The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1906-08-29

subjects that do not properly belong
to the function of legislation. The
charge has some foundation; and there
are notable instances where great harm
has been done by the ignorant zeal of
legislators who are determined to do
something, without clearly understand
ing what. But it is hardly fair to COM
plain that there is too much legislation
while modern life continues to rush
along with ever increasing velocity
into new conditions and situations
which invite, and even demand legisla-
tive attention. When the pace is
slackened, and we have returned to a
more moderate and eouable motion
if that day ever comes=the objection
to over legislation can be urged with
more reason, and more hope of success.
1t is significant, perhaps ominous,
evidence of the changes in the popular
idea of the legislative function. SO APP
parent everywhere, to note the vastly
increased range of subjects with which
our statutes now deal They are be-
coming largely-too largely, think
merely administrative and regulative;
establishing rules for the direction and
control of business activities, drawing
lines of separation between that which
is, and always was permissible, and
that which shall no longer be so;
establishing boards and commissions;
and providing for a scrutiny which,
more and more, prizes into affairs that
once were supposed to pertain exclu-
sively to the individual primarily in
terested. All this is more or less irri-
tating, for the shrinking, or rather
the shrinking process involved in 1t,
hurts.
But. gentlemen. the legislation of to-
day is begotten by the things of today.
Wisdom does not cling to old methods
of dealing with a. subject, when the
subject itself has entirely changed;
when new elements have entered Into
it and new conditions arisen. And it
/ fe n hot "a n
go on with its ever increasing cOmplexi-
ty, and legislators be dumb and silent.
Steam and electricity applied to me-
chanical agencies have brought about,
and are daily bringing about, new re-
lationships and new conditions. They
have almost made the age automatic.
On our great highways of commerce.
the patient horse has given way to the
more patient beast of iron, whose bones
and muscles neither ache nor grow
weary In every factory, fingers Of
steel and BRASS with unerring swift
ness, perform the task which the over
worked operative once found SO irksome
to nerve and sfnew. Almost daily some
new wonder dawns upon the world, and
instantly the practical mind is seeking
to apply it to the purposes OF business,
or trade, or traffic All this produces
changed circumstances and with than
arise new questions of right, duty and
obligation. Modern legislation must
deal, as best it may with the novel IN
/ l1leO situations Notwithstanding IN the
wake of this Intellectual activity-have
come into existence. Take, for illustra-
ton, the neteoric rise of the autoEto-
bile as vehicle of use and pleasure
It is hardly too much to say it has adj
ded a new terror to existence; and it IS
not strange that in every state, and in
every city, and in secluded rural COM
munities the legislative authority ..as
asserted its right to deal with the sui,
| ject. If the balloon should become a
practicable means of transportation for
passenger is the dream of many
scientific students-would not the pub
lie interest inperatively demand suit
able legal enactments to meet the new
| conditions? And, would not the fact,
! that. at it's best. it is q highly danger
Gus mode of transit, increase the duty
of legislators in this respect? gentle
men, we might as well understand that
we shall never be permitted to carry
! passengers in airShips without having
some legislation on the subject; and it
/ is highly probable that when that day
CONES. there will be more legislation
than is good, either for aerial navigatUrs
or for the public at large. This is a
mere illustration, but it aptly shows
/ how the passion for legislation IS slim
ulated. When legislators are consider
| ing a subject with which they may
rightfully deal, the temptation is strong
upon them to go farther than is neces-
sary, or proper. but this is simply an
infirmity Of human nature. 1t may be
modified by the influences of intelligence
and wisdom, but it cannot be entirely
/ eradicated Let US remember too, that
meddlesome legislation is not q new
/ phenomenon In the days of the Tudors
and the Stuarts the English parliament
passed laws that no legislative body
would now dare to enact in any consti-
! tiOnal government on earth. Curiously
enough, our ancestors of Puritan New
| England, to whom we are always turn
/ ing as models, were unSpaTing in their
regulation Of everything, from the APP
/ al Of md IAN r. fhp
Of provisions, wool, grain and peltries.
The Plymouth colony, the New Haven
colony, the Connecticut colony felt the
full weight of Puritan government and
that it is still pointed to as the climax
| of unreasonable severity. And that was
4 in an age of little wealth and with lao
| diversity of Industry beyond agriculture.
/ fishes and lumber. They lived the
| simple life but they regulated it to
! the uttermost. We are all familiar
with the reaction that came in the last
! century against OVer-legiSIa ton, under
/ philosophical thinkers, and later, OF
Mil and Spencer and their followers.
Isaissez faire had its disciples, and still
has but I think it is plain that the
pendulum is swinging back again; GER
tainly it is in this country. Statesmen
of all parties are Fastening to the refuge
of paternalism and, as is usual in times
of fear and stress. are OVERRIDING it. The
ern civilization has attained, If it does
not afford a sound reason for increased
legislation upon all subjects. certainly
furnishes a convenient pretext for Il.
In the summary of legislation which
Is communicated to the association from
year to year. there are many statutes
which might well have been omitted
from consideration by the legislatures
that passed them OF all the bills intro
duced in any legislative body. a com
DaraffveIv small percentage survive The
gestatory period and become living
enactments; and of these. but few ever
really enter into the life of the COM
munity. Some are weak and anaemiC
from the first, and hasten to their death
by repeal as soon as the next legis-
Iature gets its opportunity. Others are
amended or modified and a few are de-
Il clared unconstitutionaI: but some re.