The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1903-01-28
THE SILLY OLD LAWS.
Cites Many Which We're in
Force in England.
Lawyers Want Change in Bar
Admission Rules.

Justice of that state, addressed LIe state
Bar association in the supreme court
room last night
Judge Clark is for new laws, made for
new people. Judge Clark is a disciple
OF progress. His veneration for the CON
stitution, that work Of art which is
rapidly becoming a legend, does not
prevent him from seeing where it could
be modernized and remodelled. He ad-
mits that the laws laid down in the
great constitution were perfect-when
they were made-but insists that one Of
the wisest provisions made was the
enc which allowed amendments
Judge Clark began his speech by
throwing a few boutonnieres at Kansas,
as a return date for the introduction de-
uvered by Judge b f. Milton of Dodge
City. chairman The AID Astra quar-
tette was not present to furnish the mu-
steal feature of the programme, owing
to the illness of one of the members, 50
aside from the brief Introduction OF
Judge Milton. the speech by Judge
Clark was the entire programme.
Judge Clark read his speech from
manuscript. pausing occasionally to
wave his glasses and throw IN a lew
remarks OF original wit for good meas
ure. A little over an hour was con-
sumed by the learned judge in max
ing assertions and then proving them
in his pleasant and original manner
and showing the steady advances being
made in the legal profession as well as
the medical. surgical and dOctrinal
Judge Clark is a painstal1ing and
careful speaker. His subjects are
classified, thoroughly gone over, and
then left for something else. Most of
his time was given to trying to show
that laws should keep up with the
times. Speaking of the time honored
mn ion If no he
said:
1T has become antiquated and in
many respects unsuitable for the de-
mands of the present day. If the con
stitution of 1857 had been admira bic
in all respects and altogether perfect
when adopted the immense changes IN
population, in territory in public con-
ditions and in the needs Of this genera
ton would make it i'll adapted in some
respects for our purposes today
There is a wide difference between
the Union which the makers of the
constitution intended to be perpetual
and the constitution itself, which pro
vided for its own amendment either by
congressional action or the call of a
constitutional convention, thus rec0S-
nizing its own imperfecuons and that
the progress of time would necesSitate
unknown changes
Then Judge Clark went further to ex-
plain why ever-changing circumstances
called for new laws.
adopted at Philadelphia we had three
millions of people scattered along the
Atlantic slope. We are now trying To
make it do duty for eighty millions from
Florida to Alaska. from Maine to Call
fornia-
but there are radical changes which
have been made therein by the silent
pressure Of public opinion without aid
from congress or the courts. When the
federal constitution was adopted, Of the
three departments, legislative, executive
and judicial, direct control was given to
the people of only Cne-sixth of the gov
eminent to wit. One-half of the legisla-
ture. Cor the lower house of congress
was the only body chosen by the people
The senate was made elective at second
hand through the state legislatures, the
executive was to be chosen at second
hand through a body of electors selected
Tor that purpose, and it was contem-
plated that In fact the executive Should
be chosen at third hand. as the electors
were originally elected by the state leg.
islatures, and the judiciary and cabinet
officers We're selected at fourth hand b.
the executive subject to ratification by
the senate. The government was thus
removed from the direct action Of pub
lie opinion as far as could possibly OF
the case in a republic
"A constitutional amendment to give
the election of United States senators
directly to the people and to dispense
tors has repeatedly passed the lower
house of congress- but it's inevitable
passage has been so far defeated bl
what might be termed the indecent anC
defiant disregard of public sentiment by
the senate itself.
In another respect the constitution
has been amended In the beginning
when there were only rs pOstmasters +
was contemplated and the constitution
required that they should be appointe
by the president or head of the depart
ment. With more than a THOUSAND
times that number of Dostmasters thf
has become impossible. Postmasters ar
now selected i'm a manner not authoriz
ed by that instrument. In practice the
are necessarily selected by the member
of congress or by political bosses. Elk
cept in rare instances the president an
the postmaster general can do no NOR
than take the recommendation of tn
members from the district or other lead
ing politician of their party As tn
constitutional provision is practically
dead letter there is no reason why b.
amendment to the constitution the post
masters should not be chosen by tn
districts laid off around their respectiv
postofices at the same time and in tn
same manner that members of congress
are elected
The Judge then proceeded to perforr
surgical operation on some of tn
ancient laws. showing them up in thei
true hght, and also showing how the
endured on the statute books man
years after public sentiment forbad
their execution.
Probably the most succinct metho
I'm which TO indicate not only the pros
ress but the almost complete revolution
which has tal-en place in the law is
compare the status Of the law on a fe
we'll known subjects in England toda
with what it was 100 years ago in ths
country, for in our forty-five states ar
our territories we have in the maj
made similar changes, SOM tfnes antfc
pating and sometimes following IL
legal reforms. as made from time
time in the mother country First as
the criminal law. Tn the year 1900 thei
were more than 200 crimes in Englan
which were punishable with death.
which more than twO-thirds had bee
made capital offenses during the eigl
teenth century. Nearly all felonies we