The times. [volume] (Richmond, Va.) 1890-1903, 1897-09-01
CARELESS LAw.MAKING.

The Hon. william p. McRae, OF Pet
ersburg. read before the recent meeting
~ the Virginia Bar Association at Hot
Strings an admirable paper on "Legisla-
t,on Since the Code" which we published
| at the time
| Mr. McRae. who has ably served in the
| state legislature for several years, called
| attention TO the careless and Imperfect
drauebt of bills and from his elucidation
Of the subject the wonder is that more
errors do not creep into the statutory law
y, the state. Said he in this connection:
| ont OF the total membership or the
House only about one-fourth are lawyers
and 1 believe that to be ordinary proper
ton. ~,
n,,r,rg The recent session Of the Nir-
g,r,o legislature there were introduced
| into the House about eight hundred and
| 6ftv hills and into the Senate about one
! hundred less many Of them voluminous
II &c no exaggeration TO say that II IS ply
| eica1Iv impossible for the best-informed
and most industrious legislator 20 even
| read the bills that are laid before him
| I'm, addition to the performance or his
| other duties.
inc drafting OF statute demands
strictly professional c.ttainments OF fhe
| highest order For the draughtsman
must express his meaning In clear ana
accurate language. not only mat inc
| reader may understand, but so tnat ne
must understand but he must have
| familiar acquaintance with the common
| and salute law upon the subject with
which he proposes TO deal. else where he
here builds dyke. he may there food a
remote meadow which he had never in
| mind. lie may not even leave a crack
or crevice into which the wizard Of con-
struction may creep
He then referred to the English system
Of censorship and while this system IS not
permissible in Virginia, he thought that
we might very properly take step in
that direction:
There might be he went on. staff Of
counsel permanently attached 10 the Leg
islature. These should be lawyers OF the
highest rank, selected for ability and not
| on account OF political srvices. Compen-
sation sufficient TO secure the services OF
| the leaders Of the profession should be
paid Every bill referred to a committee
| should be critically examined by one OF
| these counsel. He should report as 10 its
| effects upon the general body OF the law
| point out constitutional or other defects
| and. II necessary, redraft the bill.
The saving 10 the people effected by
clear and accurate expression OF the
Legislature would be very great.
| We refer again to Mr.. McRae's paper by
way OF saying that at the late meeting Of
the American Bar Association at Cleve-
! land. Ohio. Governor John W.
Grlggs. of New Jersey. read a paper on
Legislation and the Needs Of Reform in
Law-making." which follows the same
line OF argument and practical suggestion
as the paper OF Mr.. McRae.
| Starting out with the general PROPOSE
tion that there is no one thing in all the
various departments OF government or
business that is carried on with less scien-
tinc or orderly method than the making
OF laws" Governor Griggs spoke in de-
tail OF the above and finally concluded:
| IL every bin receives the careful revis-
ion OF a trained draughtsman, the gain
| I'm simplicity. stability. and diminution OF
litigation VIII be enormous.
| A censor OF bills is not permissible I'M
der our system Of legislation. but there
| can be a rule Of public opinion. senti-
ment OF prudence and conservatism that
| will enable every legislator 10 reject all
measures not properly revised and correct
ed all measures that have no positive
public necessity TO justify their adoption.
II ought not to be enough that a proposed
law does no harm; IT should be required
OF II that II shall have the quality OF
! positive benefit In order to justify its en-
actment
! 1t is well that this subject is attracting
the attention OF thinking men. II Is
something which intimately concerns the
interests of the people and we trust that
the reform which is so much needed will
| not DO deferred.