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

lOu6ly from the previous e0OrtS made
by despots, benevolent or cruel, or by
Napoleonic of Russian imperial orders.
This tendency must, however. account
for much Of the tentative, Or, as 1t IL
sometimes called, experimental legis-
lation, enacted year after year. Even
the private and special laws fall easily
into this category. because. II 1t Is
possible to restrict the liberty of con-
tract or action of classes. It is certain
ly legitimate and inevitable to employ
the same method when dealing with
isolated. individual communities or
groups, or even interests. Once the
distinction between those rights pure
ly public, half public or wholly priv
ate. is lost, the circle rapidly enlarges
and becomes both complete and vlci-
Gus.
Legislation of this order is promoted
in many ways. One of the most eff
ficient agencies is popular clamor.
This may be produced by the demago-
gue5 whose interest 1t is to make the
part appear to be the whole. 1t may
be started by the robbery Of savings
bank, or by adulteration on the part
of some manufacturer, or dishonesty
by the head of a business corporation,
or In any one of hundred different
ways. Such an agitation will NATURAL
ly be encouraged by sensational news
papers, and by the oftentimes scarce
ly less sensational pulpit. AS it goes
on 1t gathers force until 1t passes in
to one or the other of the many forms
of that hysteria which demands moth
ing SO much as victim. In such
period the recurring session of legis-
lot To- Skr
ambitious or sympathetic governor
calls an extra session. Thus dozens
of useless laws are placed upon the
statute books, everyone of which
chokes the channels of justice.
Another fruitful source of legisla-
ton is the neglect or failure to en-
force existing laws. A lax public
sentiment, plus an incompeten execu-
tive, renders of no effect wholesome
law until the breaches of it become so
numerous and offensive thai. an arous-
ed and indignant public sentiment de-
mands relief. The result is often
demand for further legislation, be-
cause it is enormously assumed that
the wrong suffered by the public could
not have happened had the laws been
adequate for it's. protection. And
crop of new and unnecessary statutes
Is the Outcome-unnecessar because
all that is needed is rigid enforcement
of existing law. This has been demon
strated within the past year, when, in
the midst of the most hysterical de-
mands for new laws aiming at GER
tain offences, successful resort has
been had on large scale of existing
laws. The continuance of such efforts
will demonstrate the adequacy of the
laws when rigidly enforced, to put an
end to the practices which they were
intended to prevent, and at the same
time demonstrate anew the wisdom of
enacting only such laws as can be
enforced. and then to secure their en-
forcement.
In many cases the misdirected or ig-
norant zeal Of an executive officer is
responsible for many new and USE
less laws. Such an official-generally
with the elements in him of the agita-
tor, and often of the demagogue-has
been carried into office, after an hys-
terfcal canvass, under the promise to
prosecute certain kinds of accused
persons. One elected, he takes up his
work in the same spirit that had
characterized his electoral campaign.
He Tits against classes or individuals,
only to find that juries do not con-
vict, or that, If they do. courts will
not sustain. Then comes a new har-
vest of laws in order to justify or sup
plement the zeal of men who may be
honest, but who are wanting either in