Evening star., 1936-05-24
Secondary Federal
Organization
BY FREDERIC J. HASKIN.

measure, parallels the Federal Govern
ment. 1t is the Council of State Gov
ernments and has to do with Cooper
ative action among States, entirely apart
from their cooperative action as inte-
gral parts Of the United States. Fifteen
States already have a permanent place
in this new federation and others are
expected to join rapidly. Two con-
crosses have already sat.
The erection of this new government
does not, in any sense, represent a
secession, but 1t does represent an asser-.
tion On the part of the States of their :.
rights to act in concert and apart from
Federal participation. An excellent idea
Of what is being done can be cleaned
from the statement of Joseph C. Paul of
the Subcommittee on Labor Compacts.
of the New Jersey Commission on In
terstate Cooperation. Mr.. Paul said.
that the Supreme Court had given the
States their opportunity to demonstrate
their capacity to act In concert and thus
to check the tendency to centralize ell
control and all authority at Washing
ton"
The Council Of State Governments is
new In its present concrete form-little
more than a year old The State of
New Jersey started it, the Legislature in
1885 creating commission to cooperate
with other States. Whether it be coin
cidence or the old story of history re-
peating itself, 1t is interesting to note
that in 1887 a group Of SIS delegates from
IL States met at Philadelphia. whera
they discussed what was called the New
Jersey Plan. That plan was system
for cooperation among the several
States, apart from the Federal Govern
ment. States rights was the issue then
as, to certain extent, 1t is now
Every lawyer and not a few laymen
are aware Of the difficulties which arise
from the multiplicity of State laws and
their lack of uniformity. What is legal
in one State is not legal few steps
across the border. After many years Of
effort some measure of uniformity has
been attained as to few matters The
American Bar Association has ceaselessly
worked for uniform bankruptcy laws.
and some uniformity as to patent medi-
cine laws has been achieved This was
done piecemeal and with something less
than complete success.
y
The first congress of this extra Federal
Government had on its agenda four
bills. the nature of which indicate what
is being sought. First was the close
pursuit bill, then the eXtradition bill,
the out-of- State witness removal bill,
and the out-of-State parolee bill. In in
ternational law the doctrine of hot pur-
suit has long been recognized. 1t Is
the doctrine that the ship Of one nation
may pursue an offending ship beyond
the three-mile limit and take 1t without
infracting the immunities of the high
seas, provided that pursuit started
within the three-mile limit and was
hotly pressed.
The analogy is perfect. The Council
of State Governments wants concert Of
action by State Legislatures providing
that where the peace authorities of one
State begin the pursuit of a criminal
they may continue it over State line
and make a capture on territory alien
to their own without the fugitive's being
able to claim sanctuary. AS it is now,
that is impossible. One State may ask
the cooperation Of another in appre-
hending a fugitive, but that often in
wolves endless red tape which gives the
fugitive opportunity to make good his
escape.
AS their names imply, the other meas
ures would permit one State to reach
across borders without the elaborate
forms of extradition of suspected Grim
inals, witnesses, or persons who had
broken their paroles and fed to an
other Jurisdiction In a word the States
adhering to the council would, as among
have interstate powers akin
to those of the Federal Government even
when no Federal question was involved.
~ X
The council enlisted the aid Of 26
leading law colleges in drafting model
bills, took the best features Of each bill
and then sent the final draft
to the Governor of each State asking
that it be submitted to the Legislature
for enactment. New Jersey already has
passed all four bills. Illinois, Indiana,
Maryland and Michigan have adopted
the bill relating to PAROLES and, in five
other States, the measures are pending
before the Legislatures. This is an off,
year for Sittings of Legislatures so the
action has been slow-yet far more rapid
than in the case of many another legis-
lative scheme whether State or national
Crime control Is but one branch Of
the work which the council hopes and
expects to accomplish. Several years
ago the New England States entered
into a compact for concerted interstate
action in that region as to labor legls-
lation. 1t now is expected that uniform
labor legislation, not distantly following
the N. r. A., will be adopted.
Uniform tax legislation is another OBJ
iective. 1t has been the experience that
one State has seen At to levy or in
crease tax upon some form Of industry.
The industry has calmly moved across
a State line. In some cases, 1t is recog-
nized, such a removal might be justi-
fed to escape an unconscionable i'm:
post, but with a concert Of States. some
medium might well be achieved whereby
one State could not rob another Of a
tax producing activity.
r y
There, doubtless, will develop regional
concerts of States related to regional
conditions. The Middle Western States
might act together on flood control Leg
islation. Oil production control might be
an important regional affair for the
Southwest. Already, apart from the
present council and after long pickering,
Virginia and Maryland entered into q
compact concerning the oyster fisheries
Of Chesapeake Bay, while Southwestern
States had the Colorado River Compact
70 deal with and Washington and Oregon
he Columbia River Compact. Ques-
ions of stream pollution are constantly