The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1906-08-31
Tried Countless Times.

IrtcO COunIieSS I INES.
Within the narrow limits necessarily OBJ
served in such an address as this ii is only
possible to Indicate, on the broadest lines.
the evils incident to the system which
makes ii impossible to remember that
men have long been under the government
of law; that mankind is moved every
where pretty much by the same impulses
and influences; that in the course of the
ages concerning which history has left us
a record, nearly every legal device has
been tried: that, in general. man. like ma
ture casts off the useless: and that each
failing experiment, however many times
il may be tried, is still the same imprac-
ticable movement wasting valuable time
and effort.
When we shall learn that legislative
bodies must be made up of mediocrities
so long as quantity and not quality of
laws is regarded as the essential requisite;
when some of the temptation to legislate
shah be removed by less frequent meet
ings of such bodies; when trained official
craftsmen shall be employed to give the
necessary laws legal and literary form;
when executives are forbidden. rather
than encouraged, by public sentiment to
interfere with the orderly course of law
maxim g-when these simple steps are Ia
ken il will be permissible to look for
ward with hope TO the times when hys-
terra blackmaA. partiSanShip. personal
ambitions and selfish interests will not
add ten new laws to the statute books
history the safeguards of the law have
been thrown around life and property. AS
and carefully tested. men have been able
to progress. to command a constantly
spreading freedom and to promote CiVili-
zation. In the future, as in the past. the
law must recognize what has been done;
it must look forward continually to the
protection of men from violence and
anarchy, and their property from spOlia-
ton. This can best be done by having few
and just laws. and by grounding them
upon principles and doctrines which have
commended themselves to mankind.
The So-CaIIed Strong Man.
If the i'll effects of idle and mischievous
over-legiSlatlon manifested themselves
only in the belittled character of our law
making bodies, the result would still be
deploTable. But they are most apparent
in the attitude of a people which, starting
at its own shadows, comes to depend more
and more upon the SO-called strong man;
in that dissatisfaction with courts because
they find temporarily popular legislation
either unconstitutional or unavoidable
along the lines desired; in the opportuni-
ties afforded to the shallow agitator, the
dangerous revolutionist or the opulent
demagogue; and in that inability to think
sensibly and to act with decision in mat
! ters of grave Importance having to do
with the maintenance of our popular in
! situations in their pristine purity. These
are the vital matters-those which really
cOunt-in the making and the maintenance
of national character, in the creation of
that respect for law which is always the
sheet anchor of great people. and in
/
of waiting with patience for the slow and
sure victory which comes with devotion
to fixed principles and policies.
Volumes of New Law.
With more than $1,000 pages of new
laws added to the statute books each
year, it is apparent, if the suggestions
SO far made be well founded, that relief
is absolutely necessary.
During the years between 1899 and 1906
England's parliament, legislating for the
needs Of 100000 of home population.
and millions of dependents, passed an
average of only 46 general and 246 special
laws-the number of the latter being
swelled by the necessity for granting
franchises for railways and charter
amendments for cities One of the po-
tent elements in the working out of this
to us most astonishing result, has been
the presence of salaried Graftsman-a
lawyer of high repute, well paid for his
services-whose duty Ii is not only to
study the phraseology of proposed laws.
but also make a thorough examination
of existing legislation, for the benefit Of
parliament and it's committees The pub
licity of all committee hearings and the
report of their proceedings in the press
have also contributed much to promote
this result.
While our complicated system of local
government will account for a consider
able part of our vast volume of legisla-
ton. the greater part Of it is due to cauS-
es such as | have suggested
Now. it is clear that a cure is needed,
and while, of necessity, it must be grad
ual, il must at the same time be drastic.
But as is usual and natural in all such
cases, not only the initiative, but also
much of the effective work toward the
accomplishment of that end. must come
from the great body of American law
yers- Their training. ability and patriot
ism have cast upon them such tasks
from the beginnings of our government to
this day. This record in the past JUS
titles the confidence that they will not
fail their country in the future.
Duty of Bar Association.
In this matter a systematic movement
should be entered upon by the Bar asso-
Citations of the country. from the greatest
TO the smallest, having for one of its OBJ
iects the education of the public mind to
the point where IL will understand its
need and demand it. In such a movement
] believe the press would earnestly join.
for the great majority of the men who
conduct that mighty engine OF power in
this country, are high-mnded and patri-
otto. having the public welfare always at
heart.
The duty of the lawyer in the premises
Is imperative. for he understands the dan
gers better than anyane else His daily
work enables him - appreciate in large