The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1897-02-13

81 ATrLE. SATURDAY.. FEB. Is
A LEGISLATIVE INNOVATION.

There u a slu Box pending Ia tie Penn
syiyamia legislature whlca Involves de-
eided innovation ia legislation. and one
which apparently Is IN the right direction
This MEASURE provides Tor the appoint
ment Of a legislative commission o. three
member, tbs commissioners TO have the
qualifications provided bg law for judges
OF the supreme court Thls commission
IL 20 SIT during the sessions o. the legis-
iature. ard 10 1t all bills reported favor
ably from the legislative committees are
20 be referred. The commission snail
thersupon report 20 the legislature an ex-
hlbit OF the existing law upon the subject,
the changes proposed. reference 70 pend
ing legislation upon the same subject. and
an opinion as 10 whsther constitutional
requirements have been observed In the
drafting OF the proposed act.
when q Dill fpally passes both houses
n 10 to DO again referred to the commits
soners for the correction OF such errors
rs may have escaped previous sxamina-
ton. and Is then submitted TO the gov
ernor for his approval
lns OBJECTS Bought 10 re acCoiugA4atfcu
by thu bill are obvious. Notwithstanding
the presence OF many lawyers in legis-
isttve bodies. as is the rule. many bills
are enacted into laws in q very crude
shape. aud aa long as the members OF tina
legislative bodies are IN favor OK the OBJ
5ecis which the law is designed to accom-
pllsh. there Is little careful and critical
scrutiny OF tao exact language OF the
measure. There is especial carelessness
IN the drawing OF repeating clauses and
provlsos. and I'm addition 20 this II has
happened. IN this state for example. that
two different Ia IS upon the same subject.
but differing in seme details. have been
passed at the same session OF the iegis-
lature. aud Il has been a monumental
task for the courts to endsavor to inter
rref such STATUTES. and reconcile their
apparently conflicting provisions. The
crudltles and oh>curitles OF legislation are
ianumcrahie aad no inconsiderabie por-
tlsu og the current litigation Is brought
aoeUt from just such causes.
Particularly j. this true OF the various
acts dess Sned TO regulate practice and
procedure in tae various courts Each
successive legislature takes hack" 81
This suaiect. and each successlyo enact
mtat requires a judicial determination
before it's exact meaning can be deter
mined
Waue the proposed measure may be
looked upon as an innovation sn legisla-
ton Ia this country. it out follows an
established English precedent. An En-
gllsh official with assistants. known as
parliamentary counsel assists parliament
In tails manner.
The commission proposed ~ the Penn
syivanla measure VIII have no voice in
debating the policy OF legislation. Its
duties viii be confined 20 seeing that the
intent OF the legislature Is put in exact
iszal phrascoiogy. about the meaning ~
watch there can be no controversy. THAI
all constitutional requirements are ob-
served. and that TIE law as passed con-
talns precisely what the legislature de-
signed to accomplish. and no more
The necessity OF some such body 20
rovsse TIE cruaities Of legislative enact
rnents has tong been telt and often dis
Guessed especially BY members or the bar.
Tbe Grating OF statutes is a matter re-
aolrlng not only trained legal knowledge.
hut knowlosigc as 20 tho exact meaning
OF laneuaEs and It's right use. not always
enjoyed ~ some Otherwise wen equipped
lawyers. II tie right nen. With tie risat
mental equipment ana The proper traio-
inr. could Dc gound AM employed sor such
work. tAe state and jao people woaid be
decidedly shc gamers ~ their employment
T. an fhc other hand. such positions were
created 60 Re filled as partisan appoint
n,ents. into which auy man who had the
good fortune TO possess political puu
aad license to practice law could be
psschferked. It is doubtful whether the
system would have any advantage over
tat new IN use.
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