The daily telegram. [volume] (Clarksburg, W. Va.) 1901-1926, 1916-01-15
STRONG PLEA MADE
FOR UNIFORM LA WIS

WI! " De uee'io!eu v! 'hs "i""'
ranted assertion OF 1eaerai power, anu
WITHOUT allowing s'ate actloh 10 thfow
OUT Oh gear lhe REQUISITE machinery
ior uni'y Vi cohlroi Ill ha'ioiiai co'i-
Germs.
Varelul khorts:
ms ne sald' Tdemahus iar more
careiui enorts III co-operalloh thah
we nave hltherto put iortn'
Inc speaker men dWeit upon tne
judicial junction IN determining the
scope anu validity OF STATE ana iederai
laws, ana sala that important as ms
lunctioli was IL should Eot NC over,
Duraehed' nor shou'a work ne expected
OF IL Which snouid OTHERWISE ne per-
formed.
yer! olten' ne sald' the amer.
ences 'hat eAist between state anu
ieoeral laws governing ulhereht
phases OF the same general ACTIVITY
are due more TO accident OF lack OF
iorethought than TO ai1erence IN de-
ilDerate purpose. we nave had IN our
states 100 niue regard ior the renoter
ana indirect consequences OF ieglsiat-
tloh. mere mas Deen, perhaps 100
much Thought OF questions OF ABSTRACT
power rathef than OF its sagacious use
by those VINO aiter all must nave a
common prosperity or none at all
some progress very gratltyihg' mas
neeh' maze toward unlfyhe our conf
merclai law by the enactment OF UNI
FORM acts III many STATES reiatihg 10
nesotiable Instruments warehouse re-
celpts. Dllis OF iaoins ana safes. but
IL shoulu DE possible 10 10 iar more
than mas neen zone IN the promotioh
OF agreement rather thah diversity
inasmuch as our people are 10 very
great extent inspired by the same
Ideals. Wheh congress mas ieglsiated
on a SUBJECT Wlthn us province fara-
IONS IN statutes as 10 corresponding
activities ~ the local held may well
be examined 10 see whether such varia-
tlons are worm whlle OF whether II
would be possible TO secure harmony
without sacrifice OF any real local m
terest. Inc various aamlnistrauVe
commissions easily provide opportuni-
tles ior dellDeratlon ana conference
wnlch should ne OF hestlmanle I'M
portance IN avoiding unfortunate al
ferences, particularly whch the iegls-
latlve pollcles UNDERLYING admimstra-
tive acton appear 10 ne laentical. In
most cases diiferences yield TO COM
plete understanding OF tacts ana equip
ment for competent Investigations
should diminish the dangers OF con-
fiiet. 1t would seem 10 De clear that
bodies OF intelligent men dealing as
experts, Tor example, with the inter-
state and intrastate phases OF traflic
situations, should be IN practical ac-
cord, or that at least such differences
as may appear to exist should be put
to the test or mutual statement, analy-
sis and consultation under plans more
definitely designed to prevent unnec-
essary Emergencies, ] should think
that many OF our difliculties might be
solved by perfecting the machinery
of administration with the direct pur-
pose OF promoting harmony OF action
in dealing with those activities which
are conducted In the world OF Affairs
as parts of the same enterprises
But nothing could be more lament
able, he continued. in the enactment
of uniform state laws, formulated
with the purpose OF unifying the conf
mercal law Of the country, than to
treat the uniform act as an outgrowth
of the separate law of the state and
through conflicting interpretations to
create new diversity in place of de-
sired unity. 1t calls for statesman
like appreciation of past, present and
future through which alone the judge
can discharge his responsibilities as
the Interpreter of legislation in the
expanding life OF democracy"
AS to legislation affecting the courts,
he declared that the tendency TO thrust
administrative duties upon them "un-
/ dnuhtadI, a riuoc from dtStrliSt 0f nnW-