The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1895-08-27
NEEDS A DESPOT
Armed With Unlimited Power
Says President Carter
In His Annual Address Before
American Bar Association,
TO ENFORCE THELAWS
Against the Passions, Beliefs and
Prejudice of Multitudes.
Makes Some Strong Points Re
garding Taxation Laws.


and members Of the bar was present in
Y. NJ. G. A. hall this morning, when
President James c. Carter. of New York,
called to order the eighteenth annual
convention of the American Bar associa-
ton.
After thanking the Detroit represen-
tatives of the profession for the cordial
reception teddered the visitors, the pres
ideGt read short list of the most noted
Jurists present, who were invited to seats
upon the platform. General Carter then
proceeded with the reading of his ad-
dress:
Mr.. James c. Carter, president of the
American Bar association, delivered his
annual address. He said in substance,
after stating the object of the associa-
ton, that on pursuance of the especial
duty laid upon the president of the as
ISOLATION to communicate the most note
worthy changes in the state and con-
gressional statutes during the year he
had made a general survey of the work
of nearly forty Legislatures
Mr.. Carter proceeded to review the
work in the several state legislatures at
length, stating the most salient features
menting upon the Legislation thus
summarized, Mr. Carter said that
the association in promoting
uniformity of legislation. wishes that OBJ
ject effected by general acceptance of
the best forms of legislation and not by
bringing about merely a general con-
formity. "Take the great question of
taxation" he said. at is amazing to
think that enlig states, Astounding
in productive wealth which would easily
afford all ample revenue, if properly
to nod Ch CTa
tricate system of taxation, even after it
has proved to be abortive for its avowed
objects. And yet this is what is every
where exhibited
'In some communities, notably in the
city of New York, the impossibility of
general and equal enforcement of the
laws and the revolving injustice of
partial effort, have had the effect of lead
ing the executive officers to wholly
abandon any serious attempt at rigid en-
fOrcement
"The condition OF what are called
sumptuary laws, is equally discreditable
to our knowledge, both of the science of
legislation and the teachings of expert
ence. The task of enforcing them
against the passions, the beliefs and the
interests of multitudes. can be accom-
pllshed only by a despot armed with I'M
limited power.
81 know of nothing more needed
among us than a deepened conviction
that the sphere of Legislation, like that
of other forms of human activity has
its proper limits, which can never be ex-
ceeded without mischief and a sufficient
knowledge of what these limits are.
THE science of legislation should en-
brace. as I conceive, two principal
branches; first the just limits of the
province of legislation; that is to say,
what subjects are really fit for legisla-
tive action as distinguished from those
that should be left to the disposition of
courts, or to the discipline that proceeds
from the moral agencies of society.
The other important branch is the
study of the proper manner In which
subjects fit for legislative action should
be treated; that is to say, the art of
framing appropriate and effective laws.
The laws of the people should of course
be devised and shaped in accordance
with their traditions and their character
and SO far as these differ, it is neither
possible nor desirable to have entire
/ uniformity in laws. But the resem blance
in character and traditions between the
! people of the states of the union is far
! greater than the differences, and this
renders uniformity in many particulars
! practicable. Is there no way in which a
/ people, essentially one, can secure to
themselves the prodigous benefits that
would arise from a uniformity in legal
rule?
"Our unwritten law is already substan-
! TALLY the same, but that l have always
regarded as an impressive reason for
it into written forms, which would at
once tend to plunge it into diversity.
| Whatever can be done to secure this de-
sired uniformity. must be done by vol
| untary concerted action The appoint
ment made by several states during the
last year of commissions designed to for
ward this effort, affords US much encour-
agement.
$50 far as the unwritten law is con-
cerned, this uniformity will be ap-
preached as rapidly as should be desired
by the operation of the unconscious
| forms of humanity-society. But the
positive legislative determinations of
nations can be assimilated or reconciled
only by conscious and concerted action.
Much has already been accomplished in
| this direction by treaties and by those
concurrently adopted regulations opera
| tive upon the sea, the common domain of
all nations
The wise furtherance of this benef1-
Gent work depends upon the intelligent
oversight and cooperation of the en-
| AASAtSuSO Jur4stS OF the WOElQ.
knights eff the Macoabeea.
The state commander writes us from
Lincoln, Neb., as follows: "After trying
other medicines for what seemed to be ]
very obstinate cough in our two children
we tried DR.. Kings Now Discovery and
at the end of two days the cough entirely
left them. We will not be without il
hereafter, as our experience proves tina,
it cures where all other remedies fail."-