The Washington critic., 1890-02-09
HOW T0MAKETHEL LAWS
SCIENCE IN LEGISLATION VIEWED
FROM MANY STANDPOiNTS.

Ireiudics Against Lawyers--Peeedont
the Inspiration of the Legal Mind
Opinions of ConRressmen, Scientists
and Philosophers.
The editorial in last SUNDAYS Critic
bn "Scicn,ists as Law Makers" has at.
iracled no little attention among
the classes whose relavtive value
as legislators il dealt with. A reflex
OF the opinion of lawyers and
scientists, whose professions find
worthy representation in Washing
ton, discloses variety of thought on
he subject Of the superiority of the
latter over tho former as makers Of laws.
An expression ofopinion by those who
may be regarded as competent observ.
ers In the law and in the sciences. has
bocn invited by The Critic, with in
iercsting results, 10 which the Legislators
themselves have effectively contributed.
MAJoR LAcy's TuoueHrFUL coNcLU.
sroHs.
Science" said Major Il. w. Lacy,
with regard to any department of
knowledge, implies an understanding
thereof. The meaning of science Is to
know There is broader sense, how
ever. in which II is used when 1t refers
20 the CONGRATULATIONS of number of
facts and principles dcduceable there.
from. In that view. to be either
statesman or politician in the worthy
sense of the latter term, the legislator
should apply science to statuatory en-.
actmcnts. The trouble is that politics
here toforc has been rather trade than
a profession. and not very high toned
one at that
THry THINK ONLY OF SELL.
Too many of our Legislators consult
only the ways aud mears of self
advancement, and the interests of party
as well as. of the nation are made sub
seryicnt 10 that purpose. The profes
siGn Of the law constitutes not only
science. but science of very high
and comprehensive order. The study
Of the law is not only narrowing in its
tendency Oh, the minds of tho student,
but is clevsiing aud enuobliug. 1t
teaches tho co-rclatiye duties between
man and man, as well as between man
asd aggregates OF people. States and
nations.
tits practical ethics. Every thorough
lawyer is, in one department, at loast,
a ascientist in Che strictest sense Of the
word, and. az Cicero said, That all
things shonid be made tributary to elo.
quencc, SO should also the lawyer All
branches of knowledge should enrich
his mind and enlarge his understanding
to qualify him not only for the dis
charge of his professional duties, but
FOR participating in those legislative,
executive and administrative duties
which he Is very liable to be called upon
TO perform.
PREJUDICE TOWARD LAWYERS.
The deep-seated prejudices which
seems to prevail against the law.
ycrs in the minds of the p0pntus
gnlguS seem almost unaccountabIe, but
arises no doubt from the fact of the
zeal which they display while working
and arguing in their clients behalf.
Yet NO one who employs lawyer is so
overly conscientious as to reprove him
for the ardor with which he advocates
HIS cause.
ITO return to the question of the
fitness Of lawyers to act in Legislative
capacities" said Mr. Lacy, "it should
be apparent to anyone that the legisla
tor should not only understand the law
which Is to be rcmedied by the new
statute proposed, but also the new rules
of construction and Interpretation
which will enable the framing of the
statute in plain and unambiguous
language. and should be, as Blackstone
puts II, acquainted with the old law
The mischief and the remedy Ir
every other department OF business
public end private, 1t is taken 70,
granted, that the man who is employed
In II should be thoroughly acquainted
with its detaiis-should beeducated tc
1t. but II seems that law making forms
the exception. Men assume to be borI
lcgislators-likc poets. born and no
made; whereas our view is like Bayart
Tayioris of the poets That they ar
born and then made.
GREATNESS OF THE LEGAL PROFESSION
Not only In our own, but in every
other civilized country, the duties o
legislation have deyolved principals
on the legal profession, and the grea
names which are enrolled in politica
annals, and the great sacrifices made il
the causes of justice and liberty beal
tit testimony to the exalted patriotism
high moral worth and comprehensive
statesmanship Of the members of tn,
legal profession.
rREeEDEST THEIR INSPIRATION.
Hon. William L. Wilson of Yves
Virginia, whose reputation as consti
tutional lawyer gives a value to hi
words. said: II think.it would be con
veniently proper If the law. making
bodies OF the country had in their com
position few more scientific men thar
they have at present. The legislator o.
today is apt TO look upon precedent a
the Inspiration of his duty. He depends
too much upon the past and hesitate
about looking into the future. The in
fuence of the scientist would he of grea
benefit. Ithink, however, legislativ,
bodies, shonid have as a controllin,
element representatives of the legal pro
fession."
CowgREssMAN PAYsoN's VIEWS.
1T is well known" said Congress
man L. r. Payson of Illinois. "that tn
greater portion of the law makers i
made mp OF lawyers. 1t is proper, too
as they are the only class which is tn
medium of expression, save that OF tn
press. ] am not prepared to admit tn
necessity Of supplanting the lawyer b,
ahe man OF science in our Legislatures
THE IDEA IMPRAeTIcABLE.
ut is an impracticable idea" replied
Congressman w. ID. Bynum of Indians
when approached on the subject. :"
shall refer you TO an incident in tn
life OF my old college professor, a maj
of great learning. able to fill any uui
yersiiy chair with credit. He had tn
command of dead, all but. .forgotte
languages. and no subject EXTENDS