The Hawaiian gazette., 1913-03-18

INC STATES ui thn Union Va thp UNOrt
90 secure uniform legislation the goal
recommended by tho Nations leading
lawvcrs including former PRESIDENT
Taft
inc territorial commission has boon
n existence for the past two years anu
has worked without compensation II
Is possible an act will bc parsed at
least providing for tho iypcwritur and
stationery expenses of too commission.
Well Considered Acts.
Says the report
90 Before recommending list Of stat.
utcs MS worthy of enactment In Hawau.
| it viii be well to emphasize the fact
tdat this movement. begun in 1909 by
tue American Bar Association, has gain.
ed such recognition that fortv-seveu or
more of the States and Territories have
embodied IN their statutes the recon.
mcndations Of the commissioners. The
Negotiable Instruments Act enacted
| here in 1907, is one of those statutes.
IL was worked out m final draft nv
eminent American law teachers and
practitioners, and had the approval, in
nearly every particular, of Mr. Chal.
mcrs. who drafted the English act. The
Sales Act, already adopted by Massa.
chusetts, Rhode Island. Connecticut.
New Jersey, Ohio and Arizona, among
others, is largely the work of the
learned Professor Williston of the Hair.
ward Law School. The Partnership Act.
originally drafted by Prof. James Barr
Ames of Harbor, has been under work
for several years, and has passed
through six tentative drafts. each draft
having been widely circulated and dis.
cussed The Stock Transfer Act, passed
through four tentative drafts before
adoption. Not only law practitioners,
Judges and teachers, but also bankers.
and other business men have had under
discussion and study these and other
acts prepared by the commission. So
that, by the time an act has come 10
the stage when ready for reeommenda.
ton to the legislatures, it has been per
fected by the very ablest study and cri.
tieism, as to both form and substance.
not only by theorists but by practical
men of affairs. Our legislature mny
therefore, feel confident that the fol.
lowing proposed statutes, copies of
which are submitted herewith, and
which are hereby recommended for
passage, have been we'll considered
Seven Acts Recommended.
In all seven measures are submitted
for consideration. These include
Warehouse Receipt Act, question not
covered by the laws of Hawaii, despite
the growing commerce of the Islands
Sales Act is given as next in i'm
portance. A stock transfer law is also
urged in order to give stock ownership
the maximum efficiency as CONNER.
clal medium.
The copy of a Bill of Ladinp Act
submitted is said to be the final result
OF nine drafts of such n measure made
by the national association. A more
uniform law relating to the incorpora.
ton of business corporations is sug.
gested as is more stringent law in
relation to desertion of family.
Uniform Divorce.
A uniform Divorce Act is more ur
gently asked. The commission goes into
some length on this question.
According to the report the bill now
suggested has been adopted by three
States. "The committee on marriages
and divorces" says the report, cap
pointed by the national conference
says:
Your committee as of the opinion
that the successful operation of the law
in the large and populous States of New
Jersey and Wisconsin, as well as Della
ware, will impress the committees of
other States with its merits, and sooner
or later all States retaining divorce
laws will appreciate the merits of the
uniform law
"Our legislature may well consider
whether it should now give its aid to
remove what Amasa NJ. Eaton, late
president of the body of commissioners,
characterized in his address before the
1909 conference as 'the disgraceful fact
that under our present discordant laws,
decisions of courts and lack of system,
man may be married in one State
and not married in another State, or
may have different wife in different
States, and yet not be guilty of bigamy,
thus enabling foreigners to point the
hnger of scorn mt our inability to agree
upon uniform laws that viii put an end
to such n disgraceful condition.
No Non-support Divorce.
1.-The act as proposed by the national
commissioners does not make non-sup-
port a ground for divorce or separation.
Our local law does (Revised Laws, see
ton 1928, as amended by Laws 1907,
Act 20, page 30; Revised Laws, section
2245). 1t may be that the resort to
This ground in cases of collision. has
induced the craftsmen, for reasons of
policy, not t. provide it, leaving the
injured wife to other remedies, such,
e. g., as those afforded by the statute
relating to non-support and desertion,
referred to below. The argument for
such an omission would not be without
force in view Of the fact that the efTec-
tiveness of our divorce laws is, in no
small degree, measured by the strength
OF the weakest statute Of any of The
States or Territories. II Will be noted
that it may be desirable TO retain the
ground of divorce, peculiar to our law,
Of contraction of incurabIe leprosy,
which does not appear in the uniform
law measure. Also, the uniform act
(seetion ], subdivisions (. ~ differs
from the local ule in regard to the ago
qualifying for marriage, tho age being