The morning call., 1893-06-12

UNIFORM LEGISLATION.

Both houses of the Legislature of Hi
nois have adopted the following resolution
Within thirty days after the passage of this
resolution the Governor shall appoint three
commissioners by the name and stvie Of "com-
mlssioners for the promotion and uniformity OF
legislation In the United States" 1t shall be
the duty of said commissioners to examine the
subject of marriage and divorce, insolvency,
the form OF nOtaiial certificates. descent and
distribution of properly, acknowledgment oil
deeds, execution and probate of wills. and
other subjects on which uniformity Is desira-
Bile. so as to ascertain the best means 10 e1tect
uniformity in the laws OF the Stale, and 10 rep
resent the State OF Illinois in conventions OF
like commis siOners heretofore appointed or to
be appointed by other States; TO consider and
draft uniform laws to be submitted for approval
and adoption by the several States, and TO de-
wise and recommend such other course OF
action as shall best accomplish the purpose OF
this resolution.
Other Eastern States are moving In the
same direction, so that by December. 1894,
swhen the Illinois Commission will report.
it should be possible to gauge public
opinion on the subject. 1t is supposed
that a majority of the people are in favor
of uniform laws on the various topics en-
braced in the Illinois resolution. though it
may be difficult to reconcile New York,
Virginia and South Carolina to accept the
broad views of the bulk OF their sister
States on the subject of divorce. An or
ganization was formed year or two since
in New York to promote uniform laws of
marriage and divorce. THE CALL had
occasion few months ago to review one
of its reports. which was sanguine in tone.
In this State the Legislature has taken no
action on the subject. though the incon-
venience of conflicting State legislation
has frequently been brought to public
notice.
There are but two ways in which uni
fOrmity in laws could be obtained. One is
by procuring the passage In the several State
Legislatures of statutes identical in Ian
guage and covering the branches in which
assimilation is desired. The other is BY
an amendment 10 the Federal constitution,
comforting upon Congress the power TO
regulate divorce, marriage, Inheritance
and notarial instruments, or deeds affecting
property. 1t has now the power to regu-
late bankruptcies, commerce, naturaliZa-
ton and otter matters. On general prin-
ciples the conservative element in Congress
would oppose so radical a reform. The
newer States, as well as Ohio, Connecti-
cut and Rhode Island among the older
States. would resist what they would call
the intrusion of the General Government
into the domain OF their State rights.
Assuming that this difficulty was over
come, that two-thirds of the States asked
for the amendment, and that it passed by
the requisite vote. it could not become a
law without the ratification of thirty
three States. 1t would be a work OF wears
TO obtain such a ratification. Such a task
would be almost as vast as to get the States
to pass the same Identical State statute.
AS matter of fact the friends of reform
would probably attain their object il they
procured The assent of the leading States.
II eight Southern States, to wit: Virginia,
Kentucky. Tennessee. the Carolinas,
Georgia, Alabama and Louisiana, agreed
to the plan, and were Joined by eleven
Northern States. to wit: Massachusetts,,
Connecticut, New York, Pennsylvania,
Ohio, Indiana. Illinois, Wisconsin, Michi-
gan, Iowa and California. an approach to
uniformity would be reached which would
nbvIate the chief inconvenience Of con-
flicting State legislation. Sooner or later
considerations of State comfy and mer-
camille interest would compel the bulk of
the smaller States to fall into line. As
the law stands, divorce is held to be good
everywhere if it is good in the Sta te
where the decree was granted. But this
IS merely a court ruling. There is nothing
to prevent State Legislature from pass
ing an act forbidding the recognition of
divorces granted in States outside of the
uniform law ron federacy