The morning call., 1895-02-18
A DANGEROUS POWER.

The publication of the full text of the
new Lexow bill in THE CALL of Yesterday
has enabled our citizens to con it carefully,
observe what virtues it possesses and dis
cover it's defects. The latter become more
obvious and more vitafwith every publ
cation and perusal of the bill, and it will
be seen that while the new bill embodies
some of the virtues of the two measures
which have preceded it, the essential evils
and dangers of both are in it most care
fully preserved.
1t has been apparent from the first that
everything of good that is expected to be
accomplished by means of this commission
must depend upon the quality of the men
who compose it. 1t would be hard to
frame a law which would work evil in its
operation by ideal men. But what
assurance have we that such men, if
they exist, will be selected to compose
this commission? None! Or at most no
other assurance than is to be gathered
from the past record for wisdom in Leg
islatures and in Governors eyinced in the
selection of their appointees. If the places
upon this commission are desirable there
will be seen in Sacramento, in case of the
passage of the bill, hungry set of appli-
cants making all sorts of combinations in
the Legislature for the two places, and all
sorts of applications to the Governor for
the third Is it to be expected that out of
this scramble there would come a commits
sion composed of any better material than
that which is to be found at present filling
the various offices, general and local, of
the State? Hardly. The chances are that
|, ;c o. Ill h,
made up of men of average character
men who have been in politics; who have
sat upon grand juries; who have held office
and sought to hold office; who belong to
parties and to factions; who have the pref
udices, animosities, frailties and foibles
which affiict their fellow mortals; who
have friends to protect and enemies to ex-
pose and be revenged upon; in short a
commission OF the same sort of men as
those who are bowling for an investigation
and as those against whom.they howl.
If the average citizen will read carefully
this suggested law in the light of the prob
ability that such commission would be
created upon its passage, he will see the
dangers which lurk within its sentences.
This proposed commission is to be given
more power than is possessed to-day by
any other official body in the State of Cali
fornia. 1t can establish its inquisition
at any place within the State it may see
fit and compel the attendance there, from
any distance, of the witnesses it may wish
produced. Its sittings are not public like
those of courts must be, nor are proceed
ings set in motion before it after the man
ner of judicial tribunals No complaint is
required, no summons issued, no trial of
issues by those methods which experience
has approved. Any Shiny slanderer might
set on foot an investigation, and in the star
chamber sessions of this body it might
proceed without the presence or even
without the knowledge of the official
whose acts his enemy had maliciously
brought under suspicion. Such powers
have never yet been safely lodged in such
a commission. Such a delegation of
authority is nowhere sanctioned by the
constitution, and the people of California
could never have conceived that in the
election of this Legislature they were in
trusting to it the dangerous duty of add
ing to the list of State commissions,
already too long, another into whose
hands should be given an authority SO
unprecedented, so unbridled and sus-
ceptible of abuse.