The San Francisco call., 1899-09-06
EXCESSIVE AND VICIOUS LEGISLA-
TON.
ENATOR MANDERSON,

G ENATOR MANDERSON, in giving a review
OF the legislation OF the past year, in the course
- OF his address at the recent meeting OF the
American Bar Association, summed up the results of
the work of the State Legislatures in this statement:
Il doubt in any twelve months since the foundation
of our State governments has there been much
legislation. Forty-one OF the States and Territories
have held legislative sessions In OF the States
the session laws for 1900 fill 1000 pages, and the
average number OF pages is much over 500 The
quality is not sufficient warrant for the quantity, and
If il be true that the country is governed best which
is governed least then indeed OF the States
in a sorry plight A critical examination OF these laws
will not only force the conclusion that we are gov
erned too much but the character OF much OF the
legislation with its sociastic tendency destruction
OF individuality, interference with personal liberty,
encroachment upon property rights, making of the
State not only fostering father but nursing
mother will alright every true lover of liberty.
There is of course a rhetorical exaggeration in tire
statement that the legislation of the year will alright
every true lover OF liberty. 1t is we'll understood by
intelligent men that the vicious harmful legisla-
ton upon the statute books OF the various States is
the result OF careessness of ignorance rather than
of any deliberate attempt to interfere with liberty or
to niure property. AS a statute is found 20
be bad public opinion against it, and is either
repealed at the next session or left unenforced.
There is nothing to alright patriots in our laws,
but there is great deal that nereres with business
prevents progress checks development, disturbs in
dustry and engenders discomfort There is moreover
good deal OF it that tends to incline the thoughtess
into the belief that the ills OF civilization the evils
resulting from individual deficiencies, can be rene
died by statute Thus one bad law, though it be
promptly repealed leads to the enactment of another
Just about bad and pass from folly to
another with each successive Legislature.
1t will be easy to eliminate these offenses Of
legislation from Our governmental system. Where
popular government prevails the statute books must
necessarily reflect the opinions of the dominant ele
men in politics. The majority of elected to our
State Legislatures not fitted for the task of deal
ing with the complex problems of modern statecraft
and yet they have hesitation in undertaking to do
So Thus have every year a sort of jungle Of
statutes through which the courts have to clear way
for business
The only remedy for the evil is that of ridding the
popular mind Of its regarding the scope and
the possibilities of legislation When the voters are
no longer subject to the promises of agitators, dema
gOgues visionary reormers and others of that class
when they elect legislators none but of high
order of sagacity and broad knowledge of the
limitations well the effectiveness OF legislation,
shall have fewer laws and better In the
meantime we must get along as best Ameri-
can common sense makes short work Of silly laws and
in all the confusion OF the statutes while there is much
to annoy there is nothing to righten true lover OF
liberty.