The evening times. [volume] (Grand Forks, N.D.) 1906-1914, 1906-08-30

dred statutes was challenged in the
court Of appeals. The dovetailing of
new legislation into existing law, and
the cost of constituting the possible
meaning Of legislature, also enters
into a considerable part of the an
nual ottput of twenty thousand deci-
sions rendered by appellate courts.
Many of these mushroom enactments
are permitted to slumber by common
consent. But this is dangerous, be-
cause, In such cases, offensive laws re-
main upon the statute books, and may
later be evoked for mischievous pur-
poses. The continual resort-nearly
always for spite, and in almost all the
older states-tO the sO-called blue
laws, never properly killed of, we'll
illustrates the perils which Turk in
the carrying of inert laws upon the
statute books.
In like manner there should be add
ed to the causes of over-legislation
already enumerated the Industrious
and persistent efforts of executive Of
f1cers to procure legislation which is
either agreeable to their parties or to
the ideas they represent as individuals.
1t was the fundamental idea of the
founders of our government that the
three branches of government should
be kept distinct, with certain well-de-
fined and understood differences. The
executive officer might recommend
legislation, but 1t was assumed that
any interference on his part to COM
mand 1t would not only be going be-
yond his power, but would also excite
resentment.
Now, however, this idea has gone
to the limbo of other beautiful, but
dead, ideals. An executive officer may
not only recommend, but is expected
to urge, and, If necessary, in order
to carry his point, to use the great
power of his Office to compel, the en-
actment of laws. He may call in the
. presiding officer and leading members
of the Legislative department of the
government of which he is the execu-
tive, and demand of them such legisla-
ton as he deems wise. and will be
considered justified If he distributes
or withholds his patronage for the
avowed purpose of inducing or forcing
legislation, If at the tir"" there is a
public sentiment IN favor OF such legis-
lation. Instances are, however, not
uncommon, in which such an official
will make short work of corrupt COM
binations to get public money, or of
bills intended to promote class inter-
ests. or of others whose simplest pur-
pose is theft or Misrepresentation
Legislative bodies, all the way from
congress to a village council. pass
bills dealing with their own employees,
with letter carriers or other classes of
officials, with departments and
bureaus, or with police and firemen,
with no other purpose than that of
putting the responsibility upon the
president, the governor or the mayor.
To the credit of the latter it must be
said that seldom is such a reliance
vain.
Within the narrow limits necessarily
observed in such an address as this
1t is only possible to indicate, on the
broadcast lines, the evils incident to
the system which makes it impossible
to remember that men have long been
under the government of law: that
mankind is moved everywhere pretty
much by the same impulses and in
fluences; 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 nature, casts off the useless; and
that each failing experiment, however
many times it may be tried, is still the
same impracticable movement wasting
valuable time and effort.
When we shall learn that legislative
bodies must be made up of medic
critics so long as quantity and not