Birmingham age-herald., 1895-07-11
I,epialation in DifFerent states.

Maryland, New Jersey, California. North
 Dakota, South Dakota Kansas Oregon,
 South Carolina, Vermont, Rhode lsland,i
 Louisiana and New Mexico, which have
 been enacted and printed since your last
 session. It is surprising how little in
 this great volume of legislation is of any
 interest except within the local boundae-
 ies to which it relates.
 I refer in brief to the following only:
 In California by an act it is provided
 that no interlocutory injunction shall
 continue in force for a longer period than
 twelve months from the time when
 granted, except by consent, unless the
 cause in which it is granted shall be set
 down for trial upon it's merits.
 By another statute provision is made
 for proceedings by and against insolyent
 debtors and for their release.
 A commission of three members is
 created to codify the laws of California.
 In Kansas, as in many other states,
 it is now provided that guarantee cor
 poratons may be accepted as surety on
 bonds and recognizances.
 For the relief of the supreme court
 Kansas has created two intermediate
 courts of appeal.
 North Dakota by it's constitution absolutely prohibits all special and local legislation on thirty-fve enumerated
 subjects, which include corporations Of all kinds
 By an act of the legislature a "board
  tion is required to be elected in each pre- cinct.
 By another act in this state the treat
 ment of habitual drunkards is provided for at the cost of the county. In South Dakota guaranty companies are allowed to become and to be accepted as sureties on bonds.
 Foreign corporations are required to appoint an agent for purpose of service of process.
 Vermont-Fidelity and guaranty com panieS are accepted as suretieS on bonds. State of Washington--In all trials by juries, when ten out of the twelve jurors | agree, their verdict is the verdict of the
 whole jury.
 Guaranty corporations allowed to be l accepted as sureties on bonds. South Carolina by act allows inSur- anee and guaranty companies to become sureties on official bonds and also for l trustees, guardians and administrators. | The sale of real estate under mortgage, l without first decree or Judgment of l court ascertaining and establishing amount of the debt due on the mortgage, | is valid to pass the title, unless amount of the debt is consented to by mortgagor | and consent in writing filed for record l in the office of register where mortgage | is recorded. Where there are several connecting carriers of freight lost or | damaged. the initial delivering or ter
 minal road is required to adjust such loss | or damage or to trace and inform the | consignor or conSignee by which of the | connecting lines the freight was lost or | damaged
 Louisiana-By an act approved Jan | uary 12 1895, the state of Louisiana pro- | hibits the setting up or drawing of any | lottery or the sale of lottery tickets. All contracts for rebates prohibited Kentucky's Constitution. | A new constitution has been adopted | by Kentucky The first noticeable feat
 ure which will attract your attention in l it's examination Is the limitations and restrictions which it imposes upon the
 exercise of power by all legislative bod | ies, both state and municipal. Hereto l fore the legislature of Kentucky met bi- | annually, and were unlimited as to the 1 length of the session. Now it is limited l to sixty days. Under the old constitu- | tion the legislature was in no way re- | stricted as to the character of the legisl | lation enacted; 1t might enact local, spe- | cial or private laws without limit. Now upon at least twenty-five leading sub | JectS of legislation, specifically enuner- | ated, no law other than a general one | can be passed; and upon no other subject | can a special law be enacted when gen. | eral one can be made applicable. The | entire system of municipal government l was also changed All cities and towns | are divided into classes upon a basis of | population, and many restrictions inn l posed upon the powers which the munic- | fpalitieS might exercise Especially are the restrictions of the new constitution | laid upon the powers of the municiDali- l ties to contract debts In all cases a linn l 1t is fixed by percentage on assessed | valuation. No contract by a municipal | corporation is allowed to be made unless
 1t can be fully performed from the funds | of the current year, unless it is first sub- mitted to a vote of the people and sane l toned by vote of two-thirds of the l voters in its favor
 In the matter of voting and elections l the new constitution provides for the use of the Australian ballot system and re- | quires all elections to be held on the 1 same day. and that day to be the one l which members of congress and the pres
 ident of the United States are voted for. All lotteries and gift enterprises are for | bldden. In the exercise of the right of l eminent domain compensation for dam | age to property is required to be made | Tor the injury, as well as payment when l the property is actually taken. Restric-
 tons, in the interest of the public, are 1 imposed upon common carriers with a l View to securing uniformity and equality
 Of charges, facilities to shippers. and to
 promote competition by prohibiting com l bnations.
 The legislation of the state since the l adoption of the new constitution h.s al-
 most exclusively been to conform it's laws | to the changes made necessary by the
 new constitution. And in addition there
 has been legislation in relation to the 1 property of married women their con- trol over 1t and the rights of the husband, | in the wife's property. To the wife is | given the power to contract The inter-
 est of the husband In the wifes property
 is limited to one-third for life after hen l death.
 beg to cal your attention to report | made to the New York State Bar assoc- i ation by one of it's committees that con- 1 tains much of special and practical value. l I refer to the recommendation that bill | prepared for submission to state legisla- | lures and to congress should be criti- | cally examined by competent critics be- 1 fore action is taken upon them to elimi- | nate cruidities, ambiguties and other ob- | jectionable features which so often are | found to characterize much of recent leg | islation. It is suggested that three to | five competent persons be selected to
 serve in an advisory capacity for each | legislative body. Ii might be that such a committee could be appointed from mem- | bers of the legislature to be designated | committee on style The method is ob- 1 served in England. All measures pre- t1.