The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1897-04-01
David B. Hill Says the People
Are OvergOverned.
Mania for Regulating Every
thing Threatens Liberty.
MISGUIDED FANATICS.
Well Meaning Perhaps, But
Should Be Suppressed.
Let Legal Oppression End, Give
Individualism a Chance.

New York, April In the current
number of an agricultural periodical,
| ex-senator David B. Hill has an article
ON the ever growing practice in America
of regulating everything by law. He
says:
''SomeOne-I do not now recall who,
or where-made use of this expression:
we are too much governed No mat
ter who coined the sentence, it may well
be regarded as an apt saying whereby
tersely to convey the idea that the gov
eminent is constantly and unnecessarily
encroaching upon individual liberty In
that sense the phrase supplies a public
need. Some such epigram was required
to be invented appropriately to express
the popular thought upon a subject
which is causing so much public I'M
rest.
''The liberal minded and thoughtful
citizen views with anxiety the increaS-
ing demand for legislative restrictions
upon individual action, which is every
where being pressed by the devOtees of
fanaticism and paternalism with
zeal worthy of a better cause. There
seems to be mania among modern
law makers for an abnormal increase OF
statutes.
This tendency is not confined to a de-
sire for unjust iIliberal legislation,
but extends to a legislation of every sort
and character. A bare glance at the re-
cent session laws of New York con-
firms this statement, for the bulky vol
umes are filed with crude, iII-digested
and undesirable statutes, One-hah of
which it is safe to say, are either mis-
chievOus or wholly unnecessary. The
Hood gates of special legislation seem to
have been let loose, and every cOnceiva-
Bile subject has been acted upon which
the ingenuity of man could suggest.
But it is in the realm of obnoxious
legislation affecting individual rights
that recklessness has been especially
developed There has been so much pen
al legislation enacted in recent years
ritiZaT1 IA 1Hrni
way to turn to avoid becoming a Grim
inal by the infraction of statutes spec
ihcaIy regulating his conduct The
sound and well recognized general doc
trine that man may eat, drink and
wear whatsoever he pleaSes and act as
he himself sees fit, so long as he does
not interfere with the just prerOgatives
of his neighbors, is being 50 hedged
about with exceptions and qualificat atoms
that it has almost been lost sight of. 1t
is a fitting time to revive the cOnSidera-
ton of elementary principles of conduct
and to determine the true province of
the law making powers of the govern
ment
Excise legislation has been enacted
so arbitrary and unreasonable, that the
citizen may well inquire whether all
his natural rights have been forfeited to
the state.
"Exorbitant license fees have been
authorized virtual mOnOpolieS have been
created in the liquor business, every just
principle of taxation has been violated
moneys properly belonging to them,
and to build up a huge state liquor ma
chine; improper determinations have
been sanctioned between the meals and
resorts of miIlionaires and those of poor
men; the principle of home rule in ex-
else matters has been set aside or ig-
nored; unusual methods of trial and
judicial procedure have been provided
for; severe penalties have been author
lied for trivial offenses-all this has
been done, not merely in the interest of
e-,1E e1,~,
to a spirit of anaticism-intOlerant and
arrogant in its existence-which under
the pretense of regulating legitimate
business annOyS, perSecuteS and Op-
presses peaceful citizens in the enjoy
ment of their inherent rights.
"Our public schools have been invaded
in the temperance crusade which has
been carried on whereby in order to
more completely stop the consumption
of harmless beverages our teachers are
compelled by law-under penalty of
forfeiture of public mOneys-to teach
during number of hours each week
upon the moOted question of the al
legged injurious effect of such bever-
ages upon the human system. Was ev-
er a more ridiculous law enacted in a
free state?
But not content with such invasions
of our personal rights it is now seri-
OuSly proposed to establish system OF
official espionage over our social clubs
in order that excise laws may be more
strictly enforced. There is seemingly a
spirit ABROAD lnstT cares little ABOUT the
prevention of murders, robberies thefts
and assaults-apparently viewing these
heinous offenSeS with much complacen-
cy-but which DANGEROUSLY insists that
the police power of our great cities shall
be largely directed to the detection of
petty violations of sumptuary laws.
There is a persistent endeavor to still
further restrict rather than to relax the
laws applicable to the speeding of
horses.
I'VE are already SO hedged about
with narrow constitutions and meddle-
some statutes upon that subject that
legitimate sports and reasonable recre-
atoms have been much interfered with
and embarrassed. Extreme puritanism
is rampant. Liberalism is to the rear.
Even the liberty of the press-Sup-
posed to be guaranteed by our cOnsti-
tution-is not safe from attack. Our
lawmakers are further contemplating
the prohibition of the printing of the
picture of any person in a newspaper
without the express consent of such
person. While such a measure would
undoubtedly possess some advantages
and is not wholly without merit, yet
after all is it not really step in the
wrong direction2 Where is the line to be
drawn? Would there not soon follow
the prohibition of the printing of the
picture of ones house, barn, carriage.
horse or servant? Would not full and
complete censorship of the press be
next in order? Indeed, a measure to
that effect has already been introduced
in the New York legislature, and is now
wonderful progress which the adher-
ents of absOlutism are making in their
zeal to suppress what remnants of per-
sonal liberty are still permitted to re-
main among u.s.
1--WE are familiar with the old argu-
ment which is urged as a justification
for these legislative interferenceS 1t
is that abuses pertain to the exercise
of our inherent rights, and, therefore,
in the general interest such rights must
be curtai1ed, regulated or prohib ited by
"a fR5or1l9finT7s has PSDRCl2llV be-
come the tyrant's familiar plea every
I rn,rcnrnc,c.iAinr, fl,1t