The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1906-07-24


lished hy the multitude of learned report q
that have been submitted TO 0e various
/ Bar nss0ciatlns and that Your commii-
tee is poweriess TO accomplish re-
, formation Of the difficulty bv merely
pointing out The MANY mieiaEc ana
. bunders thnt have been made by legis-
laitNe bodies IN this territory and else
where Such reports rarely 81 ever
reach any considerable number Of the
members OF legislative body. and even
if they were generally distributed among
the members Of such bodies. a learned
analysis OF the science OF jurisarudcncc
would convey about ms much meaning
TO the average membes OF legislature
as a canal boat mule could extract from
q Chinese alphabet. Besides this any
thing like scientific explanation and
detailed remedy Of the vast multitude
Of difficulties OF the nature indicated
would make q volume much larger than
the ordinary law book and would Incur
an expense OF time and money entirely
beyond the reach OF your committee. n
All existing difficulties could be UNDER
stood and corrected by body of lcgis-
lators. which Is entirely impossible, the
source OF all trouble would inevitably
b HANNh't iiNlt AiNNntt ~ Ailf NNiht Nilii~
acter and we would speedily sink to
our former J vel But II existing dlffl-
culties could even bc materially lessen
ed by an appeal ia the usual form 10 an
ordinary legislative body. the prospect
might ju-tify entering upon the labor
but Il is the opinion of your committee
that the only good that can be accom-
plishcd in the matter OF scientific legisla-
tion and law reform, is TO suggest "A
remedy for the source Of the cvu from
which we now suffer
AS general rule but few men iearned
in the law are selected as members Of
any particular legislative body, aud It is
neither practicable or possible to have
body Of law makers all OF whom arc
familiar with the science with which
they are to deal. Our form OF govern
ment practically forbids such thing.
and wisely so, because there are so many
different interests Affected by the laws
that these Interested are given right
OF representation. and back OF this is
the general interests Of the public at
larg" which, according TO the popular
prejudice at large, cannot be wholly rep
resented by lawyers
Under our ~ tenn but few lawyers
can afford to neglect their business and
donate their time TO the n-uitless at
tempt TO make laws IN accordance with
scientihc rules. against the unreasonable
distractions placed In his way by the
supposed champions Of the people who
demand no bill shall be passed that has
the approval Of any lawyer, and at least
until "a few sections are stricken out and
| the balance amended Here the busy
| member who IS always on his feet when
| there is reasonably god crowd Ia the
| galleries. has a chance TO get IN his
' work lie is for the people" as
against the lawyers and city felers''
and he would not consider that he was
making any mark In the legislature II
the daily papers and Journals Of the
house did not show that he submitted at
least one amendment TO every section
Of every bin that was presented.
Such fellows cannot be restrained BY
The brains and learning OF the house be-
cause the advocates OF the bill presented
can be accused of interest, prejudice
or sectionalgm. The attention OF the
attorney general is rarely called TO legis-
lation until a bill is passed and Il re-
mains question whether II should be
/ hHlAWNfu Ni NtANtu DN Allt kWNtil0ii
The suggestion that tie lawyers OF the
body are Interested In the bin from other
reasons than merely to see good legls-
lation may be well iaded and other
awyera, not members, m~y also be em-
ployed TO assist IN procuring the object
aimed IL. The representative of the peo-
pie may be a sincere and honest one
and II be knew or could be honestly ad-
vised as TO the proper course 20 pur-
sue. a great injustice might be pre-
yented, but his attempt 20 prevent an in
justice may result IN making the bill
much more unjust than II was in the
first place. merely because the member
does not know the legal or scientific
meaning Of the provisions OF the bill
or the effect OF the language suggested
by himself, when tested by the rEAes OF
statutory construction and tempered by
contact with other rt1tutory provisions
with which Il must be harmuized ant
construed.
\ After session OF sixty days ana aftei
many members have accumulated enougi
information 10 be Of some practical he'll
TO tie few members who know some
thing Of the work Of legislation IN th'
beginning, the body adjourns, and whe.
81 ddiourns II dissolycs and the accumu
lated knowledge scattors aud ~ lost q
the next body that viii assemble in th
same manner TO go on with the work %
making blunders I'm the same way.
Hundreds OF examples might be sus
Iscstod of the absuditics and lncorsis
tencies 90 oui statutes ana there la pro
badly not member of the bar of th
territory who would not point out
score or more of such examples. but 5
would De- lmpncticablo in this pape
10 So into detau in explanation OF
state Of facts SO universally understood
We viii refer 10 few examples how
ever hy WY OF suggestion that n wom
be- impossible for the Hyc.usc membe
OF q legislature 90 either discover com
psehend after discovery r work on
any logicai or practical cu for the dif
lnculties indicated
10 would probably reQaire but fe'
words 90 bring before the mind Of ever
, member Of this association the enormou
, Inconvenience expense. atI delay
court proceedings occasio by on
statutes on the subject Rand an
petit Jurors. a careful imhnlon q
these statutes viii readily convince "a
! legal mind that the purp 10 aimed a
. Was "a most excellent one nd that th
Z genersi plan Of It's execution was pral
hcable. ana those familiar with The hls
, tory Of the law knOw that the bnl "a
originally presented 10 tbe legislatur
J was simple ard effectual The 9urpos