ADDRESS

OF

T. H. DEVINE

AS PRESIDENT

OF THE

COLORADO BAR ASSOCIATION

Since the last meeting of this Association, the State of Colorado has been free from the chills usually incident to the disquieting influence of a regular session of its General Assembly.

On account of the war, it was necessary for the Governor to convene this august body in extraordinary session, but in the call he was so specific in his requests, as to limit its activities to the passage of a few war measures only. Even though the Governor thus wisely prevented the Assembly from entering the open field of legislative experiment, it was beyond him to make the session as brief as the call would warrant, or to prevent its members from displaying the broad, sagacious and distinguished ability that is so characteristic of them when working under normal conditions, without limitation.

However, if they could not pass many laws, on many subjects, the meaning of which would tax the astuteness and ability of our Supreme Court to declare, they could show their appreciation of the thoughtfulness of the Governor, in permitting them to again convene in Denver, by clothing that splendid official with powers broader than he ever thought were possible, and so we find in Chapter 1 of the laws of that session an act authorizing and empowering the Governor to cooperate with the Government in the matter of food control, in which they vest the Governor with all the police and regulatory powers "which are now vested, or may hereafter be vested, in the President or any other executive officer of the United States."

This may be regarded as showing some speed, but it is no faster than our legislative bodies sometimes travel when they get going under a full head of steam.

Aside from this measure, thirteen other laws were passed, but as all of them, but one, were in the nature of revenue acts, enacted as an aid to the war, there is little in the way of legislation or change in the statutory law of the State for the President of this Association to comment upon.

The one exception is the law creating a State Department of Safety. This act provides for a State constabulary of very limited numbers-two hundred men-which must be disbanded within ninety days after the conclusion of peace between the United States and the German government. This, too, may properly be classed as a war measure. It does not satisfy the long-felt want of such an organization as is provided for to take the place of the State militia in protecting lives and property at times of internal disturbances. In my opinion, no organization, outside the regular army, could be more potent for good to the commonwealth in suppressing riot and lawlessness, than a well organized constabulary of sufficient size to properly assert its strength and power when occasion required. The law is right in principle, and the only criticism of it that may be fairly offered is the limitation of its existence and the ridiculously small force that may, under its provisions, be regularly employed. However, Section 9 of the act expressly authorizes the Governor "whenever emergency shall arise," which "in his opinion shall require it," to increase the department by adding new companies thereto.

But the objection to this provision is that the new men thus to be hurriedly added, must necessarily be inexperienced in the performance of such duties as may be required of them, and it goes without saying that unorganized, untrained men cannot possibly be as effective in the discharge of the duties committed to them as could men with training and experience.

Some future legislature may recognize the faults in the present statute, and the desire of the general public, and even over the objection of the designing, truckling politician, give Colorado a Department of Safety worth the name.

The present Congress has given us important new laws as a result of our just participation in the war, but they are numerically so great, and the length of each of them necessarily so extended, that a discussion of them would not only prove irksome to you but wearisome to myself. They cover a variety of subjects, such as Selective Draft, National Defense, Conservation of Food, Trading with the Enemy, Espionage, War Risk Insurance, Soldiers' and Sailors' Civil Relief, and others which might be mentioned, all of which have a vital bearing on the person, property, civil and constitutional rights of soldiers, sailors and civilians during the present war, and are necessary, proper and important.

So far as I am advised, the constitutionality of only one of these laws has been contested-the Selective Draft Law. But the Supreme Court of the United States sustained the same against the attack made upon it, and the decision leaves no doubt of the power of the Congress to require compulsory military service under the war clause of the Federal Constitution. This decision is very important, in that it puts a quietus on the conscientious objector, to whom I shall hereafter more particularly refer, and places that unpatriotic individual where he properly belongs.

159.

This is the case of Arver vs. United States, 38 Sup. Ct. Rep.,

In the same volume, at page 98, will be found another decision, in Crane vs. Campbell, which holds that a statute making the mere possession of intoxicating liquors illegal, does not violate the Fourteenth Amendment of the Federal Constitution. This decision is of the utmost importance, because it not only recognizes the power of the State to prohibit the manufacture and sale of intoxicating liquor within its borders, but affirms the right of the

State to make illegal the importation of intoxicating liquor from other states, as well as the mere possession thereof for personal use.

The decision, following that of the same court in the case of Clark Distilling Co. vs. Western Maryland Railway Co., reported in 37 Sup. Ct. Rep., 180, in which it was held that a state may consistently with the due process clause of the Fourteenth Amendment, forbid all shipments of liquor into the State, whether intended for personal use or otherwise, forever sets at rest the power of the State to enact and enforce an absolute prohibitory law.

A very fine example of unselfish patriotism was shown by the lawyers of our State, with a few notable exceptions, during the past year, in the service they rendered in assisting Local Boards in the execution of the Selective Service Law.

Pursuant to the request of the Provost Marshal General, Legal Advisory Boards of three members each were promptly appointed and organized to serve the Local Boards in the community of their respective location, and these Local Advisory Boards at once called to their assistance all the lawyers in the respective districts to be served by them, to aid in the work assigned to them.

It was not necessary, as was proposed by the Provost Marshal General, to make a special appeal to the lawyers of Colorado to give their services to the work. The mere suggestion was sufficient. The members of the profession, old and young, with few exceptions, responded to the request with a willingness and enthusiasm that was truly gratifying. The work was arduous, painstaking and continuous, but no registrant was permitted to go without advice as to his rights and duties under the Selective Draft Law, nor was he permitted to make mistakes in answering and filing his questionnaire. The task was a stupendous one, requiring the adjournment of courts and the substantial abandonment of practice and business while it was in progress.

Some of the members of the bar were compelled to give most

of their time, at great financial loss, without recompense or recognition, but all did it cheerfully and loyally.

Without this splendid patriotic service on the part of the members of the bar, the effective working out of the Selective Service Law would have been practically impossible.

In his letter to the Governor of the State, the Provost Marshal General said:

"We have not yet given the legal profession a definite place in the organized ranks of the nation, and what is here proposed offers a chance that should be welcomed enthusiastically by every lawyer in particular and by the whole legal profession."

In answer, the lawyers of Colorado can truthfully reply: "We cheerfully accepted the place offered and enthusiastically welcomed and performed the services required of us."

In addition to the foregoing, the members of the bar were called upon to render, gratuitously, service to soldiers and sailors and their dependents, in collecting insurance under the War Risk Insurance Act, and also to participate in a speaking campaign in each county to urge the purchase of War Savings Stamps and certificates, and thrift stamps, and to render legal service to soldiers and sailors under what is termed the Soldiers' and Sailors' Civil Relief Act.

All these duties were performed with the same zeal and patriotic spirit which characterized the service first referred to.

The unanimity and fervor with which the members of the Colorado bar have taken "their definite place in the organized ranks of the nation" in the present emergency, must for all time reflect credit and honor upon the State of their residence.

Owing to the peculiarity of the times, I feel I should turn from the usual in addressing this body, and devote a part of my time to matters which are of the gravest importance to us, and