD BANNISTER: I will accept that, that the Committee be continued and that it communicate with the local bar associations for the purpose of inducing them if possible to support the project.

The motion as amended was seconded.

PRESIDENT GAST: Will you restate that, for the accuracy of our record, Mr. Bannister?

L. WARD BANNISTER: I move as a substitute for all pending motions that the report of the Committee be accepted and placed on file and that paragraph number 1 of its resolution be adopted in principle; that the Committee itself be continued, to lay the entire matter before the local bar associations of the state and urge its acceptance by them.

H. L. RITTER: I would like to understand what is meant when it is said "adopted in principle." That is rather indefinite

to my comprehension, when the first paragraph says, "That the plan of State Bar Organization proposed in 1920 by the American Bar Association, through its conference of Bar Association Delegates, be ratified and approved by The Colorado Bar Association." Now the motion is that that be approved "in principle." If you approve it in principle I do not see how you escape the argument that the whole plan, which embodies the bill, has been approved.

W. F. DENIOUS: The bill is not a part of the plan of the American Bar Association.

L. WARD BANNISTER: If I may be permitted to answer Mr. Ritter: The Chairman of the Committee announced that the bill which had been prepared differed to a small extent from that referred to in paragraph number 1. Now we might agree with the thing in principle without agreeing in every detail. Indeed it is evident that the Committee does not agree in every detail with the plan referred to in paragraph number 1. Hence my motion.

PRESIDENT GAST: The question is on Mr. Bannister's motion. None of you, I take it, require its restatement.

Vote was here taken on the motion of Mr. Bannister, and the motion prevailed.

C. B. HORN: I should like to suggest to the Committee that presents this report that they study the last portion of section 12 of the bill in the light of the conclusions arrived at by the President in his able address this morning.

PRESIDENT GAST: That, the Chair understands, disposes of the report.

Is the Committee on Judicial Ethics ready to report? Judge Symes is the Chairman.

J. FOSTER SYMES: The report of the Committee on Judicial Ethics is printed in the pamphlet, which you all have. I do not

know, Mr. President, whether it is the pleasure of the assembly to have that read or not.

PRESIDENT GAST: It has been published.

(See Appendix, page 367.)

J. FOSTER SYMES: It is rather lengthy, especially the canons of judicial ethics. It has probably been studied by many of the 'members of the Association, it having been published in the Journal of the American Bar Association on more than one occasion. Unless it is desired that the report be read I will submit it as printed in the pamphlet. There is simply one word I want to say in addition. At the time this Committee made and adopted its report, final action on this proposed Code of Judicial Ethics had not been taken by the American Bar Association, and you will note in this report that we recommend that this Association defer any final action until after they have acted. Since the writing of this report, as some of you know, the American Bar Association has adopted and ratified the proposed Canons of Judicial Ethics, consisting of 34 canons, and certain ancient precedents and a preamble. A minor change was made in canon number 13, I believe.

As this report stands before you now it is in favor of the canons as adopted by the American Bar Association after many years of consideration, with the exception that we call your attention particularly to canon 28. Canon 28 is the one which relates. to political activities or partisan politics on behalf of those holding judicial positions, and perhaps I may read that portion of our report only which refers to that, which is the concluding paragraph, on page 34:

We invite particular attention to canon 28, entitled "Partisan Politics." We are at the present time of the opinion that it would be unfair and illogical to adopt this particular canon in its present form. As long as our state judiciary is elective, some political activity during the campaign is necessary and desirable, especially by those members of the bench seeking re-election.

I submit the report for such action as the Association may desire to take.

PRESIDENT GAST: What shall we do with the report? No motion in regard to it is before the house at the moment.

SAMUEL H. KINSLEY: What I am about to say perhaps will have been better and more properly said in discussion of the report of the Committee on Judicial Procedure. But if parliamentary rules as observed by the House of Representatives were to be regarded here, I might move to strike out the last word of this report and then talk upon any subject that I pleased.

I agree with Mr. Hilliard that Congress is not what it used to be. I would go further and say that Congress is not what it ought to be, and what it would be if certain aspirations of members of this Association had been gratified at the recent pri

mary.

But I think that I may address myself to canon number 6 of the several canons which are recommended for adoption by this Committee, which reads, as to the duties of a judge,

He should exhibit an industry and application commensurate with the duties imposed upon him.

In the few minutes that are allowed to me for discussion I should like to make application of that to the report of the Committee on Judicial Procedure, and in some measure reply. though not with the intention of refuting, to the remarks made by Judge Allen, "as a humble member of this Association"-but we could not forget, and I think he did not forget, that he is also a distinguished member of the Supreme Court of the state of Colorado.

The body of the report of the Committee on Judicial Procedure advised that a new committee be appointed to make recommendations to the judges of the Supreme Court for the adoption of such rules as would advance the administration of justice.

Of course we are all proud that our Supreme Court has been so deligent and has cleaned up its docket so that on the recess taken