The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1881-09-12
The Mixing and CodIaealIon orLaws.

summer, whose duty 1t has been 70 cohlPl'e
md digest the various acts bearing on any
Dne subject, and us fur as possible to give
them some sort of coherency AMI logical
relation. Their work Is tobe submitted to
the coming session Of the Legislature this
winter.
The plan is a good one. In fact it is the
only plan that is likely to secure pacu-
cal code Of practical laws, The average
legislator is really unfit Tor the business OF
law making. lie is crude and incxperienc'
ed. lie comes to the legislature with per-
haps one or two pet projects in his head, in
the matter Of changes in the laws. lie has
perhaps been school trustee, and from the
gathered wisdom Of one years service,
along with two other persons as crude and
us himself, he comes to the
Legislature intent upon ripping up the
SC hool law and engratting on II his own
superficial notions. This isthe reason why
our school laws are always being tempered
with, and always being made subject for
jokes and jeers.
While We cannot expect Legislature to
be composed wholly Of lawyers, and while
it ought to have in it some OF the most in
telligent men Of the State. outside of that
profession, yet it is fact that We must all
recognize that good code Of practical
laws cannot in these days be framed by
men who are not trained and disciplined
in the theory and practice Of the law This
Is the view that now obtains everywhere
where the people have proper understand
ing and appreciation Of their own best in
tcrests. For instance, We notice that at the
recent meeting OF the Social Science AS
ISOLATION at Saratoga, Professor Thomas
Wayland, Of the Yale Law School, read al
essay entitled; Certain defects in our
methods Of making laws" which attracted
much deserved attention on account Of its
practical suggestions.
He did not attempt to outline compre-
hensive scheme Of law.reiorm, which can
probably be achieved only by gradual
stages, but directed hisremarks to the com.
pllcatons and contradictions which arise
from crude and bungling preparation Of the
statutes. Every State and Territory can
furnish abundant instances in which pro-
lixity and vaguencss Of expression have
defeated the purpose OF statute, and the
court reports are filled with the records Of
litigation growing out OF curbstone and
badly written laws. Any one who has ever
watched the proceedings Of II large legisla.
tive body can understand that such results
arc almost inevitable, in view Of the meth
DDS which prevail. A certain scheme for
legislation on Il particular subject may be
presented by IN expert from certain de.
partment in the Government In excellent
shape. 1t goes to committee, where 1t
is subjected to overhauling by men who
nre frequently, in fact generally, unskilled
In the art Of drafting laws and unfamiliar
with the object in hand Even Il II comes
bNCk from the committee to the l.egisla-
ture In a fairly intelligent shape, II Is sub.
seouently considered in Committee Of the
Whole House, where every member has
the privilege Of offering amendments that
affect either the substance or form. Com.
promise frequently becomes the order Of
the day; amendments are accepted as a
means to secure the ultimate passage OF the
proposed law; and in nine cases out OF ten,
the bill IL rushed through at some oppor.
tune moment, though It has been chopped
up into an unacceptable shape. 1t hap.
pens very often that laws turned out in this
why fail utterly to serve the purpose for
which they were designed, and only lead TO
new opportunities for litigation.
The remedy by which Prof Wayland pro-
poses TO prevent these common defects in
The preparation Of Our laws Is the appoint.
ment In each State Of "a permanent non.
partisan commission, whose province It
should be to consider all projects for public
laws, giving audience 10 all persons who
wish to be heard for or against proposed
measures and reporting the conclusions to
the next session Of the General Assembly"
This suggestion seems to be practical, OF at
least susceptible OF being made 30. The
practice Of appointing commissions for the
| revision of laws has been very generally
adopted BY the National, State nnd muniCi.
pal governments, and the work of such
commissions has always resulted In more
or less improvement III the form, arrange.
ment and perspiCuity Of the statutes 1t
| IL certainly more desirable TINT the
laws should be 30 framed in the begin.
ming as 10 dispense with subsequent re.
vision and reCasting-n practice which Is
apt to rcstilt in radical changes that were
not contemplated BY the original law.
makers. A commission Of the nature sug.
gestcd would In no manner affect the pOpu.
lar original laws, or the passage thereof by
the representatives Of the people. The
commission itself would not be legislative
body, nor competent TO exclude legislation
which majority OF the Assembly might
desire to pass. But II would be able 10
reduCe schemes for new laws to the proper
form, giving clear, brief, and exact expires.
sion to the purpose In view. II should be
tpquired'to be In personal attendance at
the sessions Of the Legislature, to explain
the meaning and effect Of proposed amend.
hithts, and to make the final draft Of the
statute to cOmport with the intentions OF
the unskilled lawmakers There Is reason
10 believe that such commission will be
able to protect the statutes from the contra.
elections, Obscurity, vagnenesS, and sense
lcssness which now cOmpliate them, and
in doing 80 II would save the people large
amounts Of money now wasted in litigation.
The British Parliament long since found
il necessary to engage tho services Of Par.
liamentary counsel to draft dillS, and to
watch the effects Of amendments and the
progress Of measures to their final passage,
and II has been proposed to train young
men in the drafting Of bills In order that
there shall be no laCkOi competent men for
this branch Of the service. American legis.
latiOh Is much more in need Of some such
protection against Crudeness and ineXperl-