The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1895-08-09
aRE4soN IS THE LIFE OF LAW"

But It's eternal dSitdtici tiuCttS Oh
other matter which can be discussed at
great length and with great delibera-
ton, because it is not the immediate
issue This is in regard to the present
conduct Of legislatures generally, and
the laws that are made by them.
The Prohibitory law can not be en-
forced because is was not intended
that it should be. 1t was passed for a
specific political purpose. So are
scores of other laws.
What is the result? treason is the
life of law" wrote Coke three centuries
ago. If reason is the life Of law it
will pay to stop a few minutes for the
purpose of looking into the methods OF
the modern legislative bodies and their
tendencies.
Each member sent TO the legislature
goes to the capital loaded with several
bills. These are mostly of private
nature or for some local political eff
feet. Legislative methods and sys-
tines, as originally ordered, created a
rock road for these bills. They had to
stand the stormy passage of the COM
mittee; the chances of an adverse re-
port, and, if succeeding there, had to
go into the turbulent committee of the
whole and face a blast they rarely
could survive. But surviving it, they
had to struggle through three readings
and debates and possible reconsidera-
tons, and, having forced their way
through one branch of lhe legislature
a thing almost impossib,e-had TO sur
mount the same troublous difficulties
over again in the other branch OF the
legislature.
Every barrier was placed before the
individual idea that sought to be 4
general law, for bill is but one mans
idea. TO become a law it must be slit,
gashed, torn, ripped by compromises
and amendments and amendments to
amendments, before, as one mans idea
it shall become properly the idea of
majority of men, and thus being law
shall be accepted as within reason, for
reason is the life of law.
The barriers of legislature are no
longer effective. Every member is in
tent, not on making laws based on
reason, but in making laws for private
gain, professional fees or for private
political betterment. The legislator
has one pet bill. His first struggle is
to get upon the committee to which
that bill will be referred. Unless two
or three members conflict with like
bills, he is almost sure to get upon that
committee and to secure the recon-
mendation of his bill, by palliating its
possible enemies with recommended
ton Of their pet bills. There are hun
dredS and hundreds Of such bills,
jumped through the COMMITTEES in this
way. Before the whole house, each
legislator sits Quaking, fearing to at
tack for fear he may be attacked,
championing another pet measure that
his pet may be championed. At this
time q member of the old school or a
conscientious young legislator, who is
deluded by homely old precepts, jumps
to his feet throws all thought of his
own bill to the wind and plunges into
a fight against pernicious legislation.
This member holds that reason should
enter into the life of laws. His speech
is made; his attack smart, but does not
the bill is passed depsite his
protests; his own pet bills are made the
victims of speedy vengeance and next
time his constituency refuses to send
him to the legislature because he did
There is only one thing that prevents
the passage Of endless laws and vol
umeS and volumes of idiotic enact
ments and that it the short life of the
body.
But in such laws that are passed, in
such laws which are the growth OF
private interest and are successfully
passed by trades" and are called
flaws" and have the processes of the
law back of them to secure their en-
forcement there is no reason.
Reason is the tenet, the idea, the
scheme, the political trade of no man or
set Of men. 1t is the combined intelli-
gence of the people. When law is not
on reason it can not have the
respect Of the people. 1t can not be
enforced. And, more than that, it was
never intended that it should be en-
forced.
New York City is having great trou-
BILE over the passage of an excise law
by the last legislature under which
liquor must not be sold in New York
City on Sunday, but can be sold in
Brooklyn, which is in the same state.
on that day. These two cities are
by river. The law was
passed for bumcombe. The people of
New York City have rebelled against
it and a canvass of the members of the
legislature that made the law. asking
each if he had an intention, when he
voted for the law, that it should be en-
forced, here has been made.
Some members said they did. The
great majority of men sent in answers
like this:
i never dreamed of such strict en-
forcement of the excise law when l
voted for it"
Il certainly did not expect any such
of the excise law when
l voted for it,
L thoroughly deprecate the present
illiberal and oppressive enforcement of
the excise law;
Il had no intention when voted for
this excise law that il should he so