Rock Island daily Argus. (Rock Island, Ill.) 1886-1893, 1891-08-27
THE BAR REASONS.
Gathering Of Legal Lights at
Boston, Mass.
DISCUSSION OF CURRENT TOPICS.

Some Reflections on the Australian Bal
lot System-John RandoIph's Depun-
citation of 1t and How Has Failed to
Have Any Effect-A Criticism of Anti
Trust Laws, with Comment on the
Mater of Free Contract-The Jury
System in Civil Cases.
Boston, Aug. 27-The American Bar
association held their fourteenth annual
meeting-the first in New England-in
Horticultural hall yesterday Nearly 290
members We're present, the meeting being
presided over by President Baldwin. Hon.
John Lowell in neat and appropriate
speech welcomed the visitors, to which
President Baldwin responded After the
presidents annual address which lasted
an hour and a half 100 members were
admitted and a recess taken. \ number
of interesting papers on current questions
were read during the second session. Pres
ident Baldwin in his annual address re-
viewed at some length the details of the
Judiciary act passed by the last congress.
and paid tribute to President Harrison
in regard to the fairness and excellence
cult court judgeships.
The Secret Ballot system
Referring to the adoption III this coun-
try of the Australian ballot system, he
said: "Our president reported last year
that fourteen of our states and territories
had adopted the Australian ballot. The
number has since grown to twenty-nine
by the accession of Arkansas, California,
Delaware, Maine, Maryland, Nebraska,
Nevada, New Hampshire North Dakota,
OHIO, Oklahoma, Oregon, South Dakota,
Vermont, and West Virginia. John Ran
dolph of Roanoke once said at London
dinner table that the adoption of the bal
lot would make any nation a nation of
scoundrels if it did not find them So The
power to vote one way and talk another
would make men hypocrites
Randolph's Protest Unavailing.
at is a singular instance of rapid revo-
luton in political ideas that within sixty
years from the time of this remark Eng
land has adopted the ballot in 8 form Of
the utmost secrecy; that the English form
has been followed in a majority of our
states: and that the last 60 retain the
viva voce vote, Kentucky, having already
abandoned il in her largest city. has now,
by her constitutional convention, pro-
nounced against it altogether in popular
elections, and proposes TO make the Aus
tralian system part of her fundamental
law"
Criticism of Antitrust Laws.
Frederick y. Judso1. OF st. Louis, read
a paper on individual Liberty of Con-
tract Uuder the Police Power" OF trusts
he had this O. say: The socaAed anti
trust laws enacted by number of the
states in the past few years constitute an
other instance of the exercise of police
power abridCinG the liberty of private
contract. In so far as these statutes-and
it would be impracticable within. the linn
its of this paper to analyze them in detail
prohibit combinations for the general
suppression of competition in an industry,
they enforce the rule of public policy
which the courts have already announce!
in numerous cases irrespective of the
statutes.
Their Objectionable Feature.
@Bnt where these statutes so beyond
this, and prohibit anti-competitive con-
tracts of any kind, contracts in partial re-
strsint of trade, under the modern rule re-
garding such contracts, an interesting
question would be presented as TO the con-
clusiveness of the legislative determine
ton of the necessity for such enactment in
protecting the people against injurious
monopolies. The right of free association,
it will be conceded, is elemental in an in
dustrial community. alike for labor and
capitalists. The Importance of this class
of legislation, however, is lessened by the
facility of combination afforded by tie
corporation laws of the different states.
and it seems probable that the form of or
ganization, at which it was primarily