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moned by the court, he may be cross-examined regarding his report by counsel for both parties.

SEC. 5. Consultation of Witnesses.—Where expert witnesses have examined the person whose mental condition is an element in the case, they may consult before testifying, with or without the direction of the court, and may prepare a joint report to be introduced at the trial.

REPORT

OF THE

COMMITTEE ON COMMERCIAL LAW.

To the American Bar Association:

Your Committee on Commercial Law reports as follows:

I. PRELIMINARY. The United States Senate printed the last annual report of the Committee on Commercial Law of the American Bar Association as Senate Document No. 605, Sixty-third Congress, second session. That report was thereby given wide publicity.

II. BANKRUPTCY. By the expiration of the Sixty-third Congress the various pending bills to either repeal or amend the National Bankruptcy Act died. In view of the fact that at every session of Congress bills to repeal the National Bankruptcy Act are introduced, your committee feels that the American Bar Association should pass a resolution renewing its adherence to this statute and authorizing your Committee on Commercial Law to oppose any measure that may be introduced into the Sixty-fourth Congress to repeal the same.

III. NATIONAL LEGISLATION AS TO RECIPROCAL Rights, DUTIES AND OBLIGATIONS OF COMMON CARRIERS AND SHIPPERS

IN INTERSTATE AND FOREIGN COMMERCE. Your committee in its last report pointed out that Cummins Senate Bill No. 4522 had passed the United States Senate on June 4, 1914. Your committee further reported that it could not recommend the passage of said bill in the “ form” in which it had passed the Senate, and in lieu thereof recommended the passage of a law by Congress creating a commission to codify the law as to the reciprocal rights, duties and obligations of common

carriers and shippers in interstate and foreign commerce rather than to remedy any evils by "piece-meal” legislation. The American Bar Association indorsed the recommendation of the committee for the creation of such commission. Notwithstanding the crudeness of the Cummins Act as it passed the Senate, the same was enacted by the House of Representatives on March 4, 1915, in the exact form in which it had passed the Senate and was signed by the President.

The crudeness of this measure threw the whole subject of limitations of liabilities of common carriers into such confusion that the Interstate Commerce Commission ordered an investigation and the whole subject was submitted to the Interstate Commerce Commission on April 20, 1915, and decided May 7, 1915. The opinion of the commission is reported in 33 I. C. C. R. 682. A copy thereof is hereto attached and marked " Exhibit A” for your information.

Your committee recommends that the American Bar Association adopt a resolution in substance as follows:

(a) To authorize the executive committee of the American Bar Association, in its discretion, to appropriate a sufficient sum of money to enable the Committee on Commercial Law to employ a draftsman to prepare a tentative draft of a bill as herein after described;

(b) That if the executive committee shall appropriate said money, said Committee on Commercial Law shall be authorized to employ a draftsman to prepare a tentative draft of a bill codifying the law covering the reciprocal rights, duties and obligations of common carriers and shippers in interstate and foreign commerce;

(c) That if said Committee on Commercial Law shall employ such draftsman, said tentative draft of said bill shall be prepared under the supervision and direction of and subject to the revision of said committee; and

(d) That when said tentative draft of said bill shall have been completed, said committee shall submit same at some future meeting of the American Bar Association for its consideration and action.

IV. NATIONAL LEGISLATION ON BILLS OF LADING.

The bill “ To Make Uniform the Laws of the Various States on Bills of Lading," recommended by the Commissioners on Uniform State Laws in National Conference and indorsed by the American Bar Association, has now been passed in fifteen states and one territory as follows: Alaska, Connecticut, Idaho, Illinois, Iowa, Louisiana, Maryland, Massachusetts, Michigan, New Jersey, New York, Ohio, Pennsylvania, Rhode Island, Vermont and Washington.

The Pomerene Bill relating to bills of lading in interstate and foreign commerce was modeled on the Uniform State Act and indorsed by the American Bar Association on several occasions and has now been twice unanimously passed by the United States Senate. It has been indorsed by practically every commercial organization in the United States and particular attention is called to the fact that it has been indorsed by the Fifth International Congress of Chambers of Commerce and Commercial and Industrial Associations, the Chamber of Commerce of the United States, The National Industrial Traffic League, The Grain Dealers National Association, the Millers' National Federation, The American Bankers' Association, The National Association of Tanners, The National Implement an{ Vehicle Manufacturers' Association, The National Paint, Oil and Varnish Association, The National Piano Manufacturers' Association, The National Poultry, Butter and Egg Association, The National Shoe Wholesalers' Association, The National Electric Lamp Association, The National Petroleum Association, The National League of Commission Merchants and The Council of Grain Exchanges of North America.

Notwithstanding the unanimous indorsement of the Pomerene Bill by all commercial organizations and that it has twice unanimously passed the United States Senate, yet it has encountered difficulties in getting any consideration in the House of Representatives. Sections 2, 3 and 10 of the Pomerene Bill contained provisions relating to the form and contents of bills of lading and as to them the Interstate Commerce Commission has expressed an opinion to the Chairman of the House Committee on Interstate and Foreign Commerce that the subject matter of said Sections 2, 3 and 10 is already amply provided for in the pro

visions of the act of June 18, 1910, amending and supplementing the Act to Regulate Commerce as to the issuance, form and substance of bills of lading, but the Interstate Commerce Commission offered no objections to the other provisions of the Pomerene Bill. Your committee concedes there is much force and merit in what has been said by the Interstate Cońmerce Commission as to said Sections 2, 3 and 10 of the Pomerene Bill and as their presence has proven an insurmountable obstacle to the

passage

of this legislation in the House, your committee recommends that they be omitted. Your committee has appended hereto as a part of this report as " Exhibit B” said Pomerene Bill, with Sections 2, 3 and 10 omitted. Your committee has likewise made slight changes in the title to the bill and in Sections 14, 20, 21, 37, 45 and 46 as numbered in “ Exhibit B” hereto attached which are, however, merely for the purpose of perfecting the bill in the light of practical criticism, the provisions of the Interstate Commerce Act, and the decisions of the Interstate Commerce Commission and of the courts.

Your committee has studied with much interest “ The History and Present Condition of the Bill of Lading," by Mr. W. P. Bennett, published by the University Press, Cambridge, England, in 1914, being the York Prize Essay for the year 1913.

Your committee recommends that the American Bar Association indorse the “Bill Relating to Bills of Lading in Interstate and Foreign Commerce” hereto attached and marked “Exhibit B.”

V. UNIFORM COMMERCIAL LEGISLATION THROUGHOUT THE

COMMERCIAL WORLD. A Pan-American Financial Conference was held in Washington, D. C., May 24-29, 1915, under the auspices of the United States. In addition to the United States being officially represented at this Conference, there were representatives present from the following 18 West Indian, Central and South American Republics; Argentina, Bolivia, Brazil, Chile, Colombia, Costa Rica, Cuba, Ecuador, Guatemala, Honduras, Nicaragua, Panama, Paraguay, Peru, Salvador, San Domingo, Uruguay and Venezuela.

This conference took action looking toward uniformity of legislation throughout the commercial world in regard to, among

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