New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1881-09-06
DEFECTS IN LAW-MAKING.
ADDRESS OF PROFESSOR wAYLAND.


SARATOGA, Sept. 5.--The American Social
Science Association began its annual here this
evening The President Professor Thomas Wayland, OF
the Yale Law school, delivered the annual address, from
which tie following extracts made:
PROFESSOR wAYLAND's ADDRESS.
need not detain You with references in detail to tho
countless instances of experimental legislation" tenta
tive acts" they sometimes called-crude, di-
gesed visionary, quixotc of which large proportion
are speedily set aside unconstitutional wholly
imperative from hopeless obscurty of statement.
Painfully conclusive this point is the history of cgs
lation during the past quarter of century, temper
ance gambling, divorce taxation, education and kindred
subjects.
The following section of statute "pinshing
offences against Public Health" is certainly long lit
era citation but it cannot well be abridged it is
posed OF single sentence. There is another and a
serious why its tar proportions should not be
curtailed. Taken whole and considered a stat
utory provision it seems to comprehend almost every
Objectionable feature which could be included in the
number of words. / therefore quote it. verbatim
ct eratim ct punctuatim
II any doctor, physician. apothecarv any other
person, sha give communicate, or administer or Dy
their influence counsel, advice persuasion suggestion
by themselves directly indirectly through the aid
or medium any other person or persons agency or
means whatever any deadly poison whether animal
mineral or vegetable, such quicksilver arsenic, anti
mony or any merclral, arsenical antmonial prepara
tons therciron or ccuts deadly nightshade, henbane
p&% or any , on th9 dyeSGI
preparations such as chioroferm, ether, oxarating
from other poisonous minerals or vegetables to any
t,en OF e Te1Sry Of whether sick or well old
ing disease, or from any real Or pretended cause nl1-
ever without first expainig fully DEFINITELY critically
@p and sn 0DS to the patient ., aa
mother husband, wife, children, or guardian, or
language the specific nature operation, and design OF
said poison or poisonous preparation about to be- or in
proval appreciation and consent OF the patient, if OF
ture years and sound mind and of the parents guardians
nicating said poison Intended doctor physician
the and free 0F s ssa
Of and dh6 Se SS & any g s
not less than one thousand dollars and be imprisoned
year. and If death patient or person so reeciv
ing inc poison az above specified snail follow the taking
nature thereof then .he doctor physician, apohccary
sniG poison, shall be adjudsed guilty Of man man,
aSy court fq hayns as anS gns9 m nd be- be-
punished according the law FOR said crimes Provided.
orepart Of this section and The penaites thereof shall
mot haco 10 I LAM ana hay
ing an admnisering to companies and individuals
ceive OF their drugs posons medicines with good
intent, ON their own responsibility
Now grotesque this specimen Territorial legisa-
ton certainly is, should not dare to that
not discover in the legislative records OF of
older communities enactments equally absurd AID with
out the feeble excuse of good intentions.
ENGLISH PARLIAMENTARY METHODS.
Before proceeding TO consider what remedies, IL any,
can be devised for the removal of the serious defects in
our lawmakng machinery, 1t mag be well glance
moment at the methods OF legislation vogue in
other civilized nations As the Parliament OF Great
Britain IL the parent of all Legislative Assemblies
wenaually turn to that august body without pausing
trace historically the various steps the present
methods OF aw making have been reached will be su
ncient to say that for long time experienced d-as
have been employed to prepare Bills for Public
Laws to be cntcd by the departments or by
private membGrs In ls60' an eminent barristcr, Sir
by the Government as a craftsman, was appointed
drawing all Bills belonging to this department and 9uch
OTHER important Cabinet Bills he could find to
prrpare. For some years he had assistance ex
oept that rendered by mere copying clerks 500 his
the appointment OF Parliamentary Counsel. Tho yaine
of sir Henry Thrnge services has been repeatedly
ognlHed by prominent members OF the two great poll l.
cal parties the ioor O the House well ~ by the
subject, relating Legislative re form IL seems TO
be generally conceded tna largely consequence OF
hss been made in he accy
efficiency OF Acts of Parliament. That The
much needed change has not been more radical
due to various causes peculiar to parliamentary pro-
practice of Offering amendments TO bills, which, having
passed second reading are before the House in Com
mttee Ihese anrhdments are often numerous and
complicated and not untroquenty adopting or more
meaning and design OF the bn During ,he .cironS n n
'heso amendments the Parliamentary Counsel is present
and Is consulted from utne TO time to their legal
sn'et hut 90 sucH hn"ty cons Iteration as must
and members are eager for final action OF Necessity
imperfect and inadequate II follows that the Govern,
mcnt Ia occasionally obliged to hill which In
the hurry 0t the closing the session. in danger
OF being defaced BY inconsistent contradictory amend
mcuts.
Inc Inconvenience and injury resulting from, tbis
source received especial attention at the hands
lcct committee Of the House OF Commons, appointed In
1879 To consider whether any aud what ueaIla rau be
adopted to improve the language o current
legislation" Tho Right Robert Lowe (sincc raised
to she Pccrage Us Lord Sherbrookc) among the
prominent men who appeared before the committee In
the course OF his testimony lie SAID that there was
obvious disadvantage in having bills ,r,
pared by different hands. however shiifu
shOdd be trained IN this peculiar branch business 40
that Whenever vacancy occurred, there might be
qualified as lawyer III res poets, yet NOT M
Tor ils kud ol WORK unicss he had been brought Ia
it," whon asked IL the Government lraftGnnn cruid
ully consider the amendments 80 as Ia be sire
that they would not lead TO conflict anb guilty. no re-
piled: think this sht BE- done II things Went ON nt
pace ali through the SESSION as the commit
tee know, they faster and faster during last few
done" " "
Many suggestions have been offered looking to the
removal dlminutun OF this evil but I'M upaely
the trouble arising from amendments il only one ~
several causes which retard and confuse English legi,la
ton Combined, they prescnt n formidnbr FROM O.
tom, precedent, tradition inevitable appeal TO to
wisdom OF ancestors, the conviction that discontinue
on their side. The stupidity Inherited conserve
tsm and the activity OF diSioyal faction iou forces I'm
defending them and the parliamentary History ot m"
lrlsh ihnu b dcmOhstrates the obstructive power Of
this unnatural union. -
LEGISLATIVE REFORM IN AMERICA.
The practical question in the United States howevcr
is not how shall we deter silly persons from Promising
foolish measures but how protect the Statute
Book How can prevent the clumsy blunders of
callow Legislators from being solemny engrosscd among
our =" standing laws"f How can rescue legislation
from mercd cOntemptl How can we relieve our courts
from the ntolernDe burden OF constituting enactmpnts
which insult to common sense and heu rim, ,,
mcnts which are wearincss TO the fiesh to avert what
was rom inc lrst foregono copcusloDl
Tong step IN the direction of been taken
in iia E,,