The herald., 1895-08-28
Eis htcentEl Annual Convention
at Detroit
SPEECH OF PRES'T CARTER
He Hopes for Uniformity of Higher
Legislation
Three Hundred Members Of the Profession,
Assembled From All Parts Of the
United States
Associated Press Special Wire.


DETROIT, Aug. 27.-An intellectual
assembly of three hundred Leading Amer
lean jurists and mem bers of the bar was
present today when President James G.
Garter of Now York called to order the
eighteenth annual convention of the
American Bar association. In his annual
address President Carter said, after stat
ing tie object of the association, that in
pursuance of the special duty laid upon
the president of the association to COM
municate the most noteworthy changes
in the congressional statutes during the
year, he had made general survery OF
the work of nearly forty legislatures. Mr.
Carter proceeded to review the work oi
the several state legislatures at length,
stating the most salient features of the
new enactments. In commenting upor
the legislation thus summarized, Mr.
Carter said that the association, in pro-
noting uniformity of legislation, wishes
That object effected by general accept.
ance of the best forms of legislation, and
not by bringing about merely general
conformity.
Take the great question of taxation, -
he said. ut is amazing to think that
the enlightened states, abounding in pro-
ductive wealth which would afford an
ample revenue if properly tapped, should
insist on retaining an intricate system
OF taxation, even after it has proved to
be abortive for its avowed objects. And
yet this is what is everywhere exhibited.
''In some communities, notably the city
of New York, the impossibilitv of gen
eral and equal enforcement of the laws
and the revolving injustice of partial
effort, have had the effect of leading the
executive officers to wholly abandon any
serious attempt at rigid enforcement.
''ihe condition OF what are called
sump,uary laws is equally discreditable
to our knowledge, botn OF the science Of
legislation and the teachings of exper-
ience. The task of enforcing them
against the passions. the belie1s and the
interests of multitudes can be accom-
plIshed only by despot armed with un-
limited power.
~ know of nothing more needed
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 sufficient
knowledge of what thes, limits are.
'The science of legislation should en-
brace. as conceive. two principal
branches-first, the Just limits of the
province of legislation, that is t" say.
what objects are really fit for legislative
action as distinguished from those that
should be left to the disposition of the
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 sub
jects 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 vita
their traditions and their character, and
SO far as these differ, it is neither possi-
BILE nor desirable to have entire uni
formity in laws. But the resem blance in
character and traditions between the peo
pie of the states of the union are 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 prodigiouS benefits that
would arise from q uniformity in legal
rule?
'Our unwritten law is already substan-
tally the same, and that have always
regarded as an impressive reason for ab-
staining from any attempt to reduce it
into written forms. which would at once
tend to plunge it into diversity. What
ever can be done to secure this desired
uniformity must be done by voluntary
concerted action. The appointment made
by several states during the last year of
commissions designed to forward this
effort affords us much encouragement.
$50 rar as the nnwrlen law is con-
cerned, this uniformity will he ap-
preached as rapidly as should be desired
by the operation of the unconscious
forces of human society. But the posi-
tive 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 con-
currently adopted regulations operative
upon the sea. the common DOMAIN of all
nations. The wise furtherance of this
inefficient work depends upon the intelll-
gent oversight and cooperation of the
enlightened lurists of the world
Following the president, address. the
executive committee reported the election
of twenty new III embers during the
past year. The general council reported
its approval n 119 nominations for mem-
bersnip, all of whom were thereupon
elected unanimously.
The secretary reported l144 members on