Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1917-02-10
Uniform State Legislation.

I 1t is serious defect of our federal
system that forty eight state legisla-
lures are continually dealing with
matters Of common interest in differ
ent ways. The constitution leaves to
the states all powers not expressly
granted TO congress. These include
the right and duty to legislate on
various subjects wherein uniformity Of
practice among the states is of great
importance Yet no means of obtain
ing that uniformity is provided.
A considerable degree of success has
attended the efforts of the national
conference of commissioners on uni-
form law. whose Minnesota members
! have just made their third biennial re-
| port to the legislature. This confer
ence is a species of federal congress
in which each state legislature is rep
resented by commissioners. Its work
is the drafting of model uniform acts
for submission to the various legisla-
lures, after they have been approved
by the American Bar Association
The first act perfected was the
negotiable instruments acts in 1896.
and this has been adopted by all but
four of the states. The warehouse re-
ceipts act, perfected ten years later,
has been made law in thirty one
states, the bills of lading act of 1909
in eleven states, the stock transfer act
OF the same year IN ten states, and the
partnership act of 1914 in three states.
This year limited partnership act
has been made ready.
These are uniform commercial acts,
her, oft Of W. lI 1r,ti 90, IN. hfts
ness is obvious. There are also acts
designated to bring about uniformity
in marriage and divorce laws turnout
the nation. Only three or four states
have yet enacted these model laws.
Then there is a class of acts de-
signed to serve as models adaptable to
state conditions. They include ia g
on family desertion. child labor, cold
storage pure food and workmen's
compensation. Thlrty-thre states
have legislated on workmen's coIrpen-
sation, but with no uniformity Of de-
tail.
One objection frequently made to
uniformity of state legislation has
been that the courts Of the various
states will put varying Interpretations
on the same laws, and thus introduce
variations despite the identity of the
language used. To meet this objec-
ton the conference maintains. with
the cooperation III the bar associa-
ton, a committee on uniform judi
cial procedure, which has done much
10 assist and inform the courts III
constituting these uniform acts.
The United States supreme court
gave great support to the uniform
legislation idea by decision handed
down a year ago in Louisiana case
involving the warehouse receipts act.
II had been argued in this case that
the Louisiana LAM must be construed
in the light Of Louisiana presidents
made before the law was passed. The
court said: we think that the prin-
ciple OF the uniform act should have
recognition TO the exclusion of any
inconsistent doctrine which may have
previously obtained in any of the
states enacting 1t"
The Minnesota commissioners urge
that the Legislature should make con-
tribution TO this important work of
uniform Legislation by a small sup
porting appropriation and by enacting
the model laws for sales of goods
transfer of corporation stock, bills Of
lading, marriage and marriage license,
marriage evasion, divorce and annul-
ment Of marriage and extradition OF
persons of unsound mind.
The Legislature should give care
full attention TO these recommends
tions.--Minneapolis Journal.