Εικόνες σελίδας
PDF
Ηλεκτρ. έκδοση

writ of error, to review the decision of the Circuit claims the party would be entitled to redress against Court remanding a cause to the State Court.

the United States in a court of law, equity or admiThe other purposes referred to in the title of this act ralty, if the United States were suable, but war claims are developed in sections 2, 3 and 7.

and claims heretofore rejected by any court, departSection 2 required receivers of managers in posses ment, or commission authorized to hear them, are exsion of property in any cause pending in any court of cepted. the United States, to manage and operate such prop 2. All set-offs, counter claims for damages, or other erty according to the requirements of the laws of the demands whatsoever, on the part of the government, State in which the property is situated, in the same against any claimant in said court. manner as the owner would be bound to do if in pos But no suit against the government is allowed, unsession.

less brought within six years after the right accrued. Section 3 allows suit to be brought against a receiver The Circuit and District Courts are vested with juin respect of any act or transaction of his in carrying risdiction concurrent with the Court of Claims, the on the business connected with the property in his Circuit Courts where the amount of the claim does charge, without the previous leave of the court which not exceed $10,000, and the District Courts where the appointed him; such suit to be subject to the general amount of the claim does not exceed $1,000; the causes equity jurisdiction of the court which appointed the are to be tried without a jury, and either party is alreceiver, 80 far as may be necessary to the ends of

lowed an appeal, or writ of error, as in other suits. justice.

A provision has been introduced into the act, whereby This section modifies the law as expounded by the a party who is or has been indebted to the government, Supreme Court of the United States, and it restores to or his surety or representative, may by suit compel an suitors the right of trial by jury.

ascertainment or adjustment of the debt, or a settleSectiou 7 is levelled at nepotism; it provides that ment of accounts, and obtain a final discharge. no person related to any justice or judge of any court The anti-polygamy act has been amended. In proseof the United States by consanguinity or affinity within cutions for bigamy, the lawful spouse, although made the degree of first cousin, shall be appointed to any a competent witness, cannot be compelled to testify office or be employed by such court or judge in any without the consent of the other spouse; but confi. duty in any court of which such justice or judge may dential communications made by either spouse to the be a member.

other during marriage are protected from disclosure. On March 3, 1887, Congress repealed the tenure of Adultery is punished by imprisonment in the penoffice act, which it had passed twenty years before. itentiary not exceeding three years; both parties are The repeal of this act is at least a recognition of the declared guilty of adultery if the woman be married, wisdom of our ancestors, who believed that the power though the man be unmarried; but if the man be marof removal was incident to the power of appointment. ried and the woman unmarried, the man alone is to be

The act to regulate the counting of votes for pres deemed guilty. ident and vice-president, and the decisions of questions Every ceremony of marriage in any of the territories arising thereon, deserves commendation, because it of the United States, whether the parties be lawful contains a recognition of the principle, that presiden subjects of such ceremony or not, must be certified by tial electors are State officers, whose appointment is to the person who performs it, and signed by the parties, be determined by State authority; and it precludes and filed in the Probate Court. The laws of the Terthe creation of extra-coustitutional tribunals to deter ritory of Utah, which recognize the capacity of illegitmine a contested election.

imate children to inherit the estate of their father, The act to regulate commerce, commonly called the are annulled. A. widow in that Territory is endowed inter-state commerce law, is so well known, and has with the third part of the lands whereof her husband been the subject of so much discussion, I will not dwell was seised during marriage, and women are deprived upon its provisions. The interpretation of the long of the right of voting. and short haul section seems to have given most Congress also passed an act to establish experiment trouble to those who are charged with the execution stations in connection with the agricultural colleges of the law, as well as to those who are expected to established in the several States, and an act to restrict obey it.

the ownership of real estate in the Territories and in To determine what are “substantially similar cir the District of Columbia to American citizens. The cumstances and conditions" is no less difficult than latter act makes it unlawful for an alien who has not the definition of the special cases iu which the com declared his intention to become a citizen, or a formission may authorize the common carrier to charge eign corporation, thereafter to acquire or hold real less for longer than for shorter distances. I cannot estate, except such as may be acquired by inheritance, refrain from calling to your attention the phraseology or in the ordinary course of justice in the collection of of the sixth section, which provides for the issue debts contracted prior to its passage, but the prohibiagainst the offending carrier of a writ of mandamustion does not apply to foreigners, whose right to bold “in the name of the People of the United States." I real estate is secured by treaties now existing, so long know of no other instance in which judicial process is | as such treaties are in force. issued, or judicial procedure is conducted, in the name No corporation, more than twenty per cent of the of the People of the United States. The expression is stock of which is owned by foreigners, is allowed to calculated to arouse the attention of those familiar acquire real estate, and no corporation, other than with the constitutional controversies which agitated railway, canal or turnpike corporations, is allowed to the republio in its earlier days.

acquire more than five thousand acres of land: railCongress also passed an act to provide for bringing way, canal or turnpike corporations, may hold lands suits against the government. It enacts that the necessary to the accomplishment of the objects of their court of claims shall have jurisdiction to hear and de creation, and such lands as Congress may graut to termine:

them, but the act is not to affect lauds acquired prior 1. All claims founded upon the Constitution of the to its passage. United States, or any law of Congress, except for pen Several of the north-western States have adopted sions, or upon any regulation of an executive depart the policy of Congress in regard to the acquisition of ment, or upon any contract, express or implied, with lands by aliens, and have supplemented federal legis. the government, or for damages liquidated or unliqui- | lation by passing laws similar in principle. Colorado, dated in cases not sounding in tort, in respect of which Illinois, Minnesota, Wisconsin and Nebraska have imitated the example of Congress. The Colorado pro may sue and be sued as if she were sole; she has cahibition applies only to the acquisition of agricultural, pacity to contract with the assent of her husband in arid or range lands, and does not affect the holding of writing; she may with similar consent, recorded in any land the assessed value of which does not exceed the Probate Court, pursue any trade or business as if $5,000.

she were sole; and obliterating the last vestige of man The prohibition in Nebraska does not apply to lands and wife, the statute, with revolutionary disregard of necessary for the construction and operation of rail the doctrine taught by the year books, eadem coro roads; nor in Minnesota does it apply to actual set- vir et uxor," proceeds to authorize the husband aud tlers on farms of more than one hundred and sixty | the wife to contract with each other; but all contracts acres; in Wisconsin however an alien may hold three into which they enter are subject to the rules of law hundred and twenty acres of land.

as to contracts between persous standing in confidenIllinois has added to the severity of congressional tial relations. The only contract she is forbidden to legislation by a provision that no lease of any land for make is that of surety for her husband. the purpose of farming and raising crops thereon, Among other statutes of interest, is an act limiting made by an alien laudland, saall contain any provision the duration of lien on lands, resulting from the regisrequiring the tenant to pay taxes, and if any thing is try of a judgment or decree, to ten years from the received in advance from the tenant in lieu of taxes, date of registry; also an act which declares void as to he may recover it back.

third persons having no notice, all absolute conveyAlabama: This State is only exceeded by North Car ances as well as all mortgages of real estate to secure oliua in the bulk of its legislation. The acts of North debts created at the date thereof, unless recorded Carolina make a book of eleven hundred pages, while within thirty days from their date; also an act to those of Alabama are compresged in a volume of one authorize the acceptance of a certain class of corporathousand and thirty-eight pages. This extraordinary legislative activity is due in both States to the vicious quires the court in cases of larceny, embezzlement and system of enacting local and special laws, and to a other like offeuses, where the defendant is found wonderful development which calls into existence guilty, to assess the value of the article stolen or emvumberless private corporations. As a sample of the bezzled as part of the costs, and when the costs inintensity of local legislation of North Carolina, I men- cluding such value are paid or worked out at hard tion an act to restrict the catching of fish in Bynum's labor, the County Court is to pay the owner such valuo mill pond, in Edgecombe county, in any manner or out of the fund arising from the proceeds of such way, except with hook and line, or by drawing off the labor; also an act for the recusation of judges on acwater and taking out the large fish, for the purpose of count of interest or relationship to the parties by conimproving the fish in the pond.

sanguinity or affinity in the fourth degree, or on acA partial correction of the evil in Alabama may be count of having been of counsel, or having prepared found in the proposed amendment to the Constitution or signed any instrument the construction or validity of that State, which is to be submitted to the people of which is involved in the cause; also an act to preat the next general election. It provides “that no bill vens extortionate charges for the trespassing of cattle which does not apply to the whole State (except bills on the lands of another; the owner of the cattle by creating and regulating municipal corporations, and tendering what he considers the amount of damages bills fixing the time of bolding the courts, and pre doue, can subject the complainant to all costs of suit, scribing rules of procedure therein) shall be introduced in case the amount tendered turns out to have been into either house of the Legislature after the twentieth adequate compensation for the damage; also an act legislative day of the session, nor shall any such bill which provides that in all contracts for the sale of be considered or passed after the thirty-fifth legisla commercial fertilizers in which au excessive price is tive day of the session; por shall any bill which ap put on the article sold, with a stipulation that if paid plies to the whole State be amended by either house for on or before a certain date, it may be paid in a after the twentieth legislative day of the session, so smaller sum than the price fixed in the contract; the as to confine its operation to a part of the State." difference between the excessive price fixed in the

The State of Alabama seems to ignore the maxim, contract and the real market value shall be deemed a that it is the interest of the republic to end litigation, penalty and only the real market value can be recovif its policy is expressed iu the act which requires the ered. Supreme Court in deciding each case, when there is a Railroad companies are required to provide for the conflict between its existing opinion and any former comfort and accommodation of passengers at each ruling in the case, to be governed by what in its opin station, and to keep a register of the animals injured ion at that time is law, without regard to such former or killed by their trains at the station nearest to the ruling of the law by it, but the right of third persons accident; they are forbidden to employ any person in acquired on the faith of the former ruling is not to be a position which requires the use of discernment of defeated or interfered with by or on account of the form or color signals, unless he possess a certificate subsequent ruling.

from the State board of health of his fitness therefor, Women may be appointed notaries public, but not in so far as color blindness and visual powers are conwith the power and authority of justices of the peace; cerned; nor can any locomotive engineer be employed, Alabama hesitated to in trust the judicial scales to unless licensed after examination by a State board of feminine hands. I suppose the legislators thought examiners, composed of five skilled mechanics apwomen's eyes were never blind. The common law as pointed by the governor. to the effect of marriage on the rights and liabilities of It is made a penal offense to compel a child under husband and wifo has been superseded by an act which eighteen years of age,or a woman, to laborina mechanideclares that all the property of the wife, held by her cal or manufacturing business more than eight hours at the time of her marriage, or which she may in any a day, to permit a child under fourteen years of age mauner acquire after her marriage, is her separate to work therein longer than eight hours a day, and the property, and is not subject to the liabilities of her | employment of children under fifteen years of age in husband; that her earnings are her separate property, coal or iron mines is probibited. also all damages she may be entitled to recover for in The sale of adulterated sugar, lard, molasses, butter juries to her person or property; that the husband is or other articles of food, unless branded as such is not liable for the ante-nuptial debts of the wife, nor punished by fine and imprisonment. This State bas for her post-nuptial contracts or torts; that the wife adopted a revision and codification of its public statutes, both civil and criminal, which is to go into opera- tached to the preservation of the family history of tion thirty days after the proclamation of the governor aristocratic sheep and swine. It seems rather barsh, announcing its publication.

to imprison one in the penitentiary for manufacturing Arkansas: This State has enacted that an assign- ! the pedigree of a pig, when he may forge with impunity ment for the benefit of creditors may be attacked for the family tree of a man. fraud by any creditor, and proof of fraud on the part The railroad legislation of Arkansas is peculiar. An of the assigpor shall be sufficient to invalidate the ag- act has been passed which makes it unlawful for any

hether the assignee knew of it or not. An citizens or corporation of any other State or country to action to enforce a mortgage or deed of trust is barred, build, lease, maintain or operate a railroad in the if not brought within the period of limitation pre- State; any person or corporation of any other State scribed for suit on the debt or liability secured. In or country operating a railroad within the State, is rebuits to set aside fraudulent conveyances, and to quired within thirty days from the passage of the act, obtain equitable garnisbment, is it not necessary that to organize a corporation under the State laws, and to the plaintiff should recover a judgment at law to prove transfer the title to so much of the railroad as is in insolvency, that fact may be proved by any competent the State, to this State corporation. If the company testimony, so that only one suit is necessary. Judg- fails to comply with the law, the attorney-general is ment reudered on constructive service of process may required to file a bill in the Chancery Court of Pulaski be reopened at any time within two years and a new county, against the company, and the court is directrial had, and upon the new trial, the court may con ted to issue an order restraining all persons named or firm its judgment, or order the plaintiff to restore unnamed from further building or operating the road; what he has received under it. The law which author service of such order on any person subjects him in izes a mortgagor to waive the right of appraisement, case of disobedience to a fine of $10,000 and to sale, or redemption of the property mortgaged has imprisonment until the fino is paid; if within thirty been repealed.

days after the service of the restraining order the A contract for a greater rate of interest than ten per railroad company does not comply with the law, the cent per annum is declared usurious and absolutely governor is directed to take possession of the road, void; and every lien or mortgage securing the same; and after twenty day's notice, to lease it for five years and every conveyance in furtherance of such lien, may to the highest bidder who is a citizen or corporation be annulled at the suit of the borrower or his vendees, of the State, to be operated as an independent road. assigns, or creditors, even as against a bona fide pur Consolidation with a railroad in an adjoining State is chaser for value without notice, and no tender of pay- allowed, but the consolidated corporation shall bement of any part of the usurious debt need be made. come a corporation of the State. Consolidation is only All persons claiming under the lender, whether the permitted between corporations, the union of whose evidence of debt be negotiable or not, and whether roads will make a continuous line; consolidation with they have notice or not, stand on the same footing as parallel or competing lines is prohibited. the lender.

Another act regulates railroads on principles similar Another statute provides that the Probate Court of to those, which form the basis of the inter-State comeach county shall once every year examine the bonds merce act, passed by Congress; no director, officer, of all executors, administrators, guardians, and cura agent or employee of a railroad is allowed to be intertorg on file in the county, and if for any cause any ested in any contract with the company, for furnishbond is insufficient the court shall make an ex parte ing supplies or material to it, or for the transportation order, that a new bond be furnished; failure to com of freight or passengers on better terms than those acply with the order to the satisfaction of the court corded to the public. Another act regulates the rate withiu ten days after notice thereof, operates ipso of charges for the carriage of passengers; the rate on a facto a revocation of the letters issued to the fiduciary. line of railroad fifteen miles or less in length is eight

The noteworthy penal legislation of Arkansas is cents per mile; on a line over fifteen and less than embraced in an act abolishing the public execution of seventy-five miles in length it is five cents per mile; persons condemned to death.

on lines over seventy-five miles in length it is three An act making it unlawful for railroad or transpor cents per nile, and half price for children under twelve tation companies to grant free passes, to any officer of and over five years of age. Another act gives a lien the State, legislative, executive or judicial, the com on the railroad its equipments, income and franchises pany granting any such pass is subjected to a tine of superior to all mortgages, to any person who shall per

superior to all mortgages, to any not less than $200 nor more than $2,000 and the officer form work upon the road, or furnish materials or accepting the pass is declared guilty of a misdemeanor, machinery to it, and to all persons who shall sustain the consequences of conviction being removal from

loss to person or property for which a legal liability office, and a fine not less than $25 nor more than $200.1 may exist: to make the lien effectual

may exist; to make the lien effectual, suit must be An act punishing the keepers and employees of any brought on the claim within one year after it accrued. dram-shop or saloon, who permit minors to play in California: In California there are two acts levelled such shops or saloon, any game of cards, billiards, pool at the Chinese, one to prevent the use of a stamp or or any other game; and an act to punish any person label on goods manufactured by Chinese labor. desig. who by false pretenses shall obtain a certificate of nating them as the product of other labor; the other registration in the herd register of any association for making it unlawful for State, city or county officials the improvement of the breed of cattle and other in charge of any public institution to purchase for the animals, and any person who shall knowingly give a use of such institution, supplies manufactured or false pedigree of any animal.

grown in the State, which are in whole or in part the Similar laws in regard to the registration and pedi product of Mongolian labor. gree of animals have been enacted this year in An effort has been made to maintain the purity of Tennessee, New Jersey, Ohio, Missouri, Illinois, Ala California wine; by enacting regulations for its manubama, Minnesota, Nevada, Rhode Island, Maine, Massa facture, and forbidding the sale of spurious mixtures chusetts, Connecticut, Pennsylvania, Delaware and as pure California wine. Michigan.

The most noteworthy act is that which authorizes The severity of the punishment which may be in executors and administrators with the approval of the flicted in Arkansas, Tennessee, and New Jersey indi court, after notice to all parties having an interest, to cates a high appreciation in those States of blue mortgage or lease the real estate of the deceased, the blooded horses and cattle, and the importance at- | term of the lease not to exceed five years.

Convecticut: This State recognizing the correct prison for the further term of twenty-five years, principle, that a mortgage is but a pledge, passed an unless pardoned or allowed to go at large ou parol. act to authorize a decree of sale at the direction of the After the expiration of the third sentence, the court, instead of the old-fashioned strict foreclosure. board of directors of the State prison may allow him It has authorized the mortgagee of real property, upon to go at large on parol, and while so at large, he is in which there is insurance made by the policy payable the legal custody of said board, subject at any time to in case of loss to him, to make proof of the loss in case be taken back to prison. The written order of the the mortgagor fails to do so within three months after board is sufficient warrant to authorize a police officer the fire. The substituted proof of loss is made under to return the incorrigible to actual custody. judicial supervision after due notice to the mortgagor. I rather fear that the locomotive whistle which the

A singular act has been passed, which forbids any recent Sunday act allows to be sounded on Sunday life insurance company doing business in the State, to trains will make the forefathers of Connecticut turn make any distinction or discrimination between white in their graves. Sunday trains, it is true, are propersons and colored persons, as to the premiums or nibited between suurise and sunset except when run rates charged for policies upon the lives of such per from necessity or mercy, but the proviso says, it is sons. Statistics establish the fact, that the death rate necessary to run Sunday mail trains, at any time beamong colored persons in the United States is much fore half past ten in the morning and after three higher than that of the white race, hence the risk is o'clock in the afternoon, and that the railroad comgreater on the life of a colored than on that of a white missioners may allow freight trains to run when reperson. The death rate of the white people in the quired by public necessity, or for the preservation of United States is about fourteen perthousand, while that | freight. of the colored populacion is about seventeen per thou As compensation for this enormity bowever, I find sand. There is no appreciable difference in this respect on the next page a statute which imprisons every between the northern and the southern States. The man who shall willfully abandon and neglect or refuse white population of the southern States east of the to support his wife, and cohabit aud live with another Mississippi river, including the District of Columbia, woman. The term of imprisonment is not more than is about 8,000,000, the number of deaths in those States, three years, and it may be in the State prison or in recorded in the year 1886, is about 113,000, or about the common jail. A wide latitude of discretion; perfourteen per thousand, the colored population of the haps the youth and beauty of the deserted wife were same States is about 5,000,000, the number of deaths in | intended to be taken into account in fixing the punishthe same year is about 91,000, giving a death rate of ment; perhaps the legislators thought that a gay about seventeen per thousand ; nevertheless so prolific | Lotbario who abandons a wife old enough to be his are the colored people, that notwithstanding this ex- | mother should be sent to jail for a short period, while cessive mortality, they increase in the southern States the inexcusable desertion of a young and lovely spouse nine per cent faster than the white race. The by an old bachelor, wbo has postponed marriage until greatest disparity in the death rates of the two his heart has become dessicated, could only be atoned races in the south is in the number of the deaths for by imprisonment for three years at hard labor in under five years of age, and the mortality of the negro | the penitentiary. children is more than double that of the white. The Coppecticut has also adopted a revision of its gendiseases which cause the excess of mortality among eral statutes, which was reported to the General Asthe colored adults are consumption, pneumonia, sembly by a commission appointed for that purpose, heart disease, dropsy, scrofula and small-pox. If the and I am informed it was enacted by a confiding Legsuperior sanitary condition of the colored population islature without examination. in Connecticut does not justify this law, perhaps the Colorado: This State has adopted a Code of Procepaucity of that population may prevent insurance dure containing four hundred and forty-five sections; companies there from feeling the effects of its opera it abolishes the distinction between actions at law and tion.

suits in equity, and from the similarity of the provisConnecticut has also passed laws for the inspection ions to those found in the codes of other States, 1 of factories and for the protection of life and health presume it was derived from them. The chattel in the same; to subject to inspection boarding-houses mortgage law has been amended, so as to require the for infants under ten years of age; to compel the at- mortgagee, when the amount of his debt exceeds tendance of children at school, and if they attend a $2,500, to record every year a sworn statement, that private school to require the teacher having control of the mortgage was given in good faith to secure the the school, to keep a register of attendance, which sum of money therein mentioned, and that it remains shall be opened to the inspection of the State board unpaid in whole or in part as the case may be; if the of education; to regulate the sale of poison; to pro mortgagor conceals or disposes of the property morthibit the sale of imitation butter, unless branded as gaged without the consent of the mortgagee, he is desuch; to prohibit the sale of molasses adulterated with clared guilty of larceny. Children under fourteen glucose, starch or any preparation of starch; to pro years of age cannot be employed in any underground vide for the weekly payment of wages to the employees works or mines, or in any smelter, mill or factory; the of corporations; to limit the labor of women or minorg blacklisting of employees for the purpose of preventing under sixteen years of age to ten hours a day, or sixty them from engaging in or securing employment, simihours a week; to punish black mail by imprisonment lar to that from which they have been discharged, is in the penitentiary or jail, for a term not exceeding prohibited; the sale of dynamite and other high exploten years, or by a fine not exceeding $5,000.

sives has been regulated; the fair and orderly conduct I must not omit the act for the punishment of in of primary elections or of nominating conventions is corrigible criminals; a person tried, convicted, sen secured by proper penalties; and incorporated emtenced and imprisoned in the State prison for any ployers of help are fined for any attempt to influence crime, for which the minimum punishment is two | or control the votes of their employees. years imprisonment in the State prison, who shall The private detective business cannot be carried on thereafter be convicted, sentenced and imprisoned in without a license, the licensee being required to give the State prison for any crime, for which the minimum bond in such amount as the governor may fix, not less punishment is two years imprisonment in the State than $3,000 por more than $20,000, conditioned that prison, is to be deemed incorrigible, and at the expira- | the principal will honestly, lawfully and faithfully, tion of his sentence shall be detained in the State without oppression and without compounding any criminal offeuse, carry on the detective business; the States have adopted a similar law, most of them have same act makes it a penal offense for a licensed de included dentistry, and some have extended the tective, or his employee, to induce the confession of principle to veterinary surgeons. Indeed some States crime by threats, torture or promise of immunity. I have created the office of State veterinary surgeon to

Every foreign corporation engaged in selling news / aid the enforcement of their legislation to prevent items or press reports is required to appoint an agent the spread of contagious disease among animals. in the State, on whom process can be served; the act Georgia: The Legislature of Georgia assembled on obliges such corporation or its agent to file with the the first Monday in November, 1886, and on the twentysecretary of State every six months a schedule of second of December took a recess until the first prices, and to supply news items and press reports to | Wednesday in July. It is now in session. any applicant at the schedule prices, and forbids dis- Two noteworthy acts were passed, one which procrimination in price or celerity of delivery.

hibits marriages within the levitical degrees of conAnother act commands the children of the public sauguinity or between a man and his step-daughter, schools to be taught the nature of alcoholic drinks and or mother-in-law, or daughter-in-law, or step-mother, narcotics and their effects upon the human system, or grand-daughter of his wife, or a marriage by a while the amended liquor law prohibits the sale of woman with her corresponding relatives. Such marwhiskey for drinking purposes unless it is two years riages are declared void aud the parties to them are and uiue months old.

subject to prosecution. The other act provides that a Another act provides for the commutation of life will executed by a person competent under the laws seutences, the same as if sentenced for the term of the l of Georgia to make a will, who is a resident and citiexpectation of life of such convict, based on the zen of any of the United States other than the State Carlisle mortality table, less the allowance for good l of Georgia, shall be admitted to probate as a valid will time, and at the expiration of such period he is to be of real and personal estate, provided the will be execudischarged, but the expectation of life in no case is ted in conformity to the laws of the State where the to be estimated at less than ten, nor more than twenty testator resided at the time of its execution, and profive years.

vided it be admitted to probate according to the laws The last act to which I shall call your attention, de- of such State. The act is imperfect, inasmuch as it omits clares that any person who shall be a party to a fraudu the Territories of the United States, and it only applies lent sale or conveyance of any lands, goods or chattels to citizens, and therefore excludes domiciled foreigners. or any interest therein, or who shall conceal, or re- | Besides the act does not go far enough; why not adopt move, or dispose of any personal property, or shall be the principle expressed in article 1596 of the Civii Code a party to any bond, suit, contract or judgment, execu. of Louisiana, which declares that “testaments made tion or conveyance, had, made or contrived with in in foreign countries, or in the States and Territories of tent on the part of said parties to defraud, or to binder the Union, shall take effect in this State, if they be and delay creditors, shall on conviction be imprisoned clothed with all the formalities prescribed for the in the penitentiary for not more than three years. validity of wills in the place where they have been

Delaware: Forty-four divorce acts have been passed respectively made?" This provision is universal, it inby the Legislature of Delaware. This activity in cludes even citizens of Louisiana while on a visit divorcing married persons should induce the people abroad. Why should not the principles applicable to of that State to withdraw the marriage dissolving contracts govern the execution of wills? power from the legislative, and intrust it to the Illinois: I know of no other State which has so judicial department of the government, where it prop thoroughly accepted the belief, that a cross in the erly belongs. As some compensation for the evil in blood is necessary to the improvement and developflicted on society, by the liberal exercise of the divorce ment of the race, for Illinois bas prohibited marriage power, an act has been passed to prevent the desertion between first cousins, and denounced it as incestuous and to secure the maintenance of married women and and void ; the prohibition even extends to illegitimate of minor children. Upon proper complaint the court s relations. may order the deserting husband or father to pay not In the classification of claims against tbe estate of exceeding $100 per month for the support of wife or a deceased person, the wages due a servant or laborer children as the case may be, and to give security there for labor performed for the deceased within six months for, and be committed to the county jail until the previous to death are placed in the same class with order is complied with, or until his discharge by the trust moneys, to which a preference is given over gencourt.

erul debts and demands. In case the property of any An act has been passed to create a street and sewer corporation, firm or person is seized under judicial commission for the city of Wilmington, thereby divest process, or the business suspended, or put in the hands ing the city council of the power to manage and con of a receiver, debts due to laborers and servants wbich trol its streets and sewers. I notice the act is an have accrued by reason of their labor and employment, unusual invasion of the domain of municipal authority, to an amount pot exceeding $50, for labor performed suggestive of a condition of things which might justify within six months next preceding the seizure or susthe establishment of a commission to govern the city. | pension, are treated as preferred debts to be paid in

Heretofore, separato colored schools in this State full. were supported by such appropriations as the Legisla. Laws have been passed to enable corporations orture might make, but this year au act has been passed ganized under the general laws of the State to transact to support such school by general taxation.

a surety business, and to become soreties on bonds, to The Legislature has increased the salary of all the provide for the incorporation of co-operation associajudges of the Stato; it has passed an act to prevent tions for the prosecution of any branch of industry, fraud at primary elections; an aot to punish by severe and to regulate the administration of trusts by trust penalty the sending of threatening letters, or the use companies. of other blackmailing devices; also an act to prohibit This State has also endeavored by legislation to prethe playing of games of chance in houses kept there vent the spread of contagious disease among animals, for in the presence of minor under eighteen years of and to extirpate pleuro-pneumonia, and its officers age; also an act to prevent the adulteration of dairy are required to co-operate with the authorities of the products and fraud in the sale thereof; and an act United States, to enforce the provisions of the act of which makes it unlawful to practice medicine or Congress on the same subject. I notice the pleuropharmacy without registry or license; nearly all the pneumonia act became a law without the approval of

« ΠροηγούμενηΣυνέχεια »