The Hattiesburg news. (Hattiesburg, Miss.) 1908-1917, 1911-05-03
Mr.. TRAVIS On UNIFORM
LEGISLATION BY STATES
Continued from Page One.J


that the powers of the states were be-
ing gradually surrendered to and as
sumed by the general government.
This was being effected mainly under
the interstate commerce clause of the
constitution.
Two Solutions Suggested.
Two solutions were suggested. There
were those who insisted that the rem
edy lay in extending the power of the
national government. Others contend
ed that the situation demanded the
harmonizing of conflicting state laws
relating to general subjects which af-
fected alike all the states. They felt
that our country was so great, its
population so numerous and its inter
ests so vast and intricate that the
national government would be taxed
beyond it's capacity, if not limited to
the subjects delegated to it by the
constitution as amended. They
thought it fatal to our republican form
of local self-government to further en-
large the powers of the general gov
eminent; that the perpetuity of our
institutions was dependent upon the
full exercise of the powers reserved
to the states; that local self-govern-
ment is dependent largely upon the
states rather than the nation; and that
our dual system should be maintained
without further enlargement of the
national power. This school of think
ers concluded that the failure on the
part of the separate states to adopt
uniform laws relating to subjects that
affected them alike, was largely re-
sponsible for the situation. 1t APP
peared quite impossible, with the two
units of sovereignty out of harmony
with each other, and the constituent
parts of one of the units in hopeless
conflict with themselves, to have "a
more perfect Union"
Points Conceded.
But, before passing to the Inaugural
ton of the movement, it is well to
note the following points which seem
to be conceded, and within the bounds
of which, the work must be prose-
cuted:
First That the national govern
ment is sovereign within its sphere,
and those favoring uniformity desire
that it shall be maintained in all its
efficiency within the limits of its le-
Ultimate powers, and will lend to it
their aid, admiration and support;
Second. That what is accomplished
for uniformity must be in harmony
- with the United States constitution,
and especially that provision which
prohibits any state from entering into
any agreement or compact with any
other state without the consent of Con-
gress;"
Third. That the state is sovereign
within its sphere, having the right,
without consulting the other states OF
the nation, to deal with subjects affect.
ing it and its people only, as it may
deem eXpedient;
Fourth. That the states together
represent a portion of the sovereignty
of the nation; 80
Fifth. That all powers not delegat
ed to the general government nor pro
hibited to the states, were reserved to
the states or to the people, leaving
no neutral zone between the two juris
dictions, over which neither has au
thority, save that of fancy, or that
arising from lack of the accurate
knowledge necessary to classify;
Sixth. That the movement is in
tended to deal only with such genera
subjects as affect similarly all or {
number of states; and
Seventh. That the movement il
non-partisan and non-sectional, intend
ed by mutual concessions and cooper
alton to harmonic state Legislation
wherever practicable, so as to pro
mote the general welfare of the pee
pie, the states and the nation.
How Movement Originated.
The movement for uniformity wa
originated by the American Bar AssC
citation, at meeting held in Angus
81, 1878. The Association has met ar
nually since its organization. 1t no7
has a membership of some four thol
sand, and in this membership are il
Guided many of the best and creates
men of the profession from ever
state. The initial movement for un
formity was at the 1889 meeting {
the Association. 1t then adopted tn
following resolution:
Recognizing the desirability of
uniformity in the laws of the sew