The Legal World Monthly Analysis of Leading Legal Events
The professional organizations during the month just ended have furnished more significant devolopments than the national Administration or Congress. This is seen, for example, in the case of workmen's compensation, the proposed federal act having failed to receive the support of both houses of Congress, but the subject being more nearly in a com pleted state than at any previous time through the co-operation of the three most important bodies which have had the matter of uniform acts under con sideration, namely, the American Bar Association, the Commissioners on Uni form State Laws, and the National Civic Federation. A basis of uniformity for future legislation is now available and no state contemplating the adoption of a statute or the revision of an existing one can afford to ignore it. It is to be hoped that the recent action of the American Bar Association will bear fruit in national as well as in state legislation. The greater significance of professional as opposed to government activity is likewise illustrated in the field of pro cedural reform. Congress failed to enact any of the three acts recommended by the American Bar Association. Not discouraged, however, the Association has gone forward with a plan to secure the passage, if possible, of federal legis lation for the reform of pleading and procedure on the common law side of the federal courts. The promulgation of the new rules of the Supreme Court governing equity procedure is expected to assist in the proposed reform of com mon law procedure, and hopes are enter
tained that the next session of Congress will be more fruitful of legislation helpful to the desired reforms. It is also be lieved that the Supreme Court rules will have a marked effect on reforms in the state courts. Not in a long time has the outlook for substantial accomplish ment been so encouraging. Speakers before the bar associations have been emphasizing the fact that great political and social changes are either impending or in the embryo stage, and in this light, possibly, the denuncia tions of the judical recall adopted by the American Bar Association and by the state bar associations of Minnesota, Wisconsin, Kentucky, and West Vir ginia are to be interpreted. It is not without significance, however, that a small minority in the bar associations often comes forward to defend the recall, the final action not always being secured without debate, even when unanimous in form. The passage by the last Congress of the joint resolution favoring a con stitutional amendment for the direct election of Senators tends to stimulate discussion of these issues of popular government, and to deepen the meaning of such speeches as Senator Sutherland's before the American Bar Association. A serious problem of state legislation has been solved by the proposed uniform act respecting the evasion of marriage laws by divorced persons, and several other new uniform acts are now ready for adoption by such of our more proggressive states as desire to further the movement for uniform state laws. Not only is legislation covering such subjects as child labor and marriage licenses now
