Bar Association, or an organization of some character which would willingly engage to draw up an annual abstract of the most important legislation of the year with a brief explanation of the conditions which made such legislation necessary. It is suggested that in lieu of the annual publications made now by numerous associations similar to that of the "Société de Legislation Comparee" which, for the reason above stated, must be deficient in matter and in form, a single publication be substituted, to which all the bodies above mentioned should contribute; the "Société de Legislation Comparee" in France contributing the legislation of France; the Society of Comparative Legislation in England contributing an abstract of the legislation of Parliament, and possibly that of its important colonies; the Columbian University contributing that of the United States Congress; the various universities and Bar Associations of the various states contributing that of their respective states. The result of such a plan would be that the number of such publications would be reduced to one; and instead of having many publications containing defective material, we should have one publication, containing material of value and accuracy.

PROPOSITION AS REGARDS UTILIZATION OF MATERIAL WHEN

COLLECTED.

The collection of material as aforesaid would be of undoubted value to students. It is questionable however whether it would have much bearing upon legislation unless there was an organized bureau for utilizing the material so collected, with a view to legislation; in other words, the work of utilizing material must be centralized, as well as that of collecting it.

Moreover, such a central bureau must be more than a purely voluntary organization; it ought to have sanction from the countries whose legislatures are desirous of improving, and, to the utmost extent possible, unifying the law. The organization of such a central bureau is by no means a difficult task;

indeed, such a bureau is already in existence at Berne for the purpose of generally carrying into effect the international convention of the 20th of March, 1883, for the protection of industrial property. It is submitted, that the organization of such a bureau for the collection of annual legislation all over the world, for the codification of such parts of the law as lend themselves to such codification, and the recommendations of such codes to the legislatures of the various countries of the world, might lead to useful results. In support of this suggestion, the following considerations are submitted.

1o. Such an annual publication as is proposed would be of value, not only to all our universities, but also to all our legislatures; and it seems only fair that the legislatures which are to profit by such a collection ought to contribute to the expense of editing it.

2°. Differences exist between the laws of all nations on such subjects as that of negotiable paper; those differences, though trivial in themselves, lead to conflict of law and useless and expensive litigation. There is nevertheless no reason why the law on this subject of all the civilized countries in the world should not be indentically the same, and thus eliminate one cause at least of commercial irritation. Doubtless there are many subjects, such as marriage, which are too intimately associated with social conditions to permit of unification; but there are many other subjects besides negotiable paper to the unification of legislation concerning which no reasonable objection can be urged. The unification of the law of Bills of Exchange is first proposed because it is the one which could most easily be accomplished. Once a law was adopted by the principal nations of the world upon any one subject, it is likely that the convenience attending such unification of a law would inspire other efforts in the same direction.

3°. Obviously, such a bureau could not come into existence without an international congress, attended by delegates especially instructed by their respective Governments.

4°. A Central Bureau organized by the principal nations of the world would readily command the services of the experts best fitted to undertake so important a work.

5°. A Central Bureau so organized, with the assistance of such experts, would exercise an authority with the respective legislatures that no mere voluntary organization could attain.

CONCLUSION.

It is proposed, therefore, to submit to the present Congress a proposition that an invitation be extended to all the nations of the world to hold a congress in Paris during the year 1901, with a view to creating a bureau upon the lines herein before set forth; and it is respectfully submitted that such a proposition would come with all the more weight, if the State Department were to express some approval of the plan. Obviously, such approval could only be given with the greatest reserve; however great the reserve made, some expression of approval is earnestly solicited. EDMOND KELLY.

Paris, June 28, 1900."

To the letter from the Honorable, The Secretary of State, your President made the following reply:

OMAHA, NEB., July 23rd, 1900.

Hon. John Hay, Secretary of State, Washington, D. C.

SIR-I am in receipt of your favor of the 21st inst., transmitting a dispatch from the Honorable Horace Porter, United States Ambassador at Paris, submitting a memorandum prepared by Mr. Edmond Kelly, a delegate from the United States to the International Congress of Law, now sitting at Paris, in which he sets forth considerations regarding the creation of an International Bureau for the collection and utilization of the world's legislation, looking ultimately to the unification of certain commercial laws.

The American Bar Association has for its object the advancement of the science of jurisprudence and the promotion of the administration of justice and uniformity of legislation throughout the United States. As an aid to such uniformity of legislation it is made the duty of the President of the Association to open each annual meeting with an address in which he shall communicate the most noteworthy changes in statute law, on points of general interest, made in the several states and by Congress during the preceding year. To give you some general idea of the method usually pursued, I send you herewith. the address of the Acting President of the Association delivered at Buffalo, New York, in August, 1899. Commencing on page 20 of the pamphlet will be found reference to the legislation of the Congress of the United States and of the states and territories; and commencing on page 38 and running to page 107 will be found a brief synopsis of such legislation. This is necessarily incomplete because time and opportunity will not permit more extended review of the legislation in the Annual Address.

Since the year 1890, the University of the State of New York has published annually a digest of the enormous annual output of legislation of the various states comprising the United States of America. The work is one of great magnitude and of paramount importance. It is well said by the Director who prepares these compilations that "in this highly competitive age improved methods must be quickly adopted in government as well as in industries to keep in the lead," and that "states which do not study their neighbors' methods of government are as sure to lag behind as is the manufacturer who does not study his competitors' methods of production.”

The American Bar Association during the 22 years of its existence has done much to bring about uniformity in legislation among the several states. There is, however, much yet to be accomplished and its committees are arduously at work in their endeavor to bring about uniformity, especially in the lines of mercantile and commercial law.

You are correct, therefore, in your statement that the conception of the creation and object of the projected International Bureau is a development of the American idea. Undoubtedly the creation of an International Bureau, the duty of which would be to take the collection of the principal legislative acts of the world, study them comparatively and suggest to the nations a general improvement, leading to practical unification, would be desirable. The practical difficulties in the way are numerous and almost forbidding in their character. Mr. Kelly, in his memorandum, sets forth some of them, but there are no difficulties that can be suggested that cannot be overcome by correct methods. The method for the collection of the material and its after utilization by a central International Bureau might well be considered by a Congress of the Nations to be held at some convenient place in Europe. Certainly such action could not possibly result in harm and from it much good might result.

I heartily approve the suggestion of Mr. Edmond Kelly and hope the Department of State will lend its countenance to the project that the Congress of International Law shall extend to the nations of the world an invitation for a Congress to create the proposed Bureau.

At the meeting of the American Bar Association in August, 1900, to be held at Saratoga, I will bring this matter to the attention of the American Bar and it may be that the Association may have suggestions to make concerning it. If so, it will be my pleasure as well as my duty to communicate further with you.

Very truly yours,

CHARLES F. MANDERSON,

President of the American Bar Association."

I submit this correspondence to you, suggesting the reference of this important subject to the Committee on Jurisprudence and Law Reform that it may after due deliberation report with recommendations to the Association.