The Mankato free press. [volume] (Mankato, Blue Earth County, Minn.) 1879-1924, 1903-02-27

PSAaSN e.iA.S, W SeshS q Sileii anu II
try and look it up.
Now, does any sane man believe it is
necessary to have such a conglomeration
of provisions as I have referred to, in
order that property may be properly tax
ed and such taxes collected? In order
to properly govern the banking business
of the state? In order to regulate the
elections? My own opinion is, that the
laws on all these branches could be boil
ed down to about one-fourth of their
fluffy would be lost. Then, if the one
fourth remaining, were clothed in good
Kings English, plainly and succincty
employed. the people, at large would know
the meaning of such laws.
/ shall at this place, give some, of the
reasons for the> great prolixity of many
of our laws, as well as for the faulty
uselessness of still others, of which 1
shall speak later on. The prolixity,
think, is usually due to the existence of
two certain classes of legislators-the ig-
there is no choice between the two. The
ignorant man, reads proposed bill, and
does not understand it,, and cannot sup
have to be added for his benefit, and to
get his vote. Then the over technical
legislator thinks he can see in the bill
a Niger in the fence. a flaw, verbal
--or perhaps too plain,-sees that there
may be a bare possibility that some jury
or judge, will, by the exercise of wise
measure not contemplated by. the trainers
of it. Or, he may conclude that the
measure as worded. is too plain and
means without the aid of the supreme
court So, to please him, further words
are added, and deeper gloom of ambig-
uity, uncertainty and verbosity settles
down over the measure. All this pre-
liminary skirmishing is usually done in
the committee room. When each mem
Der of the committe has injected into the
bill what he knows or does not know,
with a recommendation that it pass.
The clerk takes the bill, at the proper
time, CASUALLY about twice., and reads it
like a collect. that he has been familiar
with from infancy. Splits the words out
about three at a time, very few listen
ing, and very few caring. The presiding
the bill, 'fSuch win be considered the will
of the senate Cor house, unless objection
is made. If no one objects, (and they
usually do noD, the bill is sent to the
other branch where it goes through the
same performance, and becomes the law
of the land. This is the genealogy of the
ordinary statute. Some measures which
have something in them aside from
do some measures, like the tax or insur-
ance laws. But while such important
measures receive more attention from
the main body, and are not so swiftly
railroaded through, they are the meas
ures which most often and in greater
measure, receive the doctoring, revising
and additions to which I have referred
have used the term Ignorant legis-
lator." BY this appellation I do not nee
essarily mean person ignorant in the
general acceptation of the term; but a
person ignorant of proper principles and
methods of legislation. Legislators should
largely be men of bushes affairs and ex-
perience, whether professional. mercan-
tile agricultural. In word, they
should be taken from the list of men
whom it is next to impossible to get to
stand for legislative honors. In the large
cities, some. such men are usually. kept
in the legislative halls. Fit examples of
this element, were Senators Sanborn and
Wyman of Minneapolis, and Senators
Stevens and Morgan of st. Paul. Men who
ests Of the state generally, and of those
two cities particularly. The senate al
ways has more or less members of abil-
ity and integrity. coming from other
Our own county has furnished a fair av-
erage. But in the lower branch, are to
be found from the cities the ward healer
tricts, legislators are found who are
much better qualified to raise corn and
hogs than to make laws. Many. really
able men, who are in politics for the
loaves and fishes, are content with TAX
ing the well paying county Offices, giving
in return, the legislative offices to any
popular farmer or mechanic who can
SWluS d uoSlIdDle VI VOlSS N1dily
farmers have the ability to make good
legislators. Some few have the expert
ence required. But with farmers, as with
all other callings, those best fitted for the
position, are the hardest to get to ac-
cept the honor Especially under the
new primary law, which practically rules
out all but those who push themselves
for the position.
Passing to the great multiplicity of
statutory laws, their number is due large
ly to human vanity. We send couple
hundred men to the senate and house in
this state. They think they go there to
make laws, and as soon as the senate and
house are organized, and the committees
and pages are appointed and the other
the state house with introduced bills.
Some members hire other men to draw
bills for them. Many go to the attorney
general for that purpose. Many members
seem to think that their legislative rep
utations depend upon the number Of bills
they can pass, and that the more they
introduce. the more will stand some
ftade Of # Els IS little
wonder that many which ought to die
in committee.-which in fact, ought new
er to have been born, pull through and
come to grace the statute books. Many
worthless bills are passed by aid of the
votes of men who know they are not de-
sirable measures, but who vote for them
in in order to get the s,, votes Of Of the authors
ant to themselves and their constituents.
1 think however that our own state is
more fortunate in the matter of vicious
and useless legislation than many other
states. And my remarks on this subject
should not be construed as being con-
fined to Minnesota.
In addition to the general statutes of
our state, the legislature used to do a
land office business" in special legisla-
ton. Some legislator or some of his con-
stituents would imagine some particu-
Iarly locality needed a particular law
annIVinP nnlV tO such lnoalitV A hill
would be introduced and usually under
suspension of the rules, would pass Some
of those bills were for the purpose of re-
and others of a like vicious character.
The special laws of 1899. filed 1900 pages
of law book size. Those of 1884, filled
that special legislation had to be prohib-
tied by constitutional amendment. And
the state seems not to have materially
suffered from the loss of them. But that
prohibition added to the pressure to enact
general laws. The one good purpose
served by the special law being to act
as safety valve to the small but am
bilious legislator.
If we could have fewer sessions of the
legislature, and a session or two wholly
devoted to doctoring up lame laws and
repeating many others. (the inventive
outlet whatever). it would be good
thing for the suffering people.
was asked by a legal friend some
days ago, what 1 thought the present
legislature was going to do ventured
no guess. as, I have found it very diff
cult to find out what each session has
done, after the fact, before another ses-
sion comes on.
will call attention to but a few stat.
utory peculiarities, showing want of care.
Law of 1889 for changing county seat,
in Sec. 1, it is provided that the petition
for such change, shall contain names
equal to so per cent of the number of
votes cast at the last general election
vided that when such petition is filed
with the county auditor, if it contains
number of signatures Of legal votes equal
=