New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1896-04-06
SLIPSHOD LEGISLATION.

However opinions may differ as to those parts
Of the Liquor Tax law which have an undis-
puted meaning, If such there are, there Is no
doubt that 1t contains an extraordinary number
OF perplcXing and debatable provisions. The
law officers of cities have been busily engaged
ever since the law was passed in responding to
official demands for lis Interpretation, and every
day fresh additions are made to the list or I'M
certainties. AS was to be expected also, the
dsagreements are about as numerous as the
applications for enlightenment. and not even as
to the date of It's going into operation has
convincing Judgment yet been rendered Pos
sibly the illustrous Mr. Raines, the putatiyc
author OF the bill which the machine enacted,
knows what II means, or what he thinks 1t
means but he has not come forward TO answer
the conundrums which everybody else Is ask
ing If Governor Morton finds time 10 read
the papers he must contemplate with mingled
amusement and modification this Ovcrwhrlm-
ing disproof of his cheerful announcement that
the law Is plain and concise We do not
suppose that there Is Il single individual con-
cerned In the liquor traffic vcnder or pur-
chaser or a single official charged in any de-
gree with the enforcement Of the law. who is
not in serious doubt as to his rights and duties.
The circumstances under which this master
piece Of slpshod legislation was brought into
existence partly account for It's obscurlty. The
managers did not dare TO let 1t be amended or
recast lest free and full discussion should lead
to its defeat 1t was essential TO their purpose
TO thrust II into the statute book with all It's
deformities, known and unknown. and leave is
future TO the courts But though that method
of lawmaking has scarcely ever been carried to
such an extreme before 1t is as familiar as II Is
dscredltablc Theoretically our laws, however
cr,ldely drawa are carefully revised. The Con-
stitutiOn contains certain requirements which
were more particularly designed TO prevent trick
cry and stife Jobs, but which II was also hoped
would operate to make the laws more intelli-
gible and diminish litigation. The Legislature
has also adopted various rules Of procedure sup
possibly intended to promote the same object
The statutes, moreover, are generally the pro-
ductiOn Of lawyers and might, therefore, be rea-
sonably expected by laymen, II they did not
know better, to illustrate the special training
Of the legal profession. But with all these con
ditlons favorable to clearncss and accuracy OF
statement an important enactment very seldom
declares It's meaning Enthusiastically. 1t almost
always becomes at once a matter Of contention
and Is ultimately thrown into the courts, there
to be interpreted or annulled, as the case may
be- Bench and Bar being often about evenly
divided on the question Of its meaning or Its
validity.
We do not intend to imply that New-iork Is
worse served IN this respect than other States.
All legislatures seem to be not merely liable 10
strange lapses from intelligence but slnguarly
disqualified in their organic capacity for turning
out sound and finished product corresponding
to the average sdgacity Of their individual mem
bers. There Is little risk In saying that If the
private business Of the country were not more
skilfully conducted than Its public business the
march Of civilization would be extremely slow.
IT, having INDUCED in these somewhat mclln-
choly reflections, we are bound to suggest a
remedy. we say. frankly that we do not know
where one can be found except in such cultiva-
ton Of civic morality as will dinuse a sense OF
personal care for the common welfare, and so
raise the general standard Of fidelity 10 obliga-
tons publicly assumed.