The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1906-07-10

this way 4 believe safislaciofy legis-
lttffc work would BE- secured. and in
this way the legislative bsaneh - .s.ur
government would be r,ised to high
plane Of Intelligence. honesty and use-
fuleas
or course. other members aud COM
mittecs Woul oner out and out new
bills substitutes and amendments dur
Ing the sessions Of the assembly: and
these in like manner as those previously
prepared by the permanent committee
should be printed and filed IN the offices
OF the county clerks at the earliest pras-
ticablc moment. but there IS every reas-
on 10 think the permarei, committee
would present bills covering almost "
not quite, every proper subject FOR the
consideration Of each assembly. and.
e out and out rev bills substitutes and
amendments shou,S be presented their
authors. other members and the people
in general would be intellectually aided
by the bills previously prepared by the
permanent committee
Besides the suggested services Of a
permanent committee. Il would be no
mistake 10 make &c the duty Of the at
torney general to render certain legal
SERVICES in aid OF the assembly. as TO
require him to be furnished with copies
OF bills. etc. and 10 examine aud report
az 10 the Interpretation. effect. anS vail
idity Of the same. During the LaFol-
lette administration in Wisconsin. as !
am Informed special assistants TO the
attorney general. who were prepared in
advance for the work were assigned TO
duty as legal advisers and helpers Of the
legislative assembly during all the time
Of its sessions, with good results TO the
people; and. no matter how able may
be the lawyer members Of the assembly
such assistance is needed. as members
are not so well situated TO DO such work.
/ further suggest that the constitu-
tional convention should prohibit the
use OF executive powers to influence
members Of the legislature. except by
public messages and. also, th~ . ,le
made a punishable and impeachable Of
ferse for a member OF the assembly to
offer, promise or agree to support or
vote for or against any bill In consid-
Grafton Of the support or vote of any
other member for any other bill. or TO
enter into any character Of legisl9' 'Jve
trade or 10 resort to any form OK s-
OF course, / hope to see the mechan-
ism, or organism OF the state govern
ment as inexpensive as is consistent
with good government: but almost any
plan that will insure the enactment Of
good wholesome laws by the assembly
will be less expensive than the bad leg
islation we may confidently expect from
any assembly constituted and working
as we have seen in our own Territory
and our sister states.
/ assume that the dogma that the
legislative. executive and judicial pow
ers Of government should be Kept sep
arate and distinct q dogma first brought
TO the attention OF political thinkers by
Montesquieu. and first given precise
form in America by George Mason in
his draft Of the Virginia Declaration OF
Rights In 1876. will be imbedded in our
constitution a. some form; but this
should not be done by any express dec
larl,ion to that effect, as the line of
demarkation will sufficiently appear. for
practical purposes from the powers given
these several departments OF the state
governments; and all experience has
shown that il is not practicable to keep
the powers OF these departments abso-
lutely separate and distinct
Montesquieu got his idea OF the sep
arate existence of the legislative. ex-
ecutive and judicial powers af the gov
ernment from the English constitution;
but Madison, who was careful to ex-
plain that 1t was Incorporated in our
federal constitution only I'm the modified
from In which Moutesquieu had ex-
pounded IL pointed out the failacy Of the
theory IN the following language; "On
the slightest view OF the British con-
stitutiOn we must perceive that the leg
islative. executive and judiciary depart
ments are by no means totally separate
and distinct from each other II we
look into the constitutions OF the several
states we find that Notwithstanding
the emphatical ana in some instances,
unqualified terms in which the axiom
has been laid down. there is not a single
instance IN which the several depart
ments Of power have been kept abso-
lutely separate and distinct"
our constitution should avoid any
pretense OF making these powers any
more or less separate and distinct than
Il Is practicable TO do; and while II
should guard against danger Of en-
croachment OF the judicial upon the
other departments. especially the leg
islative. each department OF power
should have sufficient latitude TO enable
II to properly perform its functions.
i suggest the foregoing for the thought
Of thinkers.
Very respectfully.
CHAs NJ. THACKER.