Evening star. [volume] (Washington, D.C.) 1854-1972, 1900-08-29
A TALK TO LAWYERS,
Elk Senator Henderson Addresses
American Bar Association.
YEARS LEGISLATION REVIEWED
He DweIIs on Advantages Of Uni
formity in State Laws.
SOME NEEDED CHANGES

SARATOGA, N. Y, August o. - The
opening session of the twenty-third meet
ing of the American Bar Association was
held here today. The presidents address
was delivered by ex-senator Charles F.
Henderson of Omaha, Neb.. communicat-
ing the most noteworthy changes in statute
law on points Of general interest made in
several states and by Congress during the
preceding year
Charles 8. Henderson. the president,
in his annual address, spoke first Of the
purposes and the results accomplished by
the American Bar Association during the
twenty-three years of its history.
The high purpose and lofty aim Of the
founders, he said. is well expressed in its
constitution 1t declared the object to be
Ito advance the science Of Jurisprudence,
promote the administration of justice and
uniformity of legislation throughout the
Union. uphold the honor Of the profession
OF law. and encourage social intercourse
among the members of the American bar"
1t has justified its existence by it's &C.
complishments, he said. The persistent in
dustry and acknowledged ability of its
members, whether exerted in private ca
pacity. on it's committees. OF at it's annual
meetings, has accomplished many of the
ends in view, and been productive of good
to the general public.
The association has not rested content
with mere theorizing. 1t has profited by
the teachings Of the leaders of thought and
brought about many of the reforms so abby
advocated.
The section Of legal education has dis
played an activity and persistence that has
brought about a more thorough system of
instruction, higher standard in our law
school a more careful scrutiny of the ca
pacity Of applicants for admission, the
creation of state boards Of examiners and
a near approach to uniformity Of the stat
utes governing those who would enroll
themselves as lawyers. Mr. Choate says
that the result has challenged the admira-
ton of jurists everywhere and declares
that this development Of professional edu-
cation and training Is the best fruit yet
borne from the careful studies and labors
OF the association.
Advantages of Uniformity.
Much has been said Of the advisability
and the many benefits derivable from uni
formity of statutes among the states. We
cannot overestimate the Importance Of uni
form laws upon matters incident to COM
mercial law. such as acts relating to nego-
table instruments and bills of exchange,
concerning days OF grace and the collection
of debts. If the laws relating to deeds,
wills and descent were alike the country
over, the best legislation surviving, how
much of needless, expensive and trouble
some litigation would be saved
1t has been truly said like mindedness is
the cause Of all social stability" The in
stability of the relation Of marriage the
frauds perpetrated upon nonresident de-
PENDANTS and upon the courts, the destruc-
ton of domestic happiness and the misery
to children incident to the present diversity
of divorce laws in the states need not be
diated upon. uniform divorce law would
help to maintain and sanctify that safe
guard of American life-the home.
Although much has been done by the as
ISOLATION through the medium Of the con-
ference of the state commissions on uni
form state laws, which has it's being In
thirtytwo states, there is much yet to be
done.
Sad to say. The Hague conference, that
seemed to be the rainbow OF promise .ap-
peared rather to be the signal for increased
armies instead of disarmament and renewed
activity in preparation of conflict War is
in the air. But let not despair. Even
II the evolution of perpetual peace seems
farther off than a year ago, still there Is
much that can be done by our committee
on international law. and by the associa-
ton. In mitigating the horrors Of war and
to humanize some OF Its brutality.
After referring to the death Of prominent
members-Edward John Phelps. William
Crowninshield Endicott, Sherman Skinner
Rogers and also Lord Russell-he noted
constant increase in the number Of state
bar associations. nearly 300 having been re-
ported to the secretary.
He expressed the hope that every men,
Der OF the association would actively aid In
fitting celebration of John Marshall day
February 4, 1891
In speaking favorably Of an international
bureau for the unification of the law the
president read a letter addressed to him by
the Secretary of State. John Hay. who said:
1T Is appreciated that the collection and
publication Of the principal pieces of legis-
la ton of the civilized states of the world
from year to year by central bureau
might greatly facilitate the study Of COM
parative Jurisprudence and by its enlight
ening influence tend to the amelioration Of
the common law, well Of the munich
pal law of nations. In his reply the pres
ident had said: The practical difficulties
in the way are numerous and almost forbid :
ding in their character. The method for
the collection of the material and it's util-
ization by central international bureau
might well be considered by a congress Of
place in Europe. Certainly such action
could not possibly result in harm. and from
1t much good might result"
Changes in State Laws.
A considerable portion of the address was
devoted to the changes in the several states
and in Congress during the past year.
The evil of over-legislation. of the pas
SION for law-making, he said. continues
with undated force in the states, bringing
in it's train the ills of paternalism dead
letter statutes. with disregard and even
contempt for law. Luckily there some
constitutional limitations upon legislative
power, ana tnDSc VINO nave IFaIneO organic
acts have sought in some degree to check
the avaricious appetite of the annual and
biennial legislators. That, in the minds of
the people, there is a growing distrust of
legislative bodies. and fear of the course
of their leaders, Is shown by the actions of
the later constitutional conventions in cur
failing the length of sessions. the substitu-
ton of biennial meetings, the prohibition
Of special laws, the forbidding of the grant
of exclusive privileges to any corporation
or association. the requirement that the sub
ject Of every act shall be clearly expressed
in it's title, that there shall be a separate
act for each subject and that the several
readings of bills shall be upon different
days. Few realize that there were enacted
in 1899 4.S34 general and 9,325 local, spe-
cial or private laws making a total (hardly
entitled to be called n grand totaD Of Ii, 16g
laws in the states alone. The proportion is
as large In 1900. the only relief being that
fewer states held legislative sessions. Gen
tlemen of the American Bar Association
you can do much to bring about q better
the public mind the weil-recOgnized doctrine
that that government Is best which gov
ems the least
In commenting upon the trouble I'm Ken
lucky the president said. Quiet reigns in
Warsaw" Kentucky apparently is quies-
cent, but the seeds of trouble remain In
her legislation. ready to sprout and bring.
as the harvest, more trouble and greater
tragedies unless the corrective Is applied.
CommendatOry reference was made to