New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1884-11-08
THE c0yrLIcr or STATE LAWS

THE fONILHI UI bIIIL rams.
Daring fho late session of ihe American Socmi
Science Association at Saiai"gl, very inter- sung
and snrecstve paper on "1ho Conflict of state
Law, 'he Evil and the Remedy" was read by
Mr. Lueene smith. OF tins city As it is quite pos
slho that the measures which Mr.. Smith proposes
may he tested cAucrImcntay before long, some
accouut ot his argument ~ dcsnH0c. ~ to the
existence Of conflict betWrcu rttlo laws very lltic
he snid brc,usr TIE fact ~ 80 n"tor'u ~ 10
b. known 10 ever body. For. AZ Nr. Smith sajS.
"Nhou Il IL tue a. IL is NOW tru-. That child,
legitimate N one state. may bee di'iunciitod AMI
bear the brand of illce timacy hy the lava ol an
other state. that n man may be- either married 81
uuuJrrl, according as Lo stands on Que side or tb'
other of state boundary. that u man may suiet
imprl. onmcut IN the state Prison ia the state of
New- YORK Tor the CRIME of hipamy IN marrying
woman who by the laws Of Ncv-Jcrsey would be
his lawful Wie-vben these anomalies result. ~
they do result from the conflict of State laws, IT
begins 10 be- possible 10 realize the absurd and de
morllilins condition of our iuli,rrudence.' Tie
existence of the evil being admitted, the question
arise, whether a remedy can bee found Tor it. The
tendency of public thought and legls aion has Tor
several years been toward the eXpans on oi the
powers OF Congress and therefore the first impulse
i'm such case "A this IS TO seek relief through Con
pIcssonal enacimcnts made possible If ncces, airy,
by further amendments to the Constitution.
But MIR. Smith. after examining this method,
sccs sufficient reasons for rejecting 1t. Tho rapid
population of the continent. ;he ~ rapid increase
in The National wealth. Industries. AMI require
mcnt.. seem to him 10 render ANY further movement
I'm tlr direction of ccntultzilon iunght with great
danger to tie soli ITS and cohesion oi the Republic
rhe expansion of the powers of CONGRESS, more
over is Incompatible with the maintenance oi the
ourun arnrmr of American Governurn' tho very
.ist NJ vhirh Il balance of rovpis. carefully pte
..rvrl hr'Vr.n the rentrnl potrrnmrnt ami the
e'nira. pri s.n,r National Growth drm1nl4 bat
mon of state lnv4 rnir nnl nutr situnslt. There
nti,r. y dsrfliiun ~ rniinil ilr roNtis ~ ihr
ciaiip ~, ihp salr ~ s.rtine ili9 hnurun, nnl
snrh nalirr urpli, rui 90 w. pnrrriatrl what
g. ,paiit nr.il ~ % nlains ~ BliHur'nr rritt ~
sitN hua WiihW HNilsiNs s'ib uHrt's 80
st-ri.irntti ani tn srrplt iNai ntri NJ amiih
hdi 10 iiui hnN,uit ~ UfNtIana lhal lH
fruiNn W Wiab ahiii hu urN.ti tn-pll
naru state riwusHg o. NN drla'ira auh lha' ih's
convention shall nfiib mo aitiu laws lhn cni
lhD,uuu u,utiug would have uu iu,,o uUt'i loi-
mallY accented ana cna,toi Tag tho srfeial state
Legislatures. Aa, mu,uNur laws uo constantly
changing, and any c"ie, however carefully
framed, would be ia dao ger OF falling INTO disorder
IN few years through the DESCENDANT additions
of the various State Legislatures Mr.. Smith pro
that the rnlN titlnH 81 lulu SIT continuously
or from year % year. for the purpose Oi harnphlz
inc the annual additions 10 the code.
Tie advantages OF this system would be- he
thinks, that the states would retain ali their orig
iuaI powers while at the same tmo the conflict of
State laws would be removed And ~ II is not
probable that So novel scheme would be APP
proved before beng tried in partial way. the
protector suggests that test he made by applying
the principle 10 the codIication of the State laws
on marriage and divorce. Public opmon is cor
tainly rpe for acton IN that matter Dat hitherto
nothing has been proposed thousht of but a
Congrc 5sonal law. Now if Mr. Smiths plan were
red the marriage laws, aud proved successful.
the public woHld no donbt sanc1lon its extended
application. There may he some objections of de
tail still to be removed but the more formidable
have been fully and fairly met in the argument
Of which a mere outline is here presented. NJ.
Smiths paper created "A very strong impression upon
the Social Science Association and a committee
at the time appointed to apply to the States for
acton look ny TO commi sion or convention for a
common code on the subject of marriage and
divorce OF course tho whole subject demands
careful consideration and full discussion. but II
may he admitted that the proposition Of Mr.. Smith
is ingenious. ably supported, and calculated to
avoid or overcome some very serious diaicutles IN
connection with Constitutional changes