The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1895-08-28


DETROIT, Micu,, August 27,-An intel,
lGctual looking assembly Of 800 leading
jurists and members Of the bar
wero present in Y, NJ, @. A. hall at
lO;3O o'clock this morning, when PrO'i'
dent James G, Carter, Of New York,
called to order the eighteenth annual
convention OF the American Bar Asso'
citation. After thanking the Detroit
representatives OF the profession for the
cordial receptions rendered the visitors,
tho president read a'shOrt list Of the
most noted jurists present, who were
invited to seats upon tho platform.
Mr.. James q. Carter, president OF tho
association, delivered his annual i'd
dross, lie said in substance, after stat.
ing tho objects Of tho association, that
in pursuance OF the especial duty laid
upon tho president OF the association to
communicate the most noteworthy
changes in the state aud congregational
statutes during the year, he had made
general survey OF the work OF nearly
forty legislatures Mr.. Carter said that
tho association, In promoting uniform
ity OF legislation, wishes that object Of
isctud BY general acceptance OF the
best forms OF legislation, and not by
bringing about merely general con-
tormlty.
EXECUTION or PRESENT LAWS.
"But arc tho laws exocn!edH Do they
represent revolutions OF wlae and self.
controlled man which arc actually car.
ried out, or those abortivo resolves
that servo only to indicate a man Cou.
scious OF error but Incapable Of reform.
alton? am not unaware OF tho differ
encs in point Of excellence between
public and private work. It il not
likely that tho selection OF Legislators
can ever DO made with uniform wisdom;
but great advance will be made when
those that aspire TO bo legislators begin
to seek the knowledge tho office re-
quires,
at seems inComprehonIibO that a
people could deliberately adopt pol,
icy that fosters tho increase OF crime,
contempt for thu laws and tho dcbaso.
ment OF character. In some communi.
ties. notably in the city Of New York,
tho i'm possibility OF n general and equal
enforcement OF tho laws aud the revolt
ing Injustice Of partial effort, have
had tho effect OF leading tho executive
officers to wholly abandon any serious
attempt at rigid enforcement, And
yot, these worse than useless results OF
Legislative action seems nowhere TO
lead TO any serious injury into the real
naturo OF the difficulty.
AnoRrIYE STATUTES.
Tho condition OF what arc called
sumptuary laws is equally discredita.
bic to our knowledge both OF tho science
Of legislation aud tho teachings OF OK.
porience The task OF enforcing them
against the passions. the beliefs and tho
interests OF multitudeS, can be accom-.
pIished only by deIpot armed with
unlawful power. The result Ia that our
statute books arc bristling with penal
enactments that have little ehec! In re.
pressing tho practices against which
thew aro aimed. A society that has not
the moral energy to enforce its will IN
any particular case. should novor ON.
body that will in the shape Of statute.
I'm urging the increased study by our
profession OF the science OF legi,lat:on,
mean that science in its broadest ex.
tent. 1t should embrace, as conceive,
two principal branches; first, the just
limits Of tho province Of legislation;
that is to say, what subjects arc really
1T for legislative action as distinguished
from those that should DO loft TO The dis.
position OF courts or 10 tho discipline
that proceeds from the moral agencies
Of society. | am not aware Of tho eX-
tent OF the field Of injury thus embraced.
II includes tho fundamental elements OF
economic science, aud tho principles
upon which sociological linquircrs are
generally agreed. l do not moan that
these sciences must be mastered In their
details; but that their main features
should DO made known 10 far US to eua.
bic tho Gtudeut to avail himself Of their
results and to employ their methods.
TIE Art or LAwMAHIHG.
1.-THE other important branch is the
study Of tho proper manner in which
sub Gets 1T for legislative action should
BE- treated that Is to say, tho art OF
framing appropriate and effective laws.
Our association takGs much interest in
bringing about certain measure Of
uniformity in our laws. Tho laws OF 4
people should, Of course, be devised
mud shaped in accordance with thOir
traditions and their character, and 80
far rs those differ 1t ia neither possible
nor desirable to have entire uniformity
OF laws. But tho resemblance In char.
actor and traditions between the people
Of tho states Of the union are far greater
than tho differences, aud this renders
uniformity In many particulars practi.
cablO. And where mutual rotations arc
] so close, mud communication 70
general and constant, tho difficulties
| and embarraHsmcnls arising from dit
ioront systems OF law arc nunborlOss.
"lt benollCent dOspOt had absolute
rule over sixty.hvo millions his ambi.
ton, and perhaps his duty, would DO to
force uniformity Of law ovorywhotu;
and II our national government had tho
constitutional authority to effect tho
samo result, that authority might per.
Eaps be appropriately exercised to that
end. There arc mono who, oven Tor such
| n blessing, would accept nnstOt, and
few who would DO willing to surrender
tho grenter advantages which are sup.
posed TO How from tho division Of our
country into separate slntcl sovereign