The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1891-03-21
CARELESS LEGISLATION.

1t appears that the act passed by the
late congress to provide for the erection
of three United States prisons is rendered
imperative by the fact that it does no
appropriate cent even for the expense
of preparing the plans of the buildings
and similar defect has been discovered
in the act relating to the Philadelphia
mint. These measures were duly con
sidered by the committees of both
branches of congress, and presumably
read by every senator and representative
and yet nobody detected the fault that
makes them practically useless The
oversight seems incredible. considering
the facilities that exist for the correction
of mistakes in that relation; but the truth
is that such occurrences are quiet
frequent. At every session Of con-
gress there is more or less inn
perfect legislation. The bills are not
examined with proper care and thor
oughneSs, and the result is that the pur-
poses of many of them are either entirely
defeated or so confused and embarrassed
that the power of the courts has to be
invoked for the adjustment of doubtful
points and the coherent Interpretation of
loose and ambiguous provisions 1t is
not too much to say that majority of
the cases in the federal courts involve
circumstances of this kind. The laws
are constructed after fashion that gives
chance for constant dispute, whereas
they should be models of simplicity and
certainty.
There is reason to believe that much
of this defective legislation is due to the
pernicious habit of rushing bills through
IN such abundance during the closing
days of a session. The opportunity
of detecting errors under the condi-
tons that prevail at those times is
so small that it affords no practical
protection. 1t is assumed that the bills
have received proper attention at the
hands of the committees, at least so far
as the matter Of their construction is
concerned, and they are accordingly
passed in an Indifferent way. The
methods by which legislation is under
stood to be shaped for final action are
all right and sufficient if they were faith
fully employed; but in reality they are
not thus applied. There should be some
means, both in congress and in the state
legislatures, for preventing the mistakes
that now SO often occur where mistakes
may easily imply serious trouble and in
jury. The terms Of every act of legisia-
ton should be 50 plain and explicit as to
put all reasonable controversy out of the
question. 1t is not at all necessary to
frame laws in a complicated and indefi-
mite manner. The English language
can be made to express any object or
sentiment with perfect clearness, and
there is no excuse for bungling work in
that respect Those who are chosen
to perform legislative service are in !
duty bound to regard the fact that the |
best way to lessen litigation and to in |
sure justice Is TO provide laws that are |
direct and distinct in every particular.
The instances OF carlsseness in the late |
congress serve to emphasize the presence |
of an evil that increases rather than di- |
as time passes. Our law-nlak-
ing, IN short. is far more crude and heed
less than is consistent with our national
reputation for intelligenc; and it ought
TO be reformed as soon as possible |.
The main point raised by the Globe in
the foregoing. that is. as TO hasty and
lnconsiderate legislation, is well taken.
Nevertheless, in this particular instance,
IN view of the enormous appropriations
made by congress, and the further fact |
that the two undertakings cited are not
10 the efficient conducting
Of the government, the omissions cannot
but be considered as fortuitous.