Lancaster daily intelligencer. [volume] (Lancaster, Pa.) 1864-1928, 1881-12-03
Aarlraster fntelltqenrer.
EVENING, DEC. 3. 1881,
Chances In the Ststutes.

Changes In the StstRtes.
The president of the American Bar a.
sociation, which meets every year in Sara
toga, is charged with the duty of review
ing in his annual address the noteworthy
changes in the statute law since the last
meeting. This duty, if we'll performed, is
no slight one in magnitude, and one of .
very great deal of importance to the legal
profession, since there is no publication or
digest which takes this scope. What in
terest eau be given to such a compilation
and how admirably the duty of making it
may be performed, is we'll illustrated by
the last address delivered before the asso-
citation by Edward J. Phelps, of Vermont,
and published in the proceedings Of the
fourth annual meeting. Inasmuch as only
five states-Maryland, Virginia, Louisi.
ana, Iowa and Kentucky-escaped legis-
lative session last year, and only Califor-
MIA was relieved from law-making by an
irrefragible deadlock in its Assembly, no
single address could digest and classify
the incongruous mass of legislation i'm
posed by the lawmakers of a single winter
upon their suffering constituencies. In his
address, however, President Phelps sue
ceeded in SO fully comprising the main
features Of the new statutes that it is
worthy place in the legal literature of the
country. We are surprised that no legal
publication has given it and the whole Sc
ries of these yearly reviews Of tue statutes
permanent Judgement. Their plan sug'
gests the value, if not the necessity, OF the
yearly publication of some digest which
would give birds eye view at least oi
the changes in the statute laws of the ma
ton and of tho thirty-eight states
Nothing can be more important to law
yers and publicists than to scan and care
fllly weigh the general tendencies of legis
lation in these days. Much of it is super
ogatory, some hur.ful, some senseless, and
a small part Of it rendered necessary by
the development of the country, the ex'
tension of its institutions and the increas
ing variety of our interests. Little that
swells the statutory year books is due to
the enlarged intelligence of legislators, and
much is monumental Of their folly and
short-sightedness. Chiefly by way Of
warning is the history of statute making
to be studied with profit.
In reviewing the legislation Of last veal
Mr.. Phelps finds only two federal acts o.
special interest, territorial land grants for
future universities and the establishment
of international comfy in the registry oi
trade marks. In the states there have
been numerous laws made for the better
protection of human life, restricting the
sale and practice Of medicine, providing
against damages from fire, water and rail
road accidents, but no marked advance
has been made in the laws against murder
adequate to compensate for the facilities
offered for the escape of the accused, b!
making capital offenders witnesses fo
themselves in Michigan, Mississippi, Yves
Virginia and New Jersey-wives in th'
latter state now being allowed to testify
for their husbands. The protection o
public health, the restriction Of the spreaa
of epidcmics, tic prevention Of food ant
drink adultcratiOn laws in behalf of publi
morals, against gambling, pool selling
lotteries, obscene literature, and for NOR,
stringent regulation Of the sale of liquors
by means more or less moderate
"Blount's Springs being always except
ed from the operation of Alabama's ney
law-have been subjects engaging atten
tion. Gradually the powers of women t
participate in public affairs and their right
in their husbands estates and to tho con
troll OF their own have been enlarged. Mr.
Phelps deprecating the general tendency Q
ill-constructed and hostile statutes to estab
lish the theory that the husband is the an
tagonist against whom the wife chief
needs protection. 1: is probably the dc
generacy Of man anda general dissolute
ness of society, not tho statutes, whicl
nave brought about the condition for whicl
they are intended to be remedial. w
agree with the president Of the Bar asso
citation that statutes cannot restore tn
I" old fashioned sacredness" and "indis
soluble obligation Of marriage, but ne,
legislation may he rendered necessary b.
the altered relations resulting from til
new conditions of society. Unhappily thi
is the case. 1t is satisfactory to SEQ tina
the cause of education engages consider
able share Of tho attention of Legislators
In dealing with the question many of then
play with edged tools, and great man,
crude statutes OH this subject are the result
Mr.. Phelps indulgcs in vein of plcasantr
and flashes Of humor throughout hi
speech, neve: transgressing the decorul
of his position nor forgetting the gravit
Of his task, but ono of the late statutes q
Minnesota, regulating the course Of instrue
tion in Its public schools, is we'll calculates
to disturb his dignity. According to la,
in that state it is required "that in a
schools instruction in the elements q
social and moral science shall he given, i,
cluding industry, order, economy, punctu
ality, patience, sclf-leDiaI, health, purity
temperance, cleanliness, honesty, truth
puliteness, peace, fidelity, philanthropy
selfrespect, hope, perseverance, cheerful
ness, courage, selfreliance, gratitude, pity
mercy, Kindness, conscience, reflection
and the will. Oral lessons upon one o
these topics to be given every day. til
pupils required to furnish illustrations O
the same upon tho following morning.