The Cambria freeman. [volume] (Ebensburg, Pa.) 1867-1938, 1895-09-27
DEFECTIVE GOVERNMENT
There Is an Absence of Uniform
ity in Our State Laws.
Wide Differences and Conflicts Between
the Codes u the Various states
Some Points Which
They Differ.

One of the most serious defects in our
mode of government is the absence of
n uniform system of laws. The laws of
the United States are, of course, SUI
preme in every state, but the subjects
with which they deal are strictly
limited by the federal constitution. and
everything which lies ouside is within
the jurisdiction of the several states
Acts permitted by local laws or toler-
ated by local sentiment may be of such
a character as seriously to compllcate
the relations of the United States with
other governments, and yet may be
wholly beyond the control of the gen
eral government. The attack upon
Italians in New Orleans in 1891 and
many anti-Chinese riots in western
states are instances in point, says the
Youths Companion.
Each of the forty-four states has its
own code of laws, to which at every
session of its legislature large additions
are made. There are wide differences
and conflicts among the laws Business
practices which are permissible in
some states are forbidden in others.
Offenses which are visited with heavy
penalties in one state are not punished
at all in another state adjoining; and
sometimes house which happens to be
crossed by a state line is in request,
because certain acts which would be
illegal at one end of it are legal at the
other.
Marriage and divorce laws vary
widely. Marriage relations forbidden
in one state may be entered into under
the more lax laws of another, and the
parties to them may resume their resi-
dence in the state from which they
came. A husband may desert his wife,
and after living a short time in another
state procure a divorce, and sometimes
it is possible to conceal knowledge of
the proceedings from her until the de-
cree of divorce has been granted
There are no means of reconciling
these conflicting and contradictory pro
visions of law except by agreement
among the states. An attempt has
been made in this direction through the
appointment by the several states of
commissioners who meet in annual CON
ference to consider measures for pro
noting uniform laws. New York took
the initiative In 1890, and other states
have followed its example. Probably
thirty states will be represented at the
conference III Saratoga this month.
The conference has no powers be-
yond discussion and recommendation.
1t recommends no law until it has been
approved with absolute unanimity at
two meetings. Business forms We're
first considered A uniform law for
the acknowledgement and execution of
deeds was adopted; then one prescrib-
ing the form of seal; then statutes as
to wills and their probate
Legislation as to the weights of the
bushel or barrel was next considered
There are now variations which pro-
mote confusion and fraud; for example,
bushel of oats is thirty pounds in New
Jersey and thirty-two pounds in New
York The conference has recon-
mended the abolition of days of grace;
proposed a code concerning bills, notes
and checks: and considered other ques-
tions of business law.
All the states appointing commission
ers expressly directed them to deal with
marriage and divorce. Touching the
first. the conference has recommended
that some ceremony, or formallty, or
written evidence, signed by both
parents and attested by one or more
witnesses, be required in all marriages;
and that stringent provision be made
for their immediate record, however
solemnized or entered into.
Regarding divorce, it was hopeless to
seek agreement concerning causes and
methods, but the conference recon-
mended that no divorce be granted un-
less the defendant is domiciled or has
been domiciled within the state where
the action is brought, or has been per
sonally served with process within the
state This would put an end to the
stealthy procuring of divorces in other
states than that in which the parties
reside.
Few as have been the recommends
tions of the conference, those that have
been adopted by state legislatures have
been fewer. The work of securing uni
formity in state laws must be slow and
difficult, and partial at the best; but as
the reasona bleness of it comes to be
understood. the commissioners will be
reinforced by strong public sentiment.