Okolona messenger. (Okolona, Miss.) 1900-current, 1902-08-13


iHXA II of the legislature. This change has
SATT UT not been peculiar to any of our
kA ~ public institutions, but has been
- fZSQI marked alike in municipalities
- states and nation. The provinces
Of the city council, the state legislature ana the con
gress have been gradually encrOached upon, until
the limits Of their authority become much narrowed
Nor have these eucrOachments usually had the CHAR
acter Of usurpations. Most Of them have been CON-
mitted with the assent or direct sanction OF the peO
ple What seems more strange, they have seldom
been resisted by the law makers themselves.
In the history of the United States the legislature
was not only potent, but almost OmnipOtent. This
was probably due to circumstances preceding ana
attending the nation birth All except one OF Che
colonial governors, who, to the people OF the colon
les directly represented the executive authority OF
the English crown, turned against them In the
struoge for their rights Their legislative assem-
bes and the continental congress took mp the reins
of power and under their direction the KeVoluuOn'
ary war was carried to a successful conclusion IL
was characteristic Of the people and the time that
subsequently most of the governors, ana even the
Judges. were elected by the legislatures and were
more or less directly amenable to them and only
indirectly to the people
The semi-anarchy that fell the country after the
close of the war awakened Just sense of the desra
bilitv of division Of power The federal constitu-
tion withdrew from the national congress many oil
the prerOgatives it had had and vested them In the
federal executive and judiciary. conventions OF the
states mOQeloO UQ6lE COuSUiJuIAOHS
of the federal government, restricting their eglsa
tures within more crcumscribed boundaries and CIV
ing the governors and courts greater independence
and power These we're the first steps in that down
ward course which the American legislature HAS
been following ever since.
r. wonld he imDossible to trace all the causes
which have tended to strengthen the executive and
the judiciary at the expense OF the legislature 1he
most potent cause probably has been the lneompe-
tency unWieldiness and venality OF many Legislative
~ ,AoIv thon IRIS nd
The people have transferred authority to the latter
because they have found the former are less likely
to use it wisely. One man or few men occupying
a acOnspicuous position of trust and responsibility
have their individual acts more closely scrutlnizeo
than hundred men occupying similar pOslOlOn
They have therefore, both more to fear from detec
tiOn II they do wrong and more to hope from public
favor Il they do right.
Bnt whatever may be the cause OF it, evidences
Of the decline Of the Legislature are abundant Inc
power Of the President OF the United States s great
er now than it ever was before. 1t was the IN
doubted intention of trainers Of the constitution thai
his prerogatives as lawmakeT should be confined
to the Recommendation OF such measures as ne con
sidered neediul and the veto Of such as ne tnough
harmful The first president greatly TO OYersCeI
these bounds was Jackson. he considered hlmseI
the direct Representative Of the people, and, disre
garding the fact that the presidents preeriDeC
duties are almost entirely Of an executive character
hehulief congress into passing such laws as he de
mics representatives and senator's who resisted hl
tressDasses on their constitutional preserves H'
also introduced the use Of the spoils system as
weapon to compel congress to 90 the executive DID
ding. Later presidents have followed bis example
In this way the president besides being the chic
executive, has become the principal laFmaker,
The decline OF legislative power is not formal!
recognized by the federal constitution. 10 is bl
MANY OF the state constitutions. In many state
functions formerly belonging to the legislature
have been transferred TO boards specially creates
for the purpose and appointe by the governor
The constitutions Of others have been greatly length
ened by express stipulatOns to what the legisls
lures shall and shall not DO. In this way, the pre-
negatives of the courts increased; for every ad
ditOnal command or prohibition IN constltutlO
is an additional ground upon which the courts ca
invalidate bad laws A recent illustration OF tn
exercise of this power is furnished by Ohio. In
supreme court Of that state has declared uncopsltr
tional 50 many laws passed by the legislature at Il
last session that it has become necessary 70 call
extra session.
How much more, if any, Of their prerogatiyes th
Legislatures will have to surrender can only De COZ
iectured Many think they see in the tendency
this direction an element Of grave danger to Il
country. It certainly is desirable that more pc
feet balance between the different departments
government should be maintained
The cost Of living has been greater in the Unite
States during the last year than In many years D
FORE A rise Of prices invariably accompanies
restoration OF business confidence and prosperl
after prolonged period Of depression. The prl