New-York tribune., 1902-03-27
FORGOTTEN LAWS.

Somebody called attention few days ago
to the existence of a law requiring a school
census, which has not been obeyed in this
city for years The discovery created some
little surprise. but ii need not have done
There probably as many finds in the nature
of forgotten statutes waiting for the digging of
the legal archROlocst in this city as there
vases and coins buried in the ruins of Greece
and Egypt SO thick falls the dust Of Oblivion
that statute needs only to be lost sight of for
an instant with a change of officials, or because,
like the census law. IL calls for only periodic ac
tivity. to be so forgotten that nothing but
chance will bring it to light again. We believe,
for instance, that there is on the statute book
n mandatory act requiring the city 10 build
such free public baths the Health Depart
ment may make requisition for, but ii seems to
have been, like the school census law, forgot
ten. for philanthrupic workers have lately been
actively discussing ways and means Of secur-
ing more baths and canvassng the wisdom of
getting new laws passed 10 establish them If
they will dig little in the archives they may
find all the law required for the accomplish
ment of their purpose.
The trouble seems to be that nobody takes
laws very seriously. least of all the lawmakers.
1t is not much to be wondered at Laws are
so many and are constantly changing that
even the lawyers do not know what they are.
AS for the police, they make no attempt to re
member any but the chief criminal laws. There
is talk about failure rigidly TO enforce the ex-
else law, and the duty of Colonel Partridge to
take summary measures to discipline his un-
faithful captains. The excise law is less
respected than a hundred others 1t is against
the law to send noisy wagons through the
streets, but no policeman ever dreams Of inter
fering with a wagon which goes changing about
with unwrapped steel beams Probably no po-
Iiceman knows there is a law on the subject.
Policemen all know that there is law against
splitting, but they have evidently forgotten that
it applies to bridge and elevated platforms, for
not only do they fail to arrest violators Of il
there, but may frequently be seen violating 1t
themselves. II is no wonder that old laws are
forgotten when public officials discuss new
laws without any comprehension of their pro
visions. 1t took years for the Tammany ad-
ministration to find out what the Rapid Transit
act meant not because OF its obscurity, for II
is a remarkably clear and comprehensive in
strument. but because the officers never really
studied il. Consequently. time and again in
the last four years they were brought up with
sharp turn when any cf them, from Mayor
to Street Commissioner, tried 10 Interfere with
the tunnel work or hold up the contractor.
We suppose that if any city or State gov
I
picked out all unrepealed laws and ordinances
and strictly enforced them II would provoke a
revolution. Laws are passed To meet some
temporary sentiment, enforced with more or
less efficiency till the craze Is over, ana then
10 more attention Is paid to them. Times may
so change that enforcement of the old law
would be ridiculous, but It remains in It's ohso-
leteness an excuse for laXness in all law en-
forcement. The time is coming when the peo-
pie of this State will need 10 take the sys-
tematzatiOn of government seriously in hand.
Governor OdelI has done something in this di-
rectOn, probably all that public opinion Is yet
prepared for but much more is needed. We
have layer on layer of officials with forgotten
powers. and statutes with forgotten meanings,
and still more are called for. may be seen
each year in the number Of bills vetoed by the
Governor for the sole reason that existing law
serves every purpose which they would ac-
complish. Executive and lawmaking officials
| in general ought really to devote more atten-
| ton TO finding out what the laws that they
! are expected TO enforce or are planning TO
| amend.