that is, a doubt which a reasonable man in the performance of a solemn duty in a matter of grave concern to himself, or to the commonwealth, might have, after a calm, full and dispassionate consideration of the entire matter. It is such a doubt as would cause such a man as a judge, to hesitate to overthrow a statute duly enacted, either by the people by direct legislation, or by their representatives, and would not declare such statute unconstitutional unless compelled so to do by the rules and canons of construction, and by his oath of fidelity and obedience to the constitution. In deciding whether an act of the legislature is unconstitutional, the court cannot so find, unless the conclusion is reached "to a reasonable and moral certainty; a certainty that convinces and directs the understanding and satisfies the reason and judgment of those who are bound to act conscientiously upon it." Commonwealth v. Webster, 5 Cush. 295; approved in If the opinion written more than ten years ago, when no pungent criticism was made, may in some degree assist the court to a just and correct determination, I shall feel that I have performed a duty that I owe to the court, and that I have discharged in part an obligation to the public as well. For this reason I have asked leave to submit this opinion, with this note, for the consideration of the court. WM. D. FENTON. Dated December 18, 1909. The sixth annual meeting of the Pacific Coast Branch of the American Historical Association was held in the History Building, Stanford University, Cal., November 19 and 20, 1909. In the absence of President Benjamin Ide Wheeler, who was in Europe, the Vice-President, George H. Himes, Assistant Secretary of the Oregon Historical Society, Portland, presided. The General Session began at 2:30 P. M. on the 19th. The papers presented were as follows: I. The Self-Government of the Elizabethan Period, by Prof. S. L. Ware, of Stanford University. 2. Colonial Opposition to Imperial Authority During the French and Indian War, by Prof. E. I. McCormac, of the University of California. 3. The Mennonite Immigration of 1874, by Prof. E. B. Krehbiel, of Stanford University. 4. Notes on Roman Imperialism, by Prof. R. F. Scholz, of the University of California. The annual dinner occurred at 6:30 P. M., with Prof. E. D. Adams, of the Department of History, Stanford University, presiding. At the close of this function Mr. Himes gave the Presidential Address, his subject being "The Historical Unity of the States West of the Rocky Mountains." Brief addresses followed by Prof. J. C. Branner, of Stanford University; Prof. Bernard Moses, of the University of California; George E. Crothers, San Francisco; Prof. Edmond S. Meany, of the University of Washington; Prof. Jeanne E. Wier, of the University of Nevada; Prof. T. C. Knowles, of the University of Southern California; Prof. J. N. Bowman and Prof. F. J. Teggart, of the University of California. The Pacific Coast History Session began at II o'clock the second day. The papers presented were as follows: 1. Captain Arthur Phillip, First Governor of New South Wales, by Prof. P. J. Treat, of Stanford University. 120 2. The Intendant System in New Spain, by Prof. Don E. Smith, of the University of California. 3. The Discovery of the Lost History by Father Kino, by Prof. H. E. Bolton, of Stanford University. The Towns of the Pacific Northwest Were Not Founded on the Fur Trade, by Prof. Edmond S. Meany, of the University of Washington. 5. The Early Missouri Fur Trade, by Prof. F. J. Teggart, of the University of California. The Teachers' Session began at 2:30 o'clock P. M. The general subject was "Ancient History in the First Year of the High School," and the following papers were presented: I. Methods of Teaching Ancient History to Beginners, by Prof. H. W. Edwards, Berkeley High School. 2. Points of Contact Between Ancient History and the Present, by Prof. W. C. Westergaard, Alameda High School. General discussion followed. The business session was held at 4:00 o'clock P. M., and officers for the ensuing year were elected, as follows: President, E. D. Adams, Stanford; Vice-President, Edmond S. Meany, University of Washington; Secretary-Treasurer, J. N. Bowman, Berkeley; Council, the foregoing officers, and H. E. Bolton, Stanford; Miss Jeanne E. Wier, University of Nevada, Reno; Miss Agnes E. Howe, San Jose State Normal School; E. I. McCormac, University of California. The Secretary was instructed to gather the material for a report on the State and Local Historical Societies on the Coast, to be presented at the next meeting. The Council was authorized to appoint a committee of two to meet with other similar committees to discuss the feasibility of annual meetings of scientists, learned and technical societies of the Pacific Coast, at the same time and place. The next meeting of the Pacific Coast Branch will be held in Berkeley on November 18-19, 1910. |