the1 the he s pages. One of these makes an endeavor on a large liq scale to do away with the trouble, acerbities and expense of legal controversy over small matters by providing for the election, concurrently with jus-lating to elevators and warehouses. tices of the peace, of four commissioners of conciliation, in all towns, villages and cities, whose beneficent services may be called into play on the consent of both the contending parties at any time after the issue and before the return-day of the summons in any civil action before a justice of the piece, tempt is made at the destruction of the Russian thistle and other noxious weeds. The doctrine of Munn v. Illinois is vigorously asserted by an act re זב North Dakota has also provided herself with a new suit of codes, but, by express provision, they are not printed with the other acts of the session and I have not been oble to obtain them. Cigarette smoking is subjected to severe restrictions. No one is permitted to sell, give away or use any cigarette containing any substance "foreign to tobacco," and deleterious to health. This intimation that tobacco is not regarded as seriously deleterious to health has a comforting tendency. The selling or giving to persons under seventeen years of age of cigarettes, cigars or tobacco of any kind is also punished; but the boys themselves may smoke ad libitum, if they can procure, as they probably will, the cigars and cigarettes containing no substance foreign to tobacco. On second thought the Legislature seems to have concluded that it might be somewhat difficult to prove the composition of a cigarette after it had been smoked, and the next act passed by it is one absolutely prohibiting the sale of cigarettes "of any kind or form." The humane dispositions are gratified by an act for the prevention of cruelty to animals. It is not surprising to find that the chief products of a State find protection in its legislation, and that where dairies abound the substitutes for butter and cheese should not be allowed to be palmed off for those articles. Still it seems fair that the makers of these substitutes, provided they are wholesome, should be allowed the common privilege of naming their wares, if they do not ususp names appropriated to other things. But North Dakota compels the manufacturer of a substitute for butter to stamp upon the packages "Patent Butter," a name perhaps which he would not himself prefer; and whoever sells substitutes for the historic butter or cheese must furnish the purchaser with a card stating correctly the different ingredients of the article, a requirement which the vendors of compound substances are not usually subjected to. The advancing civilization of this State is manifested in several acts for the promotion of comfort and decency in and about school-houses, the prevention of the circulation of obscene literature, and the creation of a Historical Commission. An at The effect of rigorous attempts to tax personal property are strikingly manifested by an act permitting county treasurers at any time after the taxes upon personalty have become due, if they have reason to believe that the person against whom they have been assessed is about to remove himself or his chattels from the county, to immediately seize and sell sufficient personal property to pay the tax. Something is wrong in Denmark when the inhabitants of a taxed district seek to leave it to escape the taxes. NORTH CAROLINA. A numerous array of acts is exhibited in this year's volume of the laws of North Carolina. The most noteworthy which I have observed among them are two, one dealing with the subject of taxation and the other with that of elections. The former nearly exhausts human ingenuity in contriving as many different forms of taxation as possible, instead of seeking to make them as few and simple as possible. Property is taxed, incomes are taxed, licenses in multiplied forms are required for carrying on occupations. This formidable machinery involves the creation of nineteen distinct penal offenses. That such a complicated system can be operated with efficiency, harmony and justice seems impossible. The election law seem to be an elaborate revision and amendment of the prior law, but I do not discover in it any novel features of interest to other communities. OREGON. A contest for the election of a United States Senator so far occupied the attention of the Legislature as to leave comparatively little time for attention to other public business. A quite novel piece of legislation is shown in an act giving the right to take lands for the construction of railroads, skid roads, tramways, chutes and flumes for the purpose of transporting lumber and other products, the facilities thus provided being deelared to be for the public use. All persons can use them upon paying reasonable compensation. The public necessity declared by the act as the justification of such legislation and of its immediate operation, is that of speedily developing the mineral and other material resources of the State-a rather liberal application of the right of eminent domain. A policy adopted by several other States during the past year is followed in the establishment of irrigation and dyke districts for irrigating lands in some places and securing against overflows in others. These districts are authorized to assess upon the inhabitants the expense of the works constructed, but lands not needing irrigation cannot be included against the will of the owners. The practice of medicine and surgery is regulated in a manner similar to that adopted this year in several other States, by requiring licenses from a board of experts after examination. Three schools are recognized, regulars, eclectics, and homopathists. A rather large demand is made on the Oregon Railway and Navigation Company by an act providing that when any person or company anywhere between certain designated points on the Columbia River shall build and grade a side track, it shall furnish iron for the track, and cars for the transportion of freight, and maximum rates of freight between those points are fixed by the act. The only security which the Company has for reimbursement or compensation for laying down rails and furnishing and running cars, is the probability that no one will construct and grade a track except where there is a prospect of a considerable amount of transportation. It would appear however that if the Legislature can compel a railway company to do this, it might also compel one to extend its line beyond the termini mentioned in the charter. PENNSYLVANIA. This great Commonwealth has distinguished itself by rejecting much proposed legislation of a novel character, and called communistic by those who do not approve of it. It has exhibited exceptional liberality towards institutions for the higher education, bestowing upon the University of Pennsylvania the sum of $200,000. It has recognized the sad neglect which has hitherto been shown in relation to a great public interest by enacting a general forestry law, making provision for the preservation of forests from which much good may be expected. It has made a probably useful change in the law of evidence by permitting the comparison of genuine with alleged simulated signatures; prohibited the wearing in any public school by any teacher of any religious garb, badge or symbol, and greatly enlarged the powers of bank examiners. RHODE ISLAND. ination and license. The patriotic movement against the display of foreign flags on public buildings was seconded by legislation for that purpose. The advantage which fire insurers are supposed to enjoy in dictating the form of their engagements was done away with by an act prescribing the form of policies, and a step in the right direction was taken by an act providing for the construction of public roads in certain cases by the State. SOUTH CAROLINA. The violent politieal dissensions in this State do not appear to have left any conspicuous mark upon its legislation at the last session, unless it be in the provisions of the act providing for a constitutional convention and a registration of voters to that end. The latter has been declared unconstitutional by the United States Circuit Court. The most noteworthy permanent legislation is an act rigorously forbidding in any form, direct or indirect, the consolidation of competing lines of railroad. A patriotic interest in the history of the State is evidenced by an act creating a commission for the purpose of collecting and publishing matters of interest connected with such history. SOUTH DAKOTA. This State establishes a State Board of Health with extensive powers; amends her tax laws with the determined purpose, common to so many States and equally sure to be defeated, of taxing everything which passes under the name of personal property, and insists upon taxing many things of this sort twice by taxing all credits, so that if one of two men who are worth, each, one thousand dol lars in money and other personal property, lends five hundred to the other and takes the note of the latter for it, the transaction adds five hundred dolShe lars to the taxable property of the State! yields to the universal movement inaugurated, I should guess, by guaranty companies, allowing such companies to become sureties on official bonds; creates the office of county examiner to examine the books, accounts and funds of the treasurer of each township in the county. This is one of the arid States and provision is made for the sinking of artesian wells at the public expense for irrigation and other purposes. The ancient institution of Several pieces of wisely suggested legislation have the grand jury is boldly dispensed with in all been enacted in this State. An odious exception from the penal law which permitted the practice of betting on horse races, where the track was owned by an incorporated agricultural society, was repealed. The widely spread tendency to regulate the practice of medicine and surgery was yielded to in an act providing for exam cases unless the judge of the Criminal Court directs one to be summoned. The substitute is an information filed by the legal representative of the State against persons supposed to be guilty of crimes. Provision is made for county mutual fire insurance companies authorized to take risks only on property within the county. Those who practice pharmacy TENNESSEE. Tennessee enacts a law removing from witnessses the disabilities of unbelief. She also introduces a change into the law of adverse possession by providping that an adverse holding shall not be effectual unless under a recorded assurance of title; bestows of 1 upon a particular county the very unusual power to subscribe to the capital stock of "any domestic or foreign manufacturing company; follows the example of other States in protecting butter against simulated substitutes; extends favor to guaranty For companies by authorizing the acceptance of them as gurantors of public bonds; destroys preferences in assignments by debtors in failing circumstances and makes such assignments enure equally for the benefit of all creditors; provides measures for arresting the spread of contagious or infectious diseases among animals, and abolishes the convict lease system and provides for the utilization of convict labor upon farm and coal lands owned by the State. TEXAS. This vast commonwealth has enacted a goodly number of laws most of which are of local interest only. Some new policies, however, are favored. Married women over twenty-one years of age are no longer to have an advantage over others in actions for the recovery of real property; they are subjected to the operation of the statute of limitations. A tentative effort is made in the direction of establishing boards of arbitration for the settlement of disputes between employees and employers. An act is passed for the registration and protection of trademarks, which my official correspondent in that State wisely suggests may serve rather than to distract attention from the broad and sufficient rules of the common law, than to further elucidate the subject. The subject of irrigation has received additional attention, as in other States containing large arid regions. A law is passed preventing the abatement of actions for personal injuries not resulting in death, by the death of either party; another making the perpetration of frauds at primary elections criminal; another taxing all national bank notes, United States legal tender notes and other notes and certificates of the United States intended to circulate as money. There seems to be a singular inconsistency in legislation like this by States loudly complaining of the insufficient amount of the circulating medium. Laws like this, if enforced, would powerfully tend to aggravate the evil by still further keeping out of the State that very facility of the want of which so much complaint is already made. VERMONT. This conservative State moves with characteristic precaution in legislation. It passes an act authorizing towns, cities and incorporated villages to establish public libraries at the public expense; discourages a resort to it for the purpose of obtaining divorces by requiring a year's residence by the moving party before suit, and adds to the causes of divorce at the instance of the wife, the gross, or wanton and cruel, neglect of a husband having sufficient pecuniary or physical ability to provide an adequate support for her. Other legislation authorizes the appointment of a married woman as executrix, guardian or trustee; compels towns to pay into the State treasury a share of the profits made on the sale of liquors under the prohibitory law; regulates the practice of pharmacy by requiring licenses upon examination; authorizes the quarantining and killing under certain circumstances of domestic animals believed to be infected with bovine tuberculosis, and makes the right of the owner to payment in such cases depend upon whether upon a post mortem examination it turns out that the animal really had the disease or not. It also makes the adulteration of candy or the sale of adulterated candy a punishable offence. WASHINGTON. Much disposition was shown by the legistature at its last session to take action along the true line of progress. The subject of admission to the bar was newly regulated; the magnanimous policy of subjecting the State to suit in her own courts was adopted; the equality of civil rights was assured by legislation securing the full and equal enjoyment not only of all public accommodations and places of amusement, but also a debatable policy - of such places as lodging and eating houses and barbers shops. Provision was made for the thorough and effective organization of the military power. The regulation and protection of law was extended to the proceedings of political primary meetings. An attempt was made to repress the supposed mischiefs of cigarette smoking. The hours of labor of street car employes were limited to ten. A quite novel expedient for the protection of stockholders in corporate bodies was adopted by an act which enables the stockholders at any time to expel a director from office; very properly this is not done on charges. It is the mere sic volo of the principal dismissing his agent. The proceeds of fire insurance upon property exempted from the reach of creditors is also exempted; and, what seems to me a very questionable policy, the proceeds of life insurance on the life of a deceased person, are exempted from liability for his debts. A policy on the subject of irrigation similar to that adopted in several other States is sanctioned, by which irrigation districts may be established and irrigation be furnished at the expense of such districts. viction that simultaneous attempts by two distinct sovereignties to regulate elections held at the same time and place are a hazardous policy which great necessities alone can justify. If the apprehensions upon which the repeal of the Federal elections laws was resisted shall turn out to be unfounded, all patriots will rejoice that the national statute book no longer contains any enactment founded on a distrust of the good faith or loyalty of any of the States. In concluding this very cursory and imperfect reMuch of the legislation of this State at its last view of the more noteworthy features of the legisla session was of a local and special character and Ition of the several States, I may be indulged in some observe little which possesses interest for other comobservations concerning the purpose for which our munities. A fatal blow is dealt at all assignments constitution requires it, and the conditions under by persons in insolvent circumstances preferring which it may be made useful. creditors. The assignment is left to stand, but must be treated as for the benefit of all creditors alike.. WEST VIRGINIA. WYOMING. One of the declared objects for which our association was formed was "to promote uniformity of legislation throughout the Union; " but I take it that uniformity, merely as such, and irrespective of the character of the legislation, is not what was intended, but a uniformity to be brought about by a general acceptance of the best forms of legislation. To advance the science of jurisprudence is also among our declared objects, and our constitution provides for the appointment of a standing committee on Jurisprudence and Law Reform. I take it that the terms "jurisprudence" and "law" were here employed in their larger import as including positive legislation, and that general legislative im An act is passed in this State allowing verdicts to be rendered upon a concurrence of three-fourths of the jurors. An attempt is made to preserve the few remnants of the race of buffalo by an absolute prohibition of the killing of that animal. A party producing a witness is allowed to impeach him by proof of prior contradictory statements. A form of municipal government is devised for cities of the first class which are made to consist of cities of more than 4,000 inhabitants. Provision is also made for the organization of the voluntary military provement is one of the objects which this notice of force. CONGRESS. the statutory action of the several States required by our constitution was designed to subserve. But why is it that we, more than others, should charge ourselves with the duty of laboring for general legislative improvement, and how are we to make this knowledge of the legislative action of numerous independent States subservient to that end? Is this knowledge, of itself, instructive for the purpose in view, or must something more be known in order that it may be turned to good account? There are some thoughts touching these questions which may usefully receive some attention. If we conceive, as we justly may, an independent society of men as one body apart from the individuals composing it, with a separate and distinct conception of its own existence and interests, and con The last national congress exhibited for the first time for more than a quarter of a century an ascendency a bare one, however, in the senate of the Democratic party. It is, perhaps, due to the latter circumstance that the action of that party in carrying into effect its own principles was in some degree halting and irresolute. Notwithstanding this, three notable pieces of legislation were carried through. One abrogated the singular and mischievous policy of a purchase by the government of an enormous annual amount of one of the products of industry, paid for by an issue of government obligations having the quality of legal tender. Another made a large, though not a radical, modification of the longer established policy of attempt-scious of a power to affect them by a predetermined ing to protect native industries by burdening imports from foreign countries with heavy duties. The third abrogated the supervision by the national government of elections. The first cannot be regarded as a party measure, having been both supported and opposed by large numbers in each party. In a political atmosphere still highly charged with partisan heats and ambitions, useful comment upon the other two is at present hardly possible. Perhaps the public mind is settling into a general con line of action, the statutory laws of such a society become analogous to the voluntary resolutions of a person for self-improvement. Rightly interpreted, they correctly represent the character of the society, and the best side of its character, that is, the side exhibited by its resolutions for self-amendment. The observation by individuals of the examples, lives and characters of their fellow-men is one of the chief means of individual improvement; and, in like manner, the observation by one people of the laws, that is to say, the character, of another people | laws are actually executed, and if not, whether the may, be made a means of social improvement. But this is a study which belongs to the sociologist and the reformer, rather than to the mere lawyer. The latter, indeed, may have a special interest in those laws of other societies than his own which relate to the practice of his particular art, or to the interests of his profession; but these comprise a small and comparatively unimportant part of the body of legislation in any State. Upon other subjects it is his business to know what the laws of his own State are, and this knowledge is not greatly aided by an inquiry into the legislation of other communities. fault is to be found in the frame work of the laws, or in the character of the people themselves; and if they are executed, the effects are to be studied that we may know whether they are beneficial or otherwise. The study of comparative legislation, must, therefore, in order to be useful, be made a large one; but this is no reason why it should not be taken up, but an incentive to its diligent prosecution. The lessons of wisdom are taught by the experience of others as well as by our own. Progress will be slow, indeed, if we wait until our own misfortunes impress their lessons upon us. And the practical far exceeds the academic im But in our country the members of our profession are not universally mere lawyers. They are every-portance of the study. It is a part of the study of where relied upon as the principal legislators. Their studies must necessarily qualify them to a certain extent for this work, and it is the traditionary custom of American society to call upon them as well for advice concerning the proper subjects for legislation, as for their skill in fashioning the will of the people into appropriate enactments. It is this which enlarges the area of the lawyer's interest and duties and makes everything which bears upon the problem of legislation important to him. The study and comparison of the legislation of different communities is one of his duties, or at least one of the duties of those who are willing to accept, or who aspire to reach, a place in legislative bodies. But how is this study to be turned to useful account? Imitation of well conceived laws is the ready suggestion; but how are we to know what is well conceived? It is plain that a mere knowledge | of the legislative work of others is not, of itself, sufficient. I have said, and I think the observation just, that the laws of a people are analogous to the resolutions of an individual for self-improvement; but are the laws executed? Do they represent the resolutions of a wise and self-controlled man which are actually carried out and show their fruit in life and character, or those abortive resolves which serve only to indicate a man conscious of error but incapable of reformation? A community of tiplers may be very willing to prohibit the sale of intoxicating drinks; but they mean nothing by it, and nothing will come of the prohibition. The statute books of States, like the experience of individual lives, abound in broken promises of repentance. the general subject of legislation, than which nothis more necessary and scarcely anything more neglected. When we consider the amount of the talent, skill and training which is called into requisition to satisfy those needs which are most immediately felt by individuals, as in business affairs and those with which the learned professions are concerned, and compare it with that to which the all important task of framing our laws is entrusted, the spectacle seems almost ludicrous. What a difference the face of society would present if our laws were conceived and framed with the same knowledge of the work and the same skillful adaptation of means to ends as is exhibited in the construction of a modern steamship, the argument of a well instructed lawyer, or the treatment of a wound by an accomplished surgeon; and yet legislation is in its nature a science as susceptible, however more difficult the task may be, of subjection to principle and rule as the professional work I have mentioned. In a I am not unaware of the difference in point of excellence between public and private work. democratic society, particularly, it is not likely that the selection of legislators can ever be made with uniform wisdom; but a great step in advance will be made when those who aspire to the office of legislator, or are likely to be called upon to accept it, begin to seek that knowledge which a just performance of the office requires. Never so much as at the present time has the need of competent legislators been manifest. The vast increase of our population, the great changes produced by the increase of manufacturing industries, the vastly greater proportional increase of urban It is very manifest, therefore, that something more is required than the mere knowledge of the legisla-populations, the prodigious activities of modern tion of other communities in order to turn that knowledge to good account. Something must be known from other and independent evidence of the character and actual condition of the people whose legislation is studied. We must learn whether the societies, the enormous revenues which the public service requires, have all combined to raise most difficult questions of legislation, many of which are now pressing for better solutions. Take the great question of taxation, a problem |