Page:The Green Bag (1889–1914), Volume 22.pdf/632

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UNIFORMITY OF COMMERCIAL LAW HERE are obviously three possible _ agencies, the operation of which can be invoked to secure that uniformity of commercial law throughout the United

States toward which a current has set that will flow on irresistibly till it over flows the banks of local prejudice and floods the marshes of stagnant state law.

THE AMERICAN BAR ASSOCIATION, IN ANNUAL CONVENTION ASSEMBLEDI—

Considering: That among its organic pur poses is that of promoting the improvement of the laws, and of securing a uniformity of

legislation among the states particularly in respect of general commercial law, and to this

end it has for years directed its efforts to secure the adoption by the several states of Uniform Laws on such commercial subjects as negotiable instruments, sales, bills-of-lad ing. warehouse receipts, corporate stock trans fers, etc., all of which are essentially acts and

ing the adoption by their legislatures of

instruments of commerce; and that it is highly desirable that all such commercial regula tions should be uniform and uniformly en forced throughout the United States; and

uniform acts, the second is enactment by Congress of model statutes covering

Considering: That the federal Constitution vests in the Congress the power to regulate

The ﬁrst of these agencies is the co operation of the several states in secur

all subjects within the scope of the

commerce between the states and with foreign

interstate commerce clause as construed by the Supreme Court, and the third is

nations, and that this power. as declared by the Supreme Court. is complete in itself and acknowledges no limitations other than are prescribed by the Constitution, and that it extends to every act, means and instrumen tality of interstate and foreign commerce, including legislation and contracts which directly aﬁect or regulate such commerce :— Therefore, Resolved by the American Bar Association, that the federal Congress has plenary power under the Constitution to enact laws governing all phases of commerce between the states and with foreign nations, and incidentally to prescribe the form, terms and conditions of commercial contracts and instruments used in carrying on such com

the advancement of systematic law writ ing and expository codiﬁcation. None of these three agencies can accomplish

everything that is to be desired without some aid from another, and in which order they shall be invoked, or to which the heartiest support should be accorded,

is largely a question of practical expe diency. Mr. Joseph Wheless, of the St. Louis bar, thinks that the time has come for invoking federal action to promote uni formity of legislation. At the annual meeting of the American Bar Associa tion he introduced the following resolu tions, which were referred to the appro priate committee without reading or comment:

merce, such as are now being sought to be made uniform by identical state legislation;

and that such power may be exercised either by the enactment of a series of laws on the several subjects, or by a Code of Laws regu lating all such general commercial acts and contracts; and

Resolved: That the American Bar Associa