that Governor Burke wanted the expression of the bar of this state on this subject. If I had not I would not have come to this meeting and I would not have taken part in these proceedings. That was my understanding, it may be that the other gentlemen are better informed on that subject but anyhow I believe the time has come for us to go on record and show the people where we stand, to go on record so that every gvernor in the future will know that this bar may have something to say in these matters.

But my friend says Governor Burke is a superior man. Granted. Is that a reason why the Bar Association should be silent?

It is true, I concede, as my friend Bangs says, that I came here today with a feeling perhaps of partisanship with reference to two men for these positions, but my judgment is subject to be changed, as I trust my judicial minded friend Lovell's mind is subject to be change. I am not so firmly wedded to those two men that I am afraid to let this association say whether they favor them or disfavor them. And I don't think that if this association presents a list of names to Governor Burke and say to him that they believed a selection should be made from them, that he will take it amiss, and I have known Governor Burke for a great many years.

I hope you will vote down this substitute.

The President: Any further remarks on the substitute motion? Mr. Wolfe: I don't want to make a speech as it may go on record but I wish to say a few words upon the subject in hand. Mr. Hildreth wants us to go on record. The truth is we are on record, if we were not we could do business as a Bar Association but here we are with our hands tied.

I

I have honestly recommended two men to Governor Burke. know John Burke and know him well. He is not of my political faith but I have confidence in him. I have honestly recommended two men to the governor of this state. Can this Bar Association tell me I have made a mistake, that I do not know the two men that I have told Governor Burke are qualified? Can I stand here and tell you or any other man that?

The trouble is that we have done just exactly what these gentlemen are asking us to do today. It don't make any difference whether we did it as individuals or as a bar association, we have made our recommendations to Governor Burke, and if we have not done it in good faith there, then we cannot do it here, and if we have not been honest with the governor in our private capacity, we cannot be here.

I think it is no part of the business of the bar association to first. settle the business privately, settle it in the way it ought to be settled by making recommendations to the governor and then come here. and undertake to unsettle it in the interests of certain particular men.

I am in favor of the substitute motion for this reason: It savs to the governor, every man of us who is here attending this meeting of

the association recommends to you over again the same men he has recommended to you before. In other words, he feels that he is honest and fair in his recommendations, and he stands by them, and it is the only honest course to take.

The President: How shall we vote?

Mr. Hildreth: Call the roll; the question is on the substitute motion made by the member from Grand Forks.

The President: Is it agreeable that the roll shall be called?
Several Members: It is.

The President: The secretary will call the roll. Those in favor of the substitute will vote aye, those opposed, say no.

(Roll is called and substitute motion is lost by vote of 20 to 21.) Mr. Hildreth: I now move the original question which is upon. the amendment of Brother McCue.

The President: As I understand it, the original motion was amended by General McCue, and the amendment is before the house. Are there any remarks upon that?

(Cries of 'Question!' 'Question!')

Mr. Carr: I move to amend the amendment by changing the number from two to twelve.

Mr. Hemmi: I second the motion.

The President: The question is on the amendment. If there are no more remarks those in favor of the amendment will vote aye on the roll call and those opposed vote no.

Mr. Greene: I want to offer a substitute for the whole business. Mr. Hildreth: I rise to a point of order, the point being that after a substitute motion has been disposed of you cannot make another substitute motion until there has been some intervening business.

Mr. Bangs: There has been an amendment to the amendment moved and a motion for substitute is now in order.

The President: I don't know whether it is or not. My idea is that the substitute motion would not be in order. There is a correct parliamentary practice

Mr. Hemmi: I move that you take a standing vote on the amendment to the amendment.

Voices: Call the roll; call the roll.

The President: I will hold the substitute not in order and you will call the roll upon the amendment.

(Amendment is lost.)

The President: Now the question comes upon the amendment as made by General McCue which is that a committee be appointed. and the two names be selected. Those in favor of the amendment say aye, those opposed no.

(Upon roll call amendment is lost)

The President: The amendment is lost. Now the question is, as I understand it, on the original motion of Mr. Hildreth, and that is

that a committee of five be appointed to select names of such members of the bar that may be desirable and report them to this convention; of course, it is lawyers of this state.

Mr. Greene: With respect to this motion of Mr. Hildreth's I don't believe that is the proper way for this association, going upon the theory that seems to prevail here and the spirit of this discussion to go to work to select these names. It seems too much like a political convention or a caucus.

I believe the best plan would be to limit the number of names to be presented to the governor to six. In that number you secure a fair representation of the talent and learning of the members of the bar of this state for the positions. A lesser number might seem to be unfair both to the governor and the profession.

I suggest this plan and wish you would take it into consideration in voting upon Mr. Hildreth's motion. I would suggest that before these six names be certified to the governor as having received the endorsement or approval of this association, there be a presentation of all the names of the candidates for these positions. When those names have been presented each member be requested to cast. his ballot for ten of the names, as his choice out of the entire number. When that vote has been canvassed there be appointed a committee of seven men, none of whom shall be candidates, to whom sall be referred the ten names. If there is a person who has any objections to present let him bring them before this committee and let the committee exercise their judgment, or if they have no complaint let the committee eliminate names in order to bring it down to six names, and report these six names to the meeting for its approval.

In that way I think you will have recommended a sufficient number of names to be fair to the governor and to the bar and you will have eliminated an open discussion of any man's demerits. I hope the motion will be lost for that reason.

Mr. Lauder: I object very emphatically to the program as outlined by Mr. Greene. I want nothing to do with any proceeding that partakes in any respect of a star chamber proceeding. It is unfair to the candidates, it is unfair to their friends. We have reached the conclusion that we shall make some kind of recommendation to the governor. If that be true let us take hold of it in a straightforward manner.

The vote also shows that we are not disposed to limit the number of recommendations to two candidates, but we are to present to the governor a number of names from which he in turn will make the selection.

We are here, there are not many of us, that is true, but inasmuch as we have embarked on this question, let us go at it openly. I will embody my view in a resolution that any member here present may have the opportunity of presenting a name here and have it voted upon as being one whom the association will recommend to the gov

ernor, and if anyone thinks that a name suggested here is improper he has the right to go up and give his reasons for opposing it and can demand a vote taken upon that particular name.

That is the fair and that is the open way. I am emphatically opposed to having a committee acting in a star chamber capacity eliminating any of those names. I don't want them to eliminate any name I suggest; if that is done I want to know about it.

(Cries of 'Question,' Question,')

Mr. Lauder: Each member of the association may present a candidate. If there is any objection to him at all, upon objection being raised a vote can be had here in open meeting.

Mr. Greene: I want the gentleman from Richland to understand that there is no intention of any star chamber proceeding about it at all. There are those here who would hesitate to sail into the reputation of any man. I don't think it would be agreeable. I know names will be mentioned that are objectionable and I don't know of any more gentlemanly way of proceeding about it.

The committee are not to pass their final vote. They are to present the names to this association, and if they do not wish to approve it they do not need to do so.

I offer this as a suggestion. I say that it is better to leave this thing this way. If it is the object of this association to act fairly and honestly and select the very best timber, there is no reason why a fair method of elimination should not be adopted. These men know they cannot all be appointed, and I think my plan of elimination would be just and fair to each one.

Mr. Hemmi: I move the previous question.

Mr. Lauder: I hope the gentleman will withdraw the motion; we have now been kept until the train is gone. I want to reply to Mr. Greene. I cannot consider his proposition in any other light than as a star chamber proceeding. I present a name, we will say, and it goes to this committee and they drop it out. I am not there to know why, all that I know is that the report comes back with the name eliminated

Mr. Koffel: I rise to a point of order, the question of the gentleman from Minot is not before the house. The question before the house is the original motion made by Mr. Hildreth.

The President: I think the point of order is good. We will now vote upon the original motion.

(At the request of the president the original motion is read, as follows:

'I move that a committee of five members of this association be appointed by the chair to make a selection of such members of the bar of the state of North Dakota as in their judgment come up to the resolution which has been read by the Honorable Secretary and report their names to this association for consideration.')

Mr. Hildreth: With the permission of my second I would like to strike out the word 'selection' and put in the work 'recommendation.' Let us have it understood. My friend Lauder thinks this will be a star chamber proceeding. He knows there is no man in this state that would fight harder against such a resolution than myself if it were. Let it be understood that this committee is open to hear from any human being in this room and to make any suggestions they please and to suggest as many names as they please. Then the committee will go over the names and present ten or fifteen or twenty to this honorable body.

Mr. Bangs: Of course I was in favor of the substitute but as that was lost and the decision is that we must take some action I would suggest that the committee be appointed with no limit on the number they recommend to the association. I am in favor of the motion.

The President: Call the roll upon the original motion. (Motion is carried.)

The President: I suppose it devolves upon me to appoint the committee and I propose to appoint five men who have taken part in this discussion, and I am not trying to subserve any interest in the selection of this committee. I am going to appoint Mr. Hildreth as chairman, Mr. Bangs, Judge Lauder, Mr. Greene and Mr. John Knauf. (The committee thereupon withdrew to perform their duties.) (When the committee was ready to report the meeting was again called to order by President Register.)

Mr. Hildreth: As chairman of the committee to make a report I may state that the committee have considered the names of all the candidates whose names were presented to them by the different members of the association and we have embodied our report in writing. I now call upon Honorable John Knauf to present the report of the committee, which I will state for the benefit of the chairman and of the association is the announcement of the report of the five members of this committee that you designated by your motion. Mr. Knauf: Your committee appointed to suggest names for your consideration beg to report the following names, to-wit: I will first read the democrats, John Carmody, Herman Winterer, V. R. Lovell, Lee Combs, Jeff Myers, George A. Bangs; as republicans, F. W. Ames, S. E. Ellsworth, A. G. Divet, M. H. Brennan, C. M. Cooley, and George W. Newton.

Mr. Hildreth: Mr. Chairman, I move you the adoption of the report of the committee.

Motion is seconded.

The President: You have heard the motion and it has been seconded. Are there any remarks?

Mr. Wolfe: I did not hear the name of Daniel B. Holt among the democrats and it was certainly presented to the committee.