The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1894-07-19

cushion OF tae FiOTIGa keEEAtoEs AN1~tANA
in the introduction on American son OF
the Spanish gananical system. Inc
speaker went on 10 say:
THE code OF Louisiana has. with slight
notifications, adopted the dotai system
of the code OF NAPOLEON as regards the
separate property rights OF sponses. ont as
TO their common property II retained the
essential features of the Spanish gauanleaI
| system. Texas aud California being origia-
ally part of the territory OF Mexico,
possessed the community system OF SPAN
and Mexico, but on the adoption OF their
constitutions r was provided that All
property. both real and personal, OF the
wife owned or claimed by her before mar
rage and that acquired afterward by git,
devise or descent, shall be her separate
property. and laws were required to ne
passed more clearly defining her rights
therein. These provisions had the effect
of rendering imperative the dotal
system Of the Spanish law Origin ally
the community laws prevailed In Florida
and in all the Louisiana territory, but had
been superseded in Florida, Missouri.
Arkansas, Iowa. Mississippi, and all TINS
territory except Louisiana. by the common
law. The community system as adopted
in California has been borrowed py Ne
vada, Ar zona, Washington and Idaho,
with notifications hence the American
community system prevails IN LOUISIANA,
Texas, California. Nevada. Arizona. WASH
ington, Idaho and New Mexico, and IS In.
debted 10 Spain for rs origin"
On the second question. General char
acteristics and peculiarities of our own
system, the speaker said:
II take il for granted that the bar is
familiar with the history and growth OF
our community pronerty laws since their
introduction IN 1863 and Is fully ac-
I'D tn-ffh fha
laws upon this subject. a presumption
which does not seem TO me TO be at all
violent since every active practitioner
must have had occasion to explore the
community laws Tor himself at some
period or other of his work at the bar.
The Judge then detailed the various acts
from the one passed ia 1869 relative TO
community property. In November, 1871,
an act was passed which suppanted the
laws of 1863. This was subsequently re-
pealed. November 5, 1913. whereupon the
| laws OF 1869 were re-enacted. lie pro-
ceeded:
"The act of 1871 appears to have been an
/ effort to construct marital copartner-
| ship, with the articles OF association NIL
| nnteiy set out in the statute. 1t Is so
widely Mt variance with the fundamental
| principles of the community doctrines
that were il not for few of It's provisions,
| It's pedigree could hardly be determined.
| This act was short-liyed, but to certain
extent it infected the subsequent act OF
/ 1879. which is largely our present law,
| with some of its heresles The code of
| 1881 Is, with slight amendments, the pres
| ent law, and emancipated both spouses as
| to the restraints placed upon the DISPOSE
ton by them of their separate estates.
/ The codfieation Of these laws. as appears
| An the code OF 1881, has been the settled
al. at a n =
| adoption, and has superseded all prior
| laws on this subject"
| The speaker further detailed the dual
system possessed in this state. one reIat-
ing to personality, the other to realty, and
closed by saying:
"The community system as depart
| ment of jurisprudence opens field of in
| exhaustible study and research, and while
| our courts have TO some extent been
| ploughing in new fields in which they,
| without precedent could run their burrows
in any direction their judgment dictated,
| We should congratulate ourselves that they
| have thus far given us such clear and reg
| uar courses for future guidance. which to
| a great extent have hghtened our iabors.
| Enthusiastically. proper Legislation conld
simplify our present system without i'm
| pairing its symmetry or endaBgering the
| rights acquired or to be acquired there
| under. The community system, In its
purity, presents without question the fair
est and most equitable status by which the
property rights of married persons may be
governed which the genius of either ancient
or modern legislation has devised. and
when not too rigidly construed, as in the
light of the common law. but with liberal
ily and in touch with the fundamental
principles of the law itself, il produces an
adjustment of property rights between the
spouses which is IN perfect accord with
that harmony necessary in domestic reia-
tions. | trust IL may never cease to be
part of our laws until better system may
be devised than that offered by the com
mon Law of England or any state follow
Ing its Jurisprudence"
The subject of Judge Ballinger's paper
was then thrown open for discussion, and
after few complimentary words from
Roger s. Greene, Orange Jacobs and f. :.
Blaine committee composed of Judge
Balinger, L. c. Hughes and Charles #.
Fogg was appointed 10 draft new law on
community property. 10 DO presented TO
the next Legislature.
President John Arthur, having arrived
during the reading of Judge Bailinger's
paper. took the chair and then read his
address on Lawyers in Their Relations
With the state. which was frequently in
terrupted by hearty applause. Mr.. Arthur
commented on the presumption of Eng
lish gentlemen, who. ignorant OF the laws
Of their country. yet aspire TO sit in pariia-
ment. And how unbeeoming" says
Blackstone. must it appear in a member
of the legislature TO vote for new Law who
is utterly ignorant of the old. What kind
OF Interpretation can he be enabled 10 give
who IS a stranger % the text on which he
commsntsg" The speaker referred to the
recent action of Populist convention at
Olympia IN instructing It's delegates to the
state convention at North Yakima not to
vote for the nomination Of any lawyer for
congress. and the subsequent nomination
o. granger and labor agitator by the state
con vengi0n IN harmony with the spirit Of
the Olympia Populists. The speaker re-
viewed the relations Of lawyers TO fanatics
In general from the PeFitans of the COM
monwealth TO the noisy orawlers Of the
eommonweal. The common people. he
said, owed chiefly 10 the lawyers the liber-
ties and prosperity given by the protecting
shield Of government He cited long list
Of celebrated lawyers, giving their works
snd positions With the government, and
said:
This bright record of service 20 free
government and popular institutions has
eeen from that day 20 this continually sup
plemented by unfaltering attachment to
The fundamental principles Of the re-
pa5Iic."
The natural antagonism between the
trained aud cool-hesded lawyer on the one