The state rights democrat. [volume] (Albany, Linn County, Oregon) 1865-1900, 1881-01-07
lEaIslA1Ios y rnn rsIrEn srArEs.

reviews tho legislation OF the country
for the past year. Speaking of the
tendency Of our law-malers toward a
belief that it is their duty to make
statutory relief for every human i'll, he
says; "Tor almost every kind Of grie-
vance, public or private, lately come
into notice, somo supposed remedy may
be found in tho new volumes of statute
law" OF this vast amount Of legisla-
tion ho says we may find "* = some
that is useful and in harmony with the
spirit of progress some that is anus
ing, not TO say absurd much that
right-minded people, especially lawyers,
must condemn many curious and orig
inal statutes como whose policy will
give the political economist and the
moralist food for discussion and some
whose constitutional validity will GER
tainly be denied by tho courts" In
the course Of an able condemnation Of
the practice of special legislation, he
notices that it has received many re-
cent checks, and is far less prevalent
than formerly. Two statutes of this
class are worthy of mention. The leg
islature of Virginia passed an act grant
ing power to the principal Of u high
school ''to confer such certificates OF
proficiency and distinction as ho may
think proper to promote the cause OF
education" The legislature of South
Carolina passed an act admitting John
Smith and Thomas Jones TO the bar
the one being under twenty-one years
of age and tho other not having com
pleted the two years study prescribed
by the genornl laws Of that State. Oh
these he remarks that "it WAS hardly
beftting the dignity Of the Legislature
Of sovereign State" Z. occupy lie
time in such enactmcnts.
Reviewing The legislation of the Pa
cifc States relating to tho Chinese, he
reaches several om illusions that m,
hardly encouraging Io the efforts ot
those who hoped IS making laws L
drive tie Cr,estia's hoiu our shorea
In every Instance where tests have beer
fairly made OF nets discriminating
against tie Chinese their validity Ina,
been greatly qgost.u4el, .l.d generally
decided against. Tie Principal ground.
are those Of ihc Fourteenth Amend
ment and Art, e NJ or tho Bnrling
amo Treaty. Suea legislation mus
come, to be cii.al,aal, from tie Genera
Government, and TO State Legislation
can ever accomplish IT, II has beer
held that the Eot,if game Treaty put
the Chinamla upon &c s-u.e footing il
this country as thc German or Irish
man aud under the Fourteentl
Amendment 10 State legislation cai
impose uuy discrimination betwcei
them. Many references are made Il
the numerous laws Of this class passe,
bY the Pacific States, and shown t,
come under the principles ai'oye stated
II IS evident that sonc more eilicicn
method must be found for dealing will
this evil than that of passing invali,
statutes IL our State legislatures, onll
to have them so declared by Unite,
States Courts In concluding this sub
ject Mr.. Bfistow says: alt seem
pretty well settled that any State ac
;ion looking to the degradation or tx
palsion Of the Chinese must hc incl
fectual'
In speaking Of the state CT Bankrup
and Insolvent legislation since the re
peal Of the National Bankrupt law, h
deplores the present imperfect and inef
iicient attempts Of .he States to suppl,
the place of the less imperfect Nationa
law calls attention to the necessity O
a uniform law of bankruptcy for {
great commercial people, and the evil
growing ont of diversified State enact
ments. He munitions several bills a:
having been presented to Congress By
able lawyers to meet this necessity, anC
expresses the hope that from some O
them Congress will be able to frame M
adequate and comprehensive statute
that will prove efficient
OF the changes in the New Yorl
Code, which at first excited SO Ducf
opposition from the profession in thai
State, he says that since they have be
come better known they have begun tC
be considered in their true light, as i'm
provefnents upon the old Code, and
congratulates that State upon possess
ing one Of the most complete systems
of procedure known.
Considerable space is devoted to the
important topic Of railroad legislation
and an interesting review is given oi
the efforts to settle the problem by
statutory remedies. Among those Of
recent passage that of Georgia is the
most comprehensive, and it's results
will be awaited with interest. That
State appoints board of commissioners
with power to visit and investigate all