New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1885-12-08

WHY LEGISLATURES CANNOT LEGISLATE.
1t is a striking fact that, on both sides OIL inc
ocean, the burning question with English
speaking nations is whether legislative bodles
can in any way be made to legislate. In the
British House of Commons, according 10 ME-
Morley, we have dleness without rest, indus
try without work, argument without per
suasion. and maiorites without power" Inc
terse description would apply as well to ieGlsla-
tive bodies not SO far distant. Experience DUR
ING the past few years has proved that the BTU
! ish Government can no longer perform Hs
functions satisfactorily safely without radical
changes of some sort The law-maklng Douy
there is fOnnd miserably incompetent TO make
/ laws ii can talk and wrangle. ana ask ques-
tons, but IN any emergency cannot De cOunIeu
upon to pass even the most necessary measures
But the British Parliament is not more IN
capable in this respect than the United states
House of Representatives. For years it has
been the complaint that we have had "a do
nothing Congress" and yet a Democratic House
has so threatened all trade and industry that
the business men of all parties have rcjoiced
with exceeding great joy whenever Congress
has adjourned, as one might when escaping
from a nightmare. Mr.. Springer and others
propose changes OF the rules, but while every
body knows that Congress is now incapable oil
performing the functions for which 1t was ere
ated, there is room for great doubt whether the
change proposed will not make bad matter
worse. Finally, in the different State leglslat-
ures the same incapacity of legislative bodies
TO do any good is observed, and the same ten
dency to become public nuisances by the evil
which they do or threaten. Ohio was cursed by
Legislature last year. Mr. Hustled, with his
great experience, proposes some judicious re-
forms by which he hopes to make the New
York Legislature less a nuisance than ut times
it has been.
All these bodies come into being for the same
purpose-to make laws for the benefit of the
community. But they differ in almost every
particular in origin and in procedure; in the
constituencies from which they spring, in theli
relations TO executive power, in the mode OF
selecting candidates, i'll the suffrage by which
members are chosen, in the forms of Organza-
ton, and in the rules by whlcb they are gov
crned. Differing in almost everything else, and
illustrating almost every device OF English
speaking people for the purpose of getting laws
made, they all agree in their incapaclty to make
laws for the common good. 1t may be added
that he who studies the procedure OF french
or German law-making bodies does not find
that the difficulty is one peculiar to Anglo
Saxon or English speaking races.
The broad fact, it would seem, might suggest
to those who are seeking reform that the evil is
not to be cured by mere changes of rules or
methods. Equally true it is that the choice OF
"bad men is not the root Of Tie evil, nor can
it be expected that radical remedy will come
from choice of better men. For the methods
of getting the best men. which are illustrated
in State and National elections on both sides OF
the ocean, are exceedingly various, and are the
result of centuries of experience and gradual
evolution. Moreover, the great majority OF
men chosen are in point Of fact honest, lntclll-
gent, and sincerely Jealous 10 serve the people,
1t must be expected that some knaveS and
hvpocrites will get chosen under any form OF
selection. 1t must be expected that party spirit
will make great deal Of trouble; remedy
which depends on the abolition of party spirit Is
adapted only for an ideal world. Legislatures
try to do too much. it is said. Doubtless it is
true, but the power to determine what 1t shall
try to do is necessary element in the law
making power, and if the body cannot be
trusted to that extent, il cannot be trusted at
all.
Is it not worth while to consider whether the
root of the evil is the selection of men to repre-
sent not the interests of the whole, but the in
terests of geographical fragments The sole
object for which the law making body exists is
to make laws for the common good. That does
not mean laws for the good of the majority of
towns or of districts, of boroughs or of par
ishes But the. member chosen by and for n
district primarily represents the district, and
seeks its interests, and not the interests Of the
whole country OF State. If this is the root OF
the evil, it is not wise to expect too much from
reforms, however meritOrous, which concern
only the modes of procedure. But it is wise
so to shape those reforms as to limit as far az
possible the evil tendencies of the present