New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1881-09-06
C4RELESS L1W-MAKJNE

LII Ills opening ADDRESS DeIOre the American
Social Science Association Professor Wayland
has struck upon q topic of more than usual
public interest, and treated it in practical
common sense way; which it must be confessed
is not always the case with the essayists of this
annual meeting. For men who have the leisure
to look into the worlds workings and the cul.
ture to be generally dissatisfied with them, it
is much easier to befail existing conditions
than to get SO much as grain of wheat out Of all
their threshing. Anybody can find fault. In
the present imperfect state of society occasions
for grumbling are always within easy reach of
the feeblest intellect, and we have sometimes
thought that the Social Science Association, as
it styles itself, aimed chiefly at grasping them
all. In other words, that it expended its
energies rather in discovering diseases than in
inventing remedies. There is a discomfort that
is wholesome. It's ceaseless activity is the
source of civilization and the parent of progress.
How much of the healthy dissatisfaction that
expresses itself in trying to better the bad in
stead of dwelling upon it there may be in the
Social Science Association is vet to be shown.
AS n rule, however, we have found our social
scientists, so called, more happy in discovering
ills than in treating them.
Professor Wayland, in his essay on Certain
not merely pointed out the defects but has sug-
gested what seems to be practicable and COM
paratively easy method OF dealing with some of
the more pronounced and conspicuous of them.
In his brief comment upon the quality of our
Legislators, the manner Of THEN election, and the
process of their organization, we detect some
thing of the cynical spirit of the habitual re-
former who takes no pains to conceal his con-
fpr ba iOnn ma fhaf oil lanr
obstnately pursue their own crude and unen-
hghtened methods or are made dupes by
clever rascals But this is only in passing.
The principal defect in our law-malling
methods to which le draws attention is the inn
perfect manner in which the State Legislatures
perform the work which they actually set out
to do; the evils of haste, ignorance and lack
of consideration, the liability to blunders and
frauds, and the dangers of contradiction, in
conference and nullity to which the Jaws are
exposed at every stage of the process of enact
ment. Curious instances are given of bills
which have passed through all these processes
and run the gauntlet Of what should be the
most careful examination and rigid criticism,
and when finally cmbalmed in the statute book
have been found TO be a waste of unmeaning
words. One rather remarkable instance of
verbal copiOusness without force, in an enact
ment by a Territorial Legislature, is adduced,
which print elsewhere.
These are blunders resulting simply from
imperfect and defective law making machinery.
Professor Wayland does not set for himself the
task of showing how wise legislators may be al
ways elected, or Just laws always passed. He
has stated the processes by which our laws are
made and Illustrated their defects by some of
the results; and the suggestions which he offers
in conclusion are directed simply to the avoid
ance of such plumbers in the construction and
Of our statutes as defeat the very
purpose for which they are intended and make
of State laws chaos instead of n code. His prop
osition for " the appointment of permanent
" non partisan commission, whose province il
" 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 reporting their conclusions to the next
" session of the General Assembly" seems prac-
teal and well calculated to effect the purnose
desired. If the functions of slch commission
were merely to lick into shape the crude and
awkward efforts of inexperienced legislators
80 that the Legislature should at least be able
to do what it intended, it would be well " orth
to the State all it Would cost. If in addition il
should exercise Il more general supervision of
all bills for public acts, with responsibilities and
duties similar to those of the Parliamentary
Counsel of Great Rrtain--a very interesting
account of which, 10y the way is given 10y Pro-
fcssor Waylaud-it would be an invaluable
addition 10 the law making machinery of the
States. The discussion of simple aud SenSi-
BILE remedy for the serious evils of existing
legislative systems should not stop with the
Social Science Congress.