New-York tribune., 1880-06-13


at Grade TO permit the by one road of the tracks
Of two other roads, to authorize connections and
extensons: to consent to roads purchase oil shares
in n steamboat company; to revive an old charter;
to legisate with regard to the taking OF land; 10
frame general law upon grade crossings 10 pre-
vent unfair discrimination IN transportauOnj 10
stop the throwing of missiles at cars to provide a
tribunal to decide upon the exigency Of railroads
before the granting of locations, ETC.
Every one will admit that only board OF ra'i-
road commissioners. or some similar expert Douy'
could possibly legisate correctly upon the above
mired list of special cases. What shall we say then
of the Legislaturcs competency to deal with the
HoOsac Tunnel question, which was @ also
brought before it, and npon which IL wac
Obliged to legsate-a subject Ieqnlng s
business, aud the practical problem ol "n,Cu n
is to secure. fair M income G0 from tho an 9So $50
members of the Legislature, it is within bounds 20
say that not twenty-eight had any rght 10 tHPG;;s
an opinion with regard to the solution OF TINS
eight men were worth considering. IL. :.
As an adjunct to this list OF railroad qnestloRs'
NAV he stated that Mr.. Walter Shanly' one OF the
builders of the Iloosac Tunnel sent ~ Pe,iidIn dnI
for compensation for losses suffered. 10 uet
eide whether this could be justly grahIeu vi "OF
the construction of this famous tunnel-a kn9"I-
edge not possessed probably by hye men In tle Leg
isiature and not one man felt sufficient interest,"
in the petition to move it's consideration by COM
mittee. As q result Of Investigations maze SEVERN
years ago. have not the slightest uouO! thaJ @ 1i.
Shanly's claim is. in part ut least, jusl. buI
although the claim NAV De presehteu year aitoi
year. the injustice under which he suiioTs Is nor pc
lieyed is not even considered, because our lcRslt-
tors are incompetent to decide upon tne amount
owing to him. or, If competent. are unable 10 spare
the time the task would require.
INTRICATE STATE QUESTIONS AND TRIVIAL TOWN
SHIP INTERESTS.
But railroad questions, Notwithstanding theH
;,,4r nboh hiv leIlBlate
upon understandingly than are many questions OF
taxation and some of the social questions that an
nualv enter legislative halls. However intelligent
and conscientious q legislator may be, 1t is evident
that to act wisely upon all the subjects
legitmately brought before him during
single session has become an absolute impossloty'
How, then can the ordinary legislator DO OF much
greater value than bull III q china shopf No pro-
found psychological analysis Is requisite to justify
the assertion that tho member Of the Legislature
who is chiefly interested in Chappaquansett her
ring, or Tuckernuck fences or the length Oh ma
turo lobster. or the sizs of a milkmans can, and
who may have been elected solely with reference to
his knowledge upon these subjects, is not
tine man likely to assist in perfectng
system of taxation, or to be OF
great service on the Railroad Committee.
or TO decide upon the proper tribunal for consider
ing actions of tort. And yet the mon who are inter
ested only in herrngs and fences and HOLSTERS and
mlk-cans are likely 10 be elected to the Leglsa-
ture as are the who are qualified to handle
the more important affairs OF the state. lu-
deed town may be considered fortunate which
sends to the Legislature representative chosen lot
the purpose of looking after some matter OF tOWn
interest which TO outsiders may appear OF tue MOST
trivia character He Pntertains a decided opinion
probably upon one subject at least {; whereas IN
some instances even this minute amount OF Qlaii-
fication has not been considered necessary. In
certain rural town. where political ieuds had once
or twice prevented the election oil any repre-
sentative, an ARRANGEMENT was inhue I oe
tween tba leaders OF the two political
parties 40 that certain mcn shonld he
elected in regular order that each IN turn mlRhi re-
ceVe a Representatives. salary and perqusltes.
This management has continued for fifteen
years. during which time the Representative
word 'fS S deGSte sGTe mas ntToGucod S pob b
done any other work than to draw bis salary and
carry back to hls farm as much of it as he could
with whom he stopped" during the session
At best, the only education which nine-tenths OF
the members of n New-Euglan legislature have Ie-
ceyed to assist them in the work Of legislation. Is
the education OF their native tOWn-nretlngs; and
| the practical cOmmOn-sense which enables them To
| make an effective disposition of town affairs Is
| wholly unable to cope with the perple1InR ai-
| fairs of State The legislator too often cannot
understand that State affairs governed by other
| laws than those which assure profits to the OLD
] wOman's apple-stand or that the attempt OF
the practical farmer fisherman or lawyer or butch
or to regulate them alter slmller mrlhOuS must De
| mischieVOus 10 an extreme degree. On the one
| hand then considering the intrlcacy delicacy aud
comprehensiYeness Of the problems requiring logls-
| atiye action, and the other hand. the capa6il-
| ities of the ordinary legislator. the quotation
with WHICH this comInunication opened Is abund-
ing" our legislator may be, he is pretty sure 10 be
| vastly Ignorant" concerning tho nature OF tho
work he is sent PERFORM and most Of hs endeavors
| to do it can fairly be characterized as silly"
| CHARACTER or NoDERN LEGISLATION.
Ii very superficial reply to these criticisms to
assert that the last Legislature performed its work
to the satisfaction of the people Of the State. The
assertion in the main, is undoubtedly correct. but
the legitimate deduction is, much the worse
| for the people OF the State 1t is strange that
| with all our former spread-eagle eloquence upon
| American destiny We should be now so blind to the
fact shat our destiny" is upon us-that is, we are
no longer a band of adventurers. theological out
casts or homeless emisrants. or even success
| tul revolutionists. We not the loR-hut set
tiers Of a new country. We have already dsVel-
| oped an intricate civilization; and something
better than q species of degenerate town injecting
| is needed TO do the work of legislation Because
have become accustomed to haphazard legislation,
and have learned to tolerate it, is no reason why
should settle down in tho belief that we cannot
| have anything better.
Our best legislation now is only sort of ingenious
| patchwork. Our laws are temporary make
shifts One which is enacted this year
with popular approval, may be Overthrown
! next year. without whisper of disapproba-
| tion In fact. one Of tho most effective arguments
against proposed biennial sessions OF the Legisla
ture is the assertion that the defects and mistakes
OF each Legislature require correction 10y succeed
| ing one the following year. And this
is called satisfactory legislation Satsiac-
| tory, indeed when within five years' time
| every act Of importance must be recOnsiderod and
readiusted. A change must come before q great
while. The machinery that worked well a
! hundred years ago is unfit for modern require
| ments This fact needs to be repeated
| until general attention ~ called to it, and
| mems minds become accustomed to the
Thought of the necessity of finding substitute be-
| fore the old machine completely breaks down. Our
| State Legislatures are rapidly becoming llustra-
| tions of Darwinism in sOcology--examples Of the