The New York herald., 1922-03-12
MATERNITY LAW
INVASION OF STATE
Opposition to Sheppard Tow
ner Act Registered in Bar
Report.
OTHER BILLS OPPOSED
Conciliator to Settle Litiga-
tions Condemned as
Harmful.
OTHER BILLS OPPOSED

The committee on amendment Of law
of the Association Of the Bar of the City
OF New York reported yesterday to the
association 1t Is opposed to the Shep-
pard-Towner law as legislation which
will amount to an invasion of the SOW
ereignty Of States by the Federal power.
Described as an act for the promo
ton of the welfare and hygiene Of ma
ternity and infancy" says the report,
ut provides in rather vague terms for
an appropriation. out of the money in
the Federal Treasury not otherwise ap-
propriated, OF various sums to be paid
to the several States for cooperating
with them in promoting the welfare OF
maternity and infancy. But to secure
the benefits of the appropriations au-
thorized States shall, through their
legislatures. accept the provisions OF the
act and designate the creation OF state
agency to cooperate with the cniidren's
bureau Of the Federal Government"
"The effect of this bill would be to
recognize the right of Congress to exer-
else police power within the State OF
New York, to abdicate the exclusive
right Of the State to deal with matters
OF internal police and with health meas
ures operating within the State, ana to
confer such right on Congress. 1t FUR
ther amounts to an admission that the
State of New York Is not qualified to
deal with the welfare and hygiene OF
maternity and infancy Of those dwelling
within it's Jurisdiction, and that 1t Is
financially dependent upon the general
Government for the performance OF this
Important State function.
Because the enactment OF this Dill
would be regarded by this committee
as an unfortunate precedent, which
would ultimately. without constitu-
tional amendment, change the entire
structure OF our Government and elm
mate from it the State as to matters
which are unquestionably of State
concern, and not because the COM
mittee has any objection to action, by
the State itself which would promote
the welfare and hygiene Of maternity
and infancy. this bill is disapproved."
A bill offered in this State for the
appointment-his salary and the main
tenance OF his office to be charged
upon New York county-of a concilia-
tor whose duty shall be so far as pos
sbble to persuade litigants to settle
their differences out Of court, Is dis
approved on the ground that most
trial justices already devote as much
of their time to conciliation as they
do to hearing cases. Nor is IL easy
TO understand" the report states, how
a single individual appointed by the
justices can accomplish any useful
result or how they can agree upon a
person who possesses the extraordi-
nary qualities without which the office
sought to be created would prove
harmful rather than useful"
The report disapproves also a bill
TO change the election law with the
aim of rendering the business of vot-
ing simpler for the voter. the commit
tee stating that the aim Is commend
able but that the process recon-
mended is not. 1t approves severai
bills IMPLYING court practice and
disapproves another which, It says,
aims to simplify but in reality con-
fuses. and finally disapproves a bill
which would render exempt from in
come tax any mortgage registered un-
der the Torrens law for registering
titles.