The Portland daily press., 1901-01-30

ing the wsole body Of the INV IN a-eooe'
yet this bill dealt with distinct branon
OF the law and Mr.. Heath did not believe
that II Maine joined with The 10 other
states In the passage OF this bill, the
state would thereby be showing tenden-
cy to depart from the prin5iples OF the
common law. MIR. Heath quoted re-
mark made to him by Judge Danforth
many years ago to the effect that the
law In relation to negotiable instru.
ments stood apart by itself ana was so
confusing that q lawyer could not hope
to master 1t without constant references
to his books. In view OF the fact that
nearly % psr cent OF the business OF the
country Is done by negotiable instru-
ments, Mr.. Heath said 1t seemed 70 him
that In this matter Maine owed moral
and legal obligation to other states to get
into line with them as fast as safety
would permit, 90 that this matter
should not be left to the conflicting
opinions Of 45 different courts.
Hon. Hannibal K. Hamlln, the presi
dent of the Senate, and member OF the
Maine commission on uniformity Of
| legislation, was the next speaker. he
thought that while no bill could be made
perfect, this was one which had been
prepared with great care and persistent
effort. While 1t cannot be claimed that
the bill Is perfect, yet 1t seems to be emil
nently lifted to secure its purpose. Mr..
Hamlin hoped that Maine would not be
behind other states in this matter.
Hon. Louis q. Stearns OF Bangor spoke
In opposition to the bill. lie said that
two years ago and four years ago ss a
member OF the COMMITTEES he had ex-
amined the bill with care and had con-
cluded that it should not receive pas
sage, and the two years that bad since
elapsed had not altered that conviction
Judge Stsarns based his opposition to
the bill on his objection to a movement
In the direction OF the codificatlon of
the laws. Now 1t Is alleged that this
bill, although 1t be code, ought to be
passed because IL has been passed In 10
states and the District OF Columbia, but
With two or three exceptions all those
states have code of practice MIR. Lib
by had said that this bill does not essen
TALLY change the existing law, but makes
it certain. We don't want a code yet
this law while not changing essentially
the present law, creates a code. And
you would not get certainty because
opinions alrsady differ as TO the mean
ing OF this very law. There Is not now
uniformity under this act, for New
York has added to It three very impor
tant sections. Judge Stearns maintained
that the courts in the different states
lean in their decisions to the law an 1t
previously existed in those states. lie
thought 1t would be cruel to force men
OF his age to examine In dSsAil the pro-
visions OF this bill every time they were
called upon to give advice under 1t. 1t
was a task from which he shrank. In
conclusion, he said: There is no legisla
tion OF which / can conceive that would
to me be- less important than this.
Through thick and thin we have chung
to the common law and do not be
lieve we want to make such changes as
this.
The hearing on the negotiable instru-
ments bill being closed, MIR. Libby adj
dressed the committee on another bill
recommended by the commission. This
deals with the method OF procedure in di-
vorce cases. In beginning his remarks,
MIR. Libby said that he should not speak
of the general subject of coditication but
II seemed to him that Maine had been In a
fragmentary and incomplete way codify-
ing law since 1t began enactiDg statutes
In 1890 and while MIR. Libby said that he
did not believe in q general oodihoation
he saw no reason why when many
statutes had grown up they should not be
brought into harmony.
Mr.. Libby explained the provisions of
the bill in detail. 1t does not change |
the causes of divorce in the different
States but it seeks to do away with the |
evil of migratory divorces, which
have 5sen so great a scandal in Western |
States: to strengthen the provisions for
notice to the defendant in a suit for di- /
vorce; to prevent the granting of di- |
vorces in secret as is sometimes done in
other States; 70 permit the remarrying |
of the parties, now forbidden in some |
States, and to accomplish other things
tending to uniformity of practice. The
evils which the bill seeks TO remedy have
not been felt in Maine as they have in
other State, To prevent migratory di-
verses, The law provides that
where divorces are brought in
State for cause arising in
another State that cause must be among
the legal causes for divorce in the State
where action is brought and the party
bringing the suit must have resided two
years in the State. To give notice to the
libellee, it is provided, among other
things, that the libelant shall have dill
gently tried for six months TO give such
notice before notice by publication may
be given. The bin also contains pro.
vision for the granting of DEGREES nisi
To this provision, Hon. Herbert NJ
Heath said be wanted 10 enter an objec
4.