The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1897-05-19
SANITARY LEGISLATION
DIR. JOHN N. TAYLOR DISCUSSES
SOME PROPOSED MEASURES,
And Reaches the Conclusion that
They Are Too Restrictive in Char
acter to Be Successful.

At the annual session of the Institute
of Homeopathic Physicians of Indiana
at the Denison Hotel yesterday, the
following paper of general interest at the
present time was read by DR.. John N. Tay
Tor, of Crawfordsville. Mr.. Taylor was for
eight years member of the Indiana State
Board of Health, and has since been presi-
dent of the American Conference of Health
Boards (Which includes the United States,
Canada and Mexico) and his views and con-
illusions are of interest to the profession
and to the public in general THE thoughtful
observer of legislation" said DR.. Taylor,
must often be impressed with the notion
that too many laws are being enacted,
creating too many officials, too many Of
lenses, too many proceedings at law, and
too much court costs and taxes. But this
is not all the mischief that is done there
by. Often an individual gets into office, and
before the ink that signs his commission is
dry he finds that the law with which he is
particularly concerned is not explicit nor
stringent enough; in fact, does not afford
sufficient opportunity for him to signalize
himself. Immediately he applies to the
Legislature for more and stronger laws,
without much knowledge of the complexity
of the problem with which he is about to
factors in procuring legislation, and there
is also the desire on the part of some one
to compel people to accept his theories and
comply with his notions of what is neces-
sary or right. These are the motives with
which we shall concern ourselves on the
present occasion
Whatever be the forces that are at
work we know as aomatter of fact, that
the reserved liberties of the people are be-
coming more and more circumScrlbed-the
causes for proceedings at law are being
multiplied to such an extent that every de-
cade shows a number OF cases that would
have had no standing in the courts of the
pervious one, and many acts are now con-
Strued as miraculous of the law that pore
no such import a few years since. Where
is all this leading us? Are the people to
be so surrounded by the pitfalls OF the law
that they dare not move without mourning
the danger of falling into one? Must the
law go on constituting acts into otfenses UNI
til we shall fear to act lest We commit
offense against the law? Or shall we begin
now to put a check upon this excessive
breeding of laws, or shall we wait until
their number, useesSness, or harmlessness,
and all the oppression that they entail shall
become uncomfortable? The direct effect OF
increased legislation is increased court
costs and increased taxation, and when the
laws that beget these are or doubtful utll-
ity, or are found oppressive and burden
some the people made restless and dis
contented by these, are apt to regard with
contempt not only the machinery OF the
law, but the law in toto, except such as
they know to be directly benetlciaI-Whlch
are not as numerous as they should be, it
would seem. 1t appears to me that so
many laws, with their necessary pains and
penalties, are not an evidence III winch the
individual must be looked AFTER, guided
and coerced. 1t would more bent this age
and our state of intellectual and moral
development ii we began to dispense with
minute and particular specifications in mat
tiers of law, and substitute therefor general
principles, leaving much to be interpreted
according to that sense of right and justice
that resides in the heart OF every true man,
which will grow stronger and produce re-
suits the more it is exercised. L firmly be-
lieVe that the ends of justice would more
often be attained under such guidance than
under laws whose technicalltles deteat the
very end for which the laws were framed
CONSTITUTION AND PEOPLE
by many political economists the Consti-
tution-that instrument which above all
others challenges our love and venera-
TOMS regarded as one of the loosest
documents which ever claimed the dignity
of a fundamental law of a great, enlight-
ened and civilized people. But its defend
ers answer, it's want of specific declara-
tions, its employment freely of general
terms, constitute its great excellence; each
generation is permitted to interpret it in
accordance with the best ideas of right and
wrong of the majority, aided by the tradl-
tons of the fathers. The French ConStltu-
ton of the revolutionary period, 1t is said,
sank by the weight of that which 1T carried
while ours, by reason of its elasticity has
survived crises just as great, pIdCtlCdlly
unaltered, ard will doubtless so continue
unless popular government be overturned
The unwritten British Constitution is a
still more notable example of principles as
opposed TO particulars. 1t is probable that
the trainers of our Constitution were in
fuenced in their actions by that idea of
Jefferson's that has since taken such a
strong hold on the people, viz, that too
many laws and too much government Will
ultimately menace individual liberty and
national independence. Hence they have
given US an instrument whose provisions
may be settled for itself by each succeed
ing generation, according to its best ideas
keeping in mind the Interpretation given by
the wise and patriotic who have preceded
them This idea seems to emphasize an
other that is the central idea of all-that
is, that the government does not consist
of written parchments, ofhclals, hlgn or
low, nor customs nor institutions, but Il IS
the people, sovereign ana absolute, 10
whom belongs all authority and all power
which may be delegated for a time, but
which may also be recalled at need. 1t
were we'll for boards and officials desiring
an increase of power. in order that they
may control the actions of citizens, 10 re-
member this,
"Of late certain boards of health. state
and municipal have been proposing the en-
actment Of laws forbiddinB public funerals.
restraining persons from splitting IN public
places and upon the streets, and imposing
isolation and quarantine upon persons az
flicted with tubercular consumption and
typhoid fever. The Board fof Health Of the
city of New York has recently enacted
that all cases of tuberculosis shall be re-
ported TO said board for registration, in
order that they may be kept under inspec-