The Gazette 1907-8

The Gazette of the Incorporated Law Society of Ireland.

DEC., 1907]

67

land. But, judging from its reports, its habits are subterraneous—it works, no doubt, assi duously, the whole year round, but under ground and in the dark, and only twice yearly does it appear on the surface. On these occasions it naturally finds the light distressing, but after mature deliberation it resolves to use as its only illuminant the reflected brilliancy of its members' appointments. The fact that it has had no voice in the making rather adds to the charm of the using, because of the satis faction that always follows the union of virtue and economy. The membership of the Incor porated Law Society, as appeared by the Calendar for the year 1907, was 696. Of that 696, 34.7 were admitted as solicitors within the past 17 years, and these form Class i in his scheme; 172 between the previous 10 years, i.e. between 1880 and 1889 : these form Class 2 in his scheme ; and 176 prior to 1880, and these form Class 3 in his scheme. Making a similar division into classes, the constitution of the present Council is as follows :—3 ad mitted within the past 17 years, 13 admitted between 1880 and 1889, and 15 admitted prior to 1880. That means that the 347 members of the Society admitted within the past 17 years have 3 representatives on the Council, one of whom resides in the West of Ireland, and another of whom is the second member of the same firm having representation on the Council. The 172 members admitted between 1880 and 1889 have 13 representatives on the Council; and the 176 members admitted prior to 1880 have 15 representatives on the Council. Two elements are fundamental to every election :— (i) the franchise of the electors; (2) the qualifications of the persons to be elected. From a consideration of the charter of the Society he was convinced that the franchise cannot be altered. As to the qualifications of the persons to be elected, did the Charter per mit of any alteration in the method of election ? He thought it was abundantly clear that every power was given to the Society to change in any way the method of election, or to alter any by-law in existence. He did not propose to take away, alter, or destroy any of the essentials of the Charter, viz.:—(i) that there shall be thirty-one members; (2) that the members should be chosen by a majority of votes. He simply proposed to add to the by laws, that in the choice of those thirty-one can didates they shall be divided into three classes, so that each member of the Society—especially those in Class i—could recognize at a glance at least one of the qualifications of each can-

" That for the purpose of carrying out the said alteration and additions in Rules 29 and 30, all consequential alterations, additions, or amendments in the subsequent Rules may be made." THE PRESIDENT said that while they were very pleased to have a discussion as to the composition of the Council, and the way it should be elected, the motion could not, on the present occasion, proceed to accept ance or rejection. He had been advised that the motion was inconsistent with, and repug nant to, the Charter, and, therefore, ultra vires. He would allow Mr. Rooney to give his views and discuss the matter in a friendly way. MR. ROONEY said it was not his intention to press his motion to a division that day; but he wished to explain his proposal. As he took it, the Chairman's point was that, under the Charter, there was an inherent right in every member of the Society to select any thirty-one candidates he might choose from among the members, and that no by-law has any right to restrict such selection. If the Chairman were right, he must admit, as a logical sequence, that by-law 30, upon which his amendments were founded, is absolutely ultra vires, for it declared that every candidate must be (i) a solicitor in actual practice, (2) holding a certifi cate for the current year, (3) admitted at least seven years previous to day of election. Every single point was on the Chairman's ruling a violation of the charter. Again, the Chairman's argument is founded on the word "manner" in the charter, which he holds must refer to nomination, ballot, and such-like matters. But the words are "manner of electing," not " manner of voting," and I think that this is where the real confusion has arisen. Every man had a right to vote for thirty-one mem bers ; but it was absurd to say that every man had a right to elect thirty-one members, for the election did not depend on any one mem ber, but on a majority of the votes of all 'the members. Proceeding, Mr. Rooney said that, roughly speaking, his suggestion was to re organize the Council by the introduction of a limited supply of new blood. This suggestion was made by others at the General Meeting in 1905, at the General Meeting in 1906, and at the May Meeting, 1907. Might he suggest a few reasons why reform is necessary ? Con sider the position in Ireland which the Incor porated Law Society occupies. It is eminently respectable ; it bears on its jace the stamp of antiquity; and it supervises with police-like efficiency the morals of the solicitors in Ire­