Morning journal and courier., 1881-09-06
NFICE 400 STATE STREET.
Price Four Cents

But are there not some features in this
 mode of legislating by commission which
 point to the possibility of a more extended
 and far-reaching reform? Do they rot sup-
 gest the idea of aspermanent, non-partsian
 commission, whose province it should be to
 consider all projects for public laws, giving
 audience to all persons who wish to be heard
 for or against proposed measures, and re-
 porting their conclusions to the next session
 of the General Assembly? Such body com
 posed mainly of eminent lawyers, might well
 include representation from the mercantile
 class. Not being dependent for their tenure
 Of office on popular caprice or the mutations
 of party, the members of such commission
 might be expected to acquire some knowledge
 of the science of jurisprudence, some famil-
 larlty with the fundamental law of their
 State, some definite information as to what
 had already been enacted. They would nat
 urally be led to consider with
 some son care what subjects properly
 call for legislative interference
 and concerning what subjects men may be more wisely permitted to regulate their own affairs Recognizing the fact that a law which cannot command the intelligent and active support of a majority of any commun 1ty will inevitably become dead letter, they would avoid conflict with 8 superior strenptb or public opinion, no matter how plausible on grounds of abstract morality, the pro- posed enactment might be made to appear. They would not shrink from originating law which would remove an existing abuse or prevent threatened harm, or correct a previous error in legislation They would never resort to the lndolent or cowardly ex- cuse for inaction that there had been no pe- titlon on the subject when they had become convinced that action was desirable and practicable. They would avail them- selves of the legislative experience of other communities, and seek, so far as possible, to bring the legislation of their own State into substantia1 harmony with that of surrounding States Finally.
 ''to secure uniformity in language and ar. rangement," they would depute to one of their number the duty of drafting all such bills as they had decided to present for the deliberation of the General Assembly, It is in keeping with the spirit of these suepes- tlons that when the Legislature is convened, the members of the commission should be entitled to seats on the floor of the House, and be allowed to explain, and, if necessary, defend their action. This has recently been carried into effect with gratifying results in a western State, where precisely such priv ilege was conferred during two sessions of the Legislature, upon the commissioners who had reported a new code.
 This scheme may not commend itself to the popular judgment, but 1t is submitted as the rough outline of plan which may con- tain some feature worthy of consideration. Of course, the cry can easily be raised that it calls for new body of salaried officials, that it leaves the Legislature without occupation (although the opportunity of discussion and the exclusive right of final action would really remain as before and that the peo- ple's representatives are competent to make the peoples laws. Of course it would en- counter the opposition of those lawyers who contemplate legislative blunder with feel ings akin to the savage greed with which, in ''the good old days" g Cornish wrecker looked upon stranded ship, and of those politicians who have found it no difficult task to engineer bad law through an over worked committee and pre-occupied Legis- lature.
 This need not excite our wonder The legal profession contains few ignoble prac- titioners, and I fear that some members of the Hobby" are venal. But among high minded lawyers and legislators the convic- ton is rapidly gaining ground, if I mistake not, that our present methods of law making are harmful, fatally defective, and entirely unworthy of highly civilized, progressive md self-governing communities To SUD- pose that no practical remedy can be found for so serious an evil, or that when discov- sred it will not be adopted, is to underrate he intelligence and the wisdom of the Amer can paopla