Pittsburg dispatch. [volume] (Pittsburg [Pa.]) 1880-1923, 1892-08-25
RIGHTS OF PROPERTY
Still Insecure in America, While Life
and Liberty Are Safe.
CHIEF DUTIES OF BENCH AND BAR
Unfolded Before the Association Of Lawyers
at Saratoga, n, Y.
TIE LEGISLATION OF THE PAST YEAR

dent Dillon delivered his annual address.
Its general character each. year is deter
mined by the provision of the constitution
which requires the President to communi-
cate the most noteworthy changes in statute
law on points of general interest made in
the several States, and by Congress during
the preceding year.
The address dwelt with the legislation Of
Congress at it's last session, and with the
legislation of 16 States and Terri tories ont
OF the As, which had held sessions since the
last meeting of the association. After re-
ierring to the more important acts passed
by Congress. the address dealt with the
general view of current legislation in the
16 States and Territories mentioned. Pro-
posals for constitutional amendments in
Georgia, Rhode Island, New York, Massa.
chusetts, Wisconsin and Maryland were re-
ferred to. The statute legislation of the
preceding year was classified or grouped
under the following heads:
Elections and the elective franchise
under which it was stated that 36 States are
using the Australian billot or some modifi-
cation of it. EJucation-the legislation is
still showing increased liberality and i'm
provement
Lous ana's Auff-Lottrry Acts.
Under the head of public health ana
safety various statutes were referred to,
and particularly those relating to the
health and safety of operatives and laborers.
Under the head of morals refereace was
made to various statutes, including the
famous contest in Louisiana, in which she
suppressed the well-known Louisiana Lot
terv Company.
Under the head of labor, reference was
made to the iact that New York, New Jer-
sey, Georgia and Massachusetts regulate the
hours of labor and define the number of
hours constituting a days work. The act
of the Massachusetts Legislature against
"Pinkertonism" and torbiddtng the enl-
ployment of non-residents other than regu-
lar employees to assist with arms in the de-
tense of property was referred to, the Presi-
dent observing that while he approved such
Legislation, he felt constrained to say that
the Commonwealth having thus disabled
the person whose property is in danger
from self-protection, the duty OF the State
to afford the necessary protection by the
lawful authorities ought to be earnestly and
promptly discharged.
Under the head of minors, various
acts to protect children were referred to,
such as those of Rhode island and Colorado
Joining the long list OF other States prohibit-
ing the sale or gilt of cigarettes to children,
and the act of New York, requiring ali
children engaged in public exhibitions to be
licensed.
Married " omen Get Their Rights.
Under the head of married women, the
late enactments of Rhode Island and South
Carolina, emancipating married women
from the common law disabilities of cover
ture were ment,. q e.
Under the heal OF trade and commerce,
reference was made to the fact that Louisi-
ana has prohibited all trusts or combina-
tions to control the values of merchandise
and commodities, but seems to except all
such combinations when made by farmers
and laDorers.
Under the head of administration of JUS
tice a notable change in the law of evidence
in Georgia wns noted and commented on,
by which party to a civil action is al
lowed to put the opposite party on the wit
ness stand, with the privilege Of suhjecting
him to thorough and sitting examination,
and to the further privilege of impeach-
ment, just as il the witness had testified in
his own behalf and was being cross-exam-
ined.
Under the head of municipal corporations
various changes in the law OF New York,
Massachusetts, Ohio, Colorado, Wisconsin
them made radical or important changes.
Under the heads of private corporations and
railroad commissions it was shown that Il
States had now adopted railway commission
acts. containing the usual provisions as to
long and short haul, rebates, drawbacks,
undue preference, interchange of traffic, etc.
Such legislation, where it is carefully
thought out, guided by experience and kept
within constitutional limits, was regarded
nv the sneaker as Wise and rally
sary for the best interests of the corpora
tions as we'll as of the people.
Richiyan's New Mortgage Law,
Under the head of taxation the important
changes in the collateral inheritance law of
New York and the novel act of the Legis-
lature OF Michigan, which attempts to di-
vide the taxes on mortgaged property bv
levying a proportionate. part upon the
owner of the land and the balance upon the
mortgage, were referred to.
After concluding the catalogue of enact
ments and comments, the last portion of the
address consisted OF comments and reaec-
tions on the general trend and tendency of
legislation, in which the speaker pointed
out the sources of law and its ethical
nature, and differentiated it from legisla-
tion. He adverted in conclusion to the
value, gpurpcses and effect of our written
constitutions, showed wherein they differed
from the constitutions OF all other countries
in the distinguishing fact that the Ameri-
can system makes the courts the guardians
of the constitution and provides the only
adequate safeguard which has been invented
against unconstitutional legislation, and
that this constituted the great and perma-
nent glory of the founders of the legal in
stitutions of the United States
The fundamental guarantees of the Con-
stitutlon are life, liberty and property The
two ior er he declared are everywhere re.
spected and protected, but said that we
cannot close our eyes to the TACT that the
institution of private property is menaced
beth by open and covert attack.
sociaIists Are the Open Epemie,.
1t is attacked openly by the advocates of
the various heresies that go under the gen.
eral name of socialism or communism, who
seek to array the body of the community
against the individual right to exclusive
property and in favor of the right of the CON-
munity in some form to deprive the owner
OF its full enjoyment
Property or its rightful endowment is fire.
quently covertly invaded at the instau ce of
apopular or supposed popular demand. In
this class OF cases the attack is directed
against particular owners or forms of owner
ship, and generally takes the iusiduous,
more specious and dangerous shape of an
attempt to deprive the owners, usually cor
porate owners, of their property by un Just
or discriminating legislation in the exercise
of the power of taxation, eminent domain
or the police power, and resulting and in
tended to result in clipping" the property
or regulating" the owner out of its tull
use.