Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1881-09-08

and amended the next; OF an act passed
and amended on the same day; OF pre-
cisely the same act passed twice in the
same session; OF IS dog laws enacted in
the same State during a period OF 40
consecutive years; OF an act twice
repealed; Of several abortive re-
p~,aling acts, appropriately indexed as
attempts to repeal, &c; Of six acts
passed in a single session and repealed
in the next session as palpably uncon-
shtutiona'; Of a general corporation law
placing NO check on the objects tor
which corporations could be organized;
oil tao independent statutes setting
forth the same land a very heniousl
ofrnse, and prescribing different pen
allies, and this blunder perpetuated in
the revision OF the laws; OF an import
ant section of a general banking law so.
framed as to be absolutely nonsense,
and ~rC-euac;ei in the revision without
sh ,nging a word"
TIE speaker compared the American
legislative plan OF creating laws with
the plan that prevails in England, where
the utmost care is taken in the drafting
OF each bill before it is introduced in
Parliament. From Sir Henry Thring,
X. G. B., the Parliamentary counsel,
Prof. Wayland had received the follow.
ing statement: "The greater part ofthe
bills which become acts are introduced
by a Minister or by Ministers belonging
TO the government OF the day. These
government bills, as a general rule, are
prepared in the government office, call
cd the Parliamentary Counsel Office. /
say las a general rule," because SOM
bills, especially consolidation bills, e. 9,
the criminal code, are OF such extent
and require the continuous labor OF a
craftsman for so long period as to
make it impossible for the ofica
OF the Parliamentary Counsel to under
take them. These exceptional bills are
prepared under the direction OF a minis
ter by any counsel he may choose. The
staff Of the Parliamentary Counsel con-
sists Of a permanent assistant, Ia barris
teri and three short hand writers. The
Parliamentary Counsel is also empow-
cred to employ and does employ, from
time to time, whose duty it is to draw
bills or parts OF bills under his superin-
tendence. The Parliamentary Counsel
mas prepared rules for the construction
Of sentences and for the arrangement OF
bills, which he requires the craftsmen
whom he employs to comply with.
THE Parliamentary Counsel receives
instructions for a bill from the Minister
who intends to propose it to Parliament
and the deIails OF the bill are settled
privately between the Parliamentary
Counsel and the Minister. 1t should
be clearly understood that the Minister
alone is responsible to Parliament for
the'matter contained in a bill. The
Parliamentary Counsel is responsible to
the Minister for the name in which
he performs his duty, but he is not LA.
bic to be called to account by Parlia-
ment for any detection in a bill. No
distinction is made as respects the mode
of preparing bills between bills which
may be considered OF great political i'm
portance and ordinary bills, such as
highway bills"
Prof. Wayland thought that there
were some features in the mode of leg.
islating by commission-which has be-
come customary in some Of the States
that pointed to the possibility OF a more
extended and fsr-reachin reform? They
suggested the idea of a permanent non
partisan commission, whose province it
should be to consider all projects for
public laws, giving audience to all per-
IONS who wish to be heard for or against
proposed measures, and. reporting their
conclusions 10 the next session Of the
General Assembly, Such a body, COM
posed mainly Of eminent lawyers, might
well include a representative from the
mercantile class. Not being depend
eut for their tenure of office on
popular caprice or the muta.
tons of party, the members of such a
commission might be expected to
acquire some knowledge of the science
OF Jurisprudence, some familiarity with
the fundamental law oi their state, some
definite information a. to what had
already BEEN enacted. They would no
shrink iro originating a law which
would remove an existing abuse, or pre-
vent a threatened harm, or correct a
previous error in legislation. They
would n, v r resort to the ildolen, or
cowarily excuse for inact:oa that there
had been no petition On the subject
when they had become convinced that
action was desirable aud ptac able
They would avail themselves 0 Il Q
legislative experience of other com
munities, and seek so far as
possible. to bring the legislation
Of their own State into suh.
stantial harmony with that OF SUI
rounding States. Finally, ito secure
uniformity in lanauage and arrange
ment," they would depute 10 one Of
their number the duty Of Grating all
such bills as they had decided to pre-
sent for the elaboration Of the General
Assembly. Ii Is in keeping with the
spirit OF these suggestions that when the