The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1898-01-07
80 LlwIrn 80 InL LlmMlkrn.
Robcn Z. Lotrery Spoeks on Legislative
Bodies aud The Hort Of Io,rHcrs,

9otcrf 4. Io,rery speaks on Legislature
Bodies aud nc Hosk of IorWcrs,
Before the Territorial Bar associa
ion, which adjourned Wednesday,
Hon. Robert A. Lowery read the fol
lowing paper on the Lawyer and the
1t was at one time theory OF as
tronomy that all the stars, planets and
far-away suns revolved around a com
mon center Of attraction. and one Of
the group, known as the Pleides, was
selected as marking that great center
SO, too, with the legislative depart
ment of the United States, and espec-
ially OF the states and territories. the
average citizen has in his mind an
abiding faith that around that co-ordi-
nate branch Of our government, like a
tethered calf around a picket ring,
revolve all other branches, depart
ments, powers and functions Of civil
government.
In popular esteem the legislative, in
stead of being coordinate with the
judicial and executive, is In fact the
dominant factor Of government, and
the other two great branches are but
subservient convenieuces for the car
rying OF the will OF the law-giver into
effect.
II the term Legislative" be defined
as claw giving" or claw bearing,
and IL law be "the will of the people, -
and IL our statutory law be the will Of
the people expressed through their
represer tatives, in written rules of
action and regulations, and II by the
making Of statutory laws the other CO.
ordinate and so-called Independent
branches of government may be con-
trolled and directed, subject only to
limitations fixed by constitutions and
organic acts, which in themselves are
but fundamental laws expressing the
will OF the people, aad remaining in
force by their consent, until changed,
as therein expressed, then the logic
which places she legislative as the
dominant and controlling power OF
government seems to be sound.
Thus the legislative branch, pruned
aud restrained by existing consttu-
tion, organic act, ordinance or charter,
represents the parent source Of power,
and the judiciary and executive exist
for the purpose of carrying into effect
the dictates Of that power-a power
which created all ana maintains all
the will Of the people as expressed
through legislative enactment.
There can be no higher conception
OF earthly power than that which is
entrusted to our legislative bodies
the right collectively to voice the will
of nation, or Of the people of a state
or territory-and that will, when SO
expressed by the people through them,
to be law to which all shall bcw as
completely as the Romans bowed to
the will of imperious Caesar.
This is, of course, the theoretical
fgEC sior OF legislation. In practice,
however, the gentlemen who consti
tute our legislative assemblies have
few opportunities on measures pend
ing before the body, and the voice
which goes up on final vote, be il
AYE" or may" is the voice of the in
diWdual and not the vote of the masses
he representative act ef the creature
| by which the creator is bound, but fol
| which he is in no wise responsible.
And this analysis brings MS 20 h'
individual legislator-the man tC
whom for time we delegate the pow
er and prerogative of kings and en-
perors-the power to make and un
make laws. And what a power IL is. l
is the oldest of state crafts. Human
kind have made law since they begaI
making clothes. Since Adam and Eg
were, by mandatory injunction,
ousted from the Garden OF Eden man
kind have been making laws. IT mat
ters not at this late date whethe
Adam, unregenerate of course, bu
! "a ~ 70 20 a
male wickedness, allowed Eve TO die
tate the family code and regulations
or whether at that time he usurpe
the role Of law-giver and legilativ
head of the family. Law commence
with the patriarch who made IL 70
his family. II was then associates
with wisdom and old age, and ou
Populsts friends maintain, as a prect
dent, with whiskers. The chief mad
le WIS for the tribe, and the clan, an
the swarthy savage who welded tn
bigg est and longest club controlle
the suffrages OF his fellow clansme
and OF course became chief. 1t was q
this time that the modern politica
motto, THE longest pole knocks th
persimmons, originated The littl
tribe became . big tribe and was calle
a nation, and the chief became kinl
and he made laws as king. One bi
: king conquered several smaller one
and annexed their territory in tot;
disregard Of the Monroe doctrine, an
dubbed himself an emperor, And h
made laws as emporer, both with
divine copyright inscribed upon th
fly leaf Oligarchies and republics, o
the cooperative plan, went at it. Th
churches got interested in the proce'
and formed trust" with some OF I'll
other Lawmakers and took part Of th
burdens OF law-making-those
which there was the best pay-o
their hands. And 80 for 6,000 yea
the process OF law-making has bee