New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1892-08-25
A REVIEW OF LEGISLATION.
ANNUAL MLETING OF The AMERICAN BAR
ASSOCIATION.
rx,JUpGE DILLoN's SUMMARY OF THE NEW LAWS
OF TIE PAST YEAR-JoHN w. CARY TALKS
ABOUT PERSONAL RIGHTS AND
PRIVATE PROPERTY

iBY TELEGRAPH THE IkIbUSEi
saratoga, Aug. 24.-The American Bar Association
began It's fifteenth annual session here to-day. Al
tho morning session the presidents address was MADE
hv 81. Judge John F. Dillon. OF New-fork The gen.
e character OF his address each year Is determined
hv III. provision of the constitution which requires
the president to communicate the most noteworthy
changes in statute law OIL points Of general interest
made I'm the several States and by Congress during
the preceding year The address dwelt with the egis
,tion OF Congress at It's last session. and with the
legislation and Territories out OF the
forty eight which had held sessions since the last
meeting OF the association.
Sir Henry Names observation that 81 the capital
fact In the mechanism Of modern States is the energy
OF Legislatures was strkingy illustrated by the data
md facts presented I'm the address as, for example.
therc were introduced into the House and Senate dur
Ing tile last session over $4,000 bills and Joint reso'
Iutions and more than 2,10O reports were made by
House committees and nearly 100 by Senate COM
mttecs. All this legislative activity, however. re-
suited only the passage Of about AIS bills local.
private and general
After referring 10 the more important acts passed
by Congress- the address dealt with the general view
OF current legislation In the sixteen States and Terri
tories mentioned. Proposals for constitutional amend
ments In Georgia Rhode Island. Massachusetts, Wis
cousin and Maryland were referred TO. The statute
LEGISLATION OF the preceding year classified or
grouped upon the following heads Elections and
the elective franchise under which 1t was stated
that thrty.slx States using the Australian
ballot or some modification OF 1t. Legislation for
education is stiIl showing Increased liberalty and
improvement Under the head OF public health and
safety various statutes referred 70 and particu-
lury those relating the health and safety Of opera
tves and laborers. Under the head OF morals refer
ence was made to various statutes this subject,
including the famous contest In Louisiana In which
,,scts.
Company Under the head OF labor reference was
made TO the fact that New-York. NewJersey. Georgia
and Massachusetts regulate the hours Of labor and
define the number of hours constituting days work
The act OF the Massachusetts Legislature against
"Pinkertonismn and forbidding the employment OF
Donresdents, other than regular employees, TO assist
with arms In the defence OF property. referred TO-
the president observing that, while he approved such
legislation, he felt constrained TO say that the Com
monwealth having thus disabled the person whose
property is in danger from scfprotection the duty
OF the State TO afford the necessary protection oy
the lawful authorities ought 10 be earnestly and
promptly discharged
Under the head Of minors, various acts to protect
children were referred to, such those Of Rhode
Island Colorado Joining the long list Of other states
prohibiting the sale or gift of cigarettes children. and
the act OF NewYork requiring all children engaged In
public exhibitions be licensed. Under the head OF
married women, the late enactment OF Rhode lsland
and South Carolina emancipatng married women from
the comnfon-law disabilities Of coverture were men
toned. Under the head Of trade and commerce. ref
ercnce was made the tAct that Louisiana has pro
hibtcd all trusts or combinations to control the values
Of merchandise and commodities but seems to except
all such combinations when made by farmers and
aborers Under the head Of administration Of justice
a notable change In the law Of evidence In Georgia
was noted and commented on. by which party 70
civil action Is allowed TO put the opposite party on
tn. witness stand with the privilege of subIectng him
to a Thorough and sitting exaininauon and to further
priv1lese of impeachment Just ~ though the wit
hess had testified In his own behalf and was being
cross examined.
Under the head OF municipal corporations. various
changes In the OF New-York, Massachusetts ONO.
tornado, Wisconsin and New-Jersey were noted. but
none of them made radical important changes.
Under the heads Of private corporations and rail
road commissions 1t was shown that seventeen States
had now adopted railway commission acts, containing
the usual provisions TO long and short hauls. re-
bates drawbacks, undue preference, interchange On
tlsf1c, ETC. such legislation, where 1t IS carefully
thought out, guided by experience, and kept within
Constitutional limits, regarded by the speaker as
wise and generally necessary for the best Interests
OF the corporations as well OF the people Under
the head taxation tho important changes In the
Collateral Inheritance law OF NewYork and the novel
act OF the Legislature OF Michigan, which attempts 10
divide the taxes on mortaged property by levylng
the balance upon the mortgage. were referred TO.
After finishing the catalogue Of enactments and
comments the last portion of the address consisted
OF comments and reflections on the general trend and
tendency of legislation. In which the speaker pointed
out The sources Of and Its ethical nature. and
differentiated It from legislation. lie adverted IN
conclusion TO the necessity value purposes and effect
Of our written constitutions, showed wherein they
differed from the constitutions of all other countries
la tho dis gushing fact that the American system
makes the courts the guardians OF the constitution
and provides the only adequate safeguard whch has
been invented or devised against unconstitutional
legislation and that this constituted the great ard
permanent glory Of the founders 0f the legal lnsutu
lions Of the United states.
The fundamental guarantees Of the Constitution
life, liberty and property The two former. the
speaker declared are everywhere respected and pro
teced but lie said that we canpot close our eyes 10
the fact that the institution OF private property Ii
menaced both by open and covert attacks. IL Is
attacked openly by the advocates Of the various
hercsics that under the general name OF socialism
CVmmunisn who seek to array tho body OF the
community against the Individual hight TO exclusive
property and ia favor OF the right OF the community
IN f0rm to deprive the owner OF 1t or OF It's
full enjoyment. Property It's nghtful enjoyment
is frequently covcrtly invaded at the instance OF
popular or supposed popular demand. In this class
Of Eases tie attack is directed against particular
Owrics on forms OF ownership. and generally takes
the insidious more specous End dangerous shape OF
an a,tcgnpt to deprive the owners, usually corporate
Ow1ers OF their property BY unjust or discriminating
legislation In the exercise OF the power OF TAXATION
ointment domain or tie police power. and resulting
and Intended result IL clipping" the property. OF
regulating the OF Its full enjoyment and
use. The president referred to Sir Henry Names re-
narkabc declaration Ia 1883, when he felt constrained
to cuofcss declare that all the beneccnt pros
pe.lty Of tic United States reDoses on the Hacrcd-
OF contract ana tho stability OF private property
the rst the implement, the last the reward OF SUCCESS
In the universal oomp,tition." The president said
that for this noble and generous utterance OF great
truth iorgavc all OF Sir Henry Mainc'c doubts as