The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1897-09-02

brain of man ever devised or his expert
| ence worked out.
'If representative bodies like our state
| legislatures are unable to deal with en-
tire success with all the complicated and
subtle questions that are presented Tor
their consideration, how much less can
it be expected that the masses of the
people would be able to do so! Yet we
find some who seriously propose TO relc-
gate legislation to the body of the peo-
| pie and by means of the system known
as the referendum take the popular voice
not through the people-chosen repreSe:l-
tatives. but from the direct votes of the
people themselves. This is to abandon
the system of representative government.
I'VE do not want the system changed
it is only necessary that our legislative
bodies should be controlled. restrained
and regulated by n proper sense of the
solemnty and responsibility that pertain
to the power they exercise; that they
| shall learn to respect the wisdom of con-
servatism: to value stability more than
experiment.
"Thc extension of the practice of hold
ing only biennial sessions of state lcgis-
| laturcs-a practice prevalent now in
more than thirty states-will do much to
decrease the amount of legislation. II
| is to be hoped that the system may be ey-
| tended to other states.
There is room for Improvement also
| in the quality of the men selected as
| members of the state legislatures. Too
| much regard is paid to political quaiiica-
| tons and not enough to legislative
ability. This is not the fault of the
citizens: very often they get the best OBJ
tainablc. There is Il great failure on
the part of men who are specially quail
fed by education and attainments TO do
| their whole duty through the state 10y
serving in the Legislative bodies of the
that the people prefer to choose high
class public agents when they can get
them. Blu! the scholars and lawyers
best qualified to guide and restrain legis-
lation very rarely are willing to give
their time to public service in the legis-
laturc. On rare occasions they will
come forth and serve the state with
great zeal and activity. but usually they
contine their activity to criticising what
less competent men have done We need
Il larger contribution of the time and
brains of our ADLER business men and
lawyers. both in state legislatures and in
the common councils of cities. Their
expert knowledge and conservative
habits will strike the cnacting clause
out of many useless bill that otherwise
would drift through on the tide that is
more easy to float with than to stem
We need more legislators with moral and
legal backbone to stand up against all
propositions that lack positive utility.
If every bill receive the careful revision
of II trained draughtsman the gain in
simplicity, stability and diminution of
litigation will be enormous.
A censor of bills is not permissible
under our system of legislation. but there
can he Il rule of public opinion. Il senti-
ment of prudence and conservatism. that
will enable every legislator to reject all
measures not properly revised and cor
rected. all measures that have no posi-
tive public necessity to Justify their
adoption. 1t ought not 10 he enough
that Il proposed law does no harm: it
should be required OF it that it shall have
the quality of positive benefit in order to
justify its enactment
Let lis continue our lahOrS for uni
fOrmity of law upon proper topics. for
simplicity of procedure. for better legal
education. for international arbitration:
and ut the same time LET us strive To in
crease the spirit of careful conservatism
which is the best preventative of good.
to cry a continual alarm against trifling
with the deep-laid foundations of our
Jurisprudence. and preserve for our
laws that sentiment of reverence and re-
Spect which hitherto has so distinguished
the AnglO-SaXOn race"
Contrary to expectation. there was no
discussion on the arbitration question.
which came next in order The
committee had drafted resolution which
satisfied all delegates.
John PrentlSS Poe read the report, as
follows:
ITO the American Bar Association-The
special committee to which were referred
rau nf ba mil -.
al law. and especially the resolutions an
pended to that report and the several
amendments proposed thereto. with in
structionS to submit to the association a
resolution cmbOdying their views as to
the section proposed by the association.
have considered the subject with so much
care as the limited time at their disposal
has allowed. and respectfully present as Il
substitute for the resolutions of the COM
mittee. and for the amendments thereto,
the following resolutions:
Resolved, The American Bar associu-
ton. renewing with emphasis the strong
declaration made by il at its last annual
meeting in favor of the adjustment of con-
troverSleS between nations by the medium
of enlightened international arbitration.
expresses its earnest hope that the efforts
to establish so hencticent Il principle may
not in their spirit and purpose be relaxed,
and that the administration of President
Mckinley will take such steps as may be
appropriate to the negotiation of Just and
liberal treaties with foreign powers for
the accomplishment of the result
Resolved, Furthermore, That copy
of these resolutions, signed by the presi-
dent and secretary of the association. he
sent to the president of the United States.
John PRENTISS POE. Maryland.
JUDGE T.. Il. SHERMAN. Chicago.
JAMES II. HUIT, Cleveland"
A motion to send the resolutions to the
house and senate was defeated.
At meeting of the legal educational
section today, Judge Henry Page of
Maryland. read a paper on primitive
Conceptions in Relation to Modern Law"
which dealt at length with the history of
jurisprudence.
He was followed by Henry r. Davis,
United States district attorney for the
District of Columbia. with paper on
the Law of Insurance in the law
Schools" He said in part
Assuming what | know to be the
fact, that the members of the association
are fully enlisted in the effort to raise
the standard of legal education and to
be alive to the ordinary needs in that be-
lief may yet fairly say that too much
stress can not he laid. and that enough
stress is not laid upon the science of the
law as an outgrowth of mans social
needs and quite the most important part
of mans social developments. How few
there are as yet who do not feel that