Daily independent. [volume] (Elko, Nev.) 188?-1915, 1895-10-01
DEFECTIVE GOVERNMENT
There Is an Absence Of Uniform
ity in Our State Laws.
Wide Differences and Conflicts Between
the Codes of the Various States
Some Points on Which
They Differ.

One of the most serious defects in our
mode of government is the absence of
a 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 outside 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 complicate
the relations of the United States with
other governments, and yet may be
wholly beyond the control of the gen
cral 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 it's 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 III another state adjoining; and
sometimes house which happens to be
crossed by n 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-
Ccncc in the state from which they
came. a husband may desert his wife,
and after living Il short time in another
state procure divorce, and sometimes
it is possible to conceal knowledge OF
the proceedings from her until the de-
crcc Of divorce has been granted.
There arc no means of rccOnciling
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 initiativc III 1890, and other states
have followed it's example. Probably
thirty states will he represented at the
conference in Saratoga this month.
The conference has no powers be-
yOnd discussion and recommendation.
T. recommends no law until it has been
approved with absolute unaninlity at
two meetings. Business forms were
first considered. A uniform law for
the ACKNOWLEDGMENT and execution Of
GGGds5 was adopted; then one prcScrib-
Tag the form Of IL seal; then statutes as
to wills and their probate.
Legislation as to the weights of the
bushcl or barrel was next considered.
There are now variations which pro-
mote confusion and fraud; for example,
Il bushcl of oats is thirty pounds in New
Jersey and thirty-two pounds i'll New
York The conference has recon-
mcndcd the abolition of day. Of grace;
proposed Il code concerning ills, notes
and checks; AMI considered her qucs-
tons Of business law.
Ali the states appointing omission
crs expressly directed them lcal with
marriage and divorce. RI ing the
first, the conference has rt amended
that some ceremony, or f. atty, or
written evidence, signed ~ both
parents and attcSted by or more
witnesses, be required in q, rrriages;
ana that stringent prOVlS1 %. )e Hlauc
for their immediate recO, /. however
solcmnizcd or entered into.
Regarding divorce, it VIZ ."Peless to
seek agreement concerning. ,!scs and
methods, but tho confer recon-
mcndcd that no divorce be ntcd I'M
less the defendant is DOM / or has
been domicilcd within the e where
Che action is brought, or Ia. cen per
sonully served with process thin the
state. This would put an d to the
stealthy procuring Of divor in other
states than that in which he parties
reside.
Few as have been the recommended
tons of the conferences, thos" chat have
been adopted by state lcgisl urc& have
been fewer. The work Of 81, arg uni
formity i'll state laws must hG slrsv and
difficult. and partial ~ the b2jt; but as