The St. Louis Republic. [volume] (St. Louis, Mo.) 1888-1919, 1903-12-21

! StateS-the movement for uniformity OF
| divorce laws should be heartily en-
couraged. That it will be entirely
cessfu in the future is
expected. That it will soon be carried
| far to abolish the abominabe scandals
that have grown out of the easy divorce
laws of various States at various times
is confidently predicted The entire fam-
ly of States share in the disgrace of these
proceedings. They strike at the founda
ton Of society-the family, the home 1t
is impossible to conceive of a continuance
of this abhorrent evil simultaneously with
progressive civilization.
To the Posts specific recommendation should be
added certain others equally specific respecting
which the needs are we'll defined. Uniformity in
insurance laws is garng need, TO which The Re-
public has repeatedly called attention. The need
illustrated by MIssouris recent experience when
its laws operated practically to drive numbers Of
insurance companies from the State. thereby redu
cling the supply of insurance to point far below the
demand and increasing the price thereof. 1nsur-
ance is a matter of common interest to all States
Stability and permanence Of insurance conditions
can come only through uniformity of laws. Other
wise variant laws drive insurance capital here and
there without reference to the actual needs of
given locality. Disproportion of supply and de-
mand must inevitably result This subject has
ceived special attention from the State Boards of
Commissioners which meet for the purpose of pro-
noting uniformity of Interstate legislation. but as
yet satisfactory law has been determined upon
which adequately suffices
The subjects specifically considered by the com.
mission besides those mentioned. include corpora
ton laws business. real property. testamentary
laws. and laws governing commercial paper ana
common carriers The scope of the commission has
greatly enlarged since it's organization more than
twelve years ago, and much good has been accom-
plished along several lines of legislation, notably
that of commercial paper. City and State bar as
sOciatons and especially the American Bar AssOcia
ton, have deeply laid hold of the work.
Throughout the United States the need of uni
form legislation has gradually and increasingly ac
centuated ITSELF Latterly conditions attending TIE
country's rapid development, which make for null
tplicity and complexity In many of the important
social and business relations have forced a wide
consideration to the question.
The Republic has urged and urges that by far
the weightiest consideration In contemplating the
matter of uniformity is that which has to do with
maintaining and perpetuating the autonomy of the
States themselves; contendng that the tendencies of
State legislation conflicting with the principle of
general custom the operation of that principle,
go vitality to the existence of the States themselves
as several distinct and independent States.
Autonomy is by no means a God-gven natural. |
inherent right of the States. II Is artificality,
expe1ient. The dual system of government out
of which rises the autonomy of States adopted
because it suited the countrys and the nations
needs. 1t was and has been practicable and use
full system and should be maintained but 1t would
be wholly unreasonable and unphilosophca to deny
that when State autonomy ceases to the best
purposes of society it will give place to a modifca
ton.
Certainly autonomy will not be preserved as a
theory or by mere sentiment independently of its
value. 1t must be real and serviceabe autonomy
and not mere abstraction. But it becomes no
more than an abstraction when national laws are
suffered to encroach upon the States field of legis
lation And encroach these national laws inevitably
will if conditions demand: if the people with
that instrument obtain effective government.
When laws of the different States owing to their
diversity and completely. prove weak to cope with
conditions of alike to all the States
and with conditions which though general and im-
portant properly fall within State as opposed to ma
tional regulation then national regulation must SUI
pervene-as in notable instances it has done-and
autonomy cease to be more than an idea.
Custom is ultimate law which is to say that 1t
finds its expression in law; and com
mercial and social custom throughout the United
States is growing toward greater and greater uni
formity-because, as was pointed out in previous
of the ten thousand ties of interstate re-
lations political social and commercial which knit
the country; because of the facts of steam and
tricity the telegraph and telephone. which know no
State boundaries; because Of the placement of Sec
tional and provincial differences through the multi
piled facilities Of travel which render all people ac
cessible to each other; because of the likeness of
all over the country, and the likeness Of
social and domestic relations the likeness of educa
ton and habit: because of the tendency toward
of the people, toward the massingI
Of population, toward consolidation of interests be
cause Of the growth of common pursuits, common I
use Of new inventions and adoption of common In
novations and fashions. Broadly stated, the power
fu tendency of custom toward uniformity threatens