Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1907-08-27

| that our profession has contributed in
| large degree toward that liberal
measure Of justice which we as a
| PEOPLE enjoy today, / do not mean
| that the ideal has yet been reached,
Far from It. But we can say, that
many long steps toward ii have been
taken. since that period In Bnglnnd's
history when controversies were de-
| clded by wager of battel"
Moreover. We can claim, and that,
| TOO, without fear OF contradiction, that
| our peoples habits and customs bring
the common law much nearer to the
| IDEAL than the statutes made and pro-
| vided 80 plentifully. The reason for
| thls Is plain. The common law is ex-
| panded slowly and carefully by ju-
| diclal decisions based on q standard
| OF justice derived from the habits, Gus
toms and thoughts of a people. And
| lest the Judge at nisi prius may make
| a mistake appeal lis allowed to a
| court composed of a number of ex-
| perienced and learned judges. These
again have the assistance of the print
| ed or oral arguments of counsel or
both. And they, free from prejudice
and partisan bias, and animated by
that love or Justice which grows
stronger and more all-pervading with
It's daily mifistration, seek with dill
gence and earnestness the true rule
So far as 1t is given us to realize
an ideal method Of building the law of
| a people. we possess 1t.
LEGISLATORS FUNCTION.
The proper function of the legislator
| IS suppletory 10 that of the judge. He
should strive TO ascertain the grow
| ing but imperfect customs which
spring from the effort of people to
correct errors. and give to them the
dignity and force of law. This he Of
ten attempts to do, and frequently sue
ceeds. But the task of even the wise
Legislator Is beset With antiquities.
so many bills press upon his atten-
ton, that IL he had the wisdom of
solomon he could not master them in
one short session. Many such bials
are introduced by men who do not un-
derstand them, merely that they may
gain the applause of the thoughtless
or the envious. Others are strike bills
pressed in the hope of unlawful gain.
still others are presented from honest
motives, but with no appreciation that
their enactment with work injury.
while still more represent the effort OF
unframed legislators to enact into law
what they mistakenly conceive to be
the will OF the people
More mischevious still, as rule, are
the bills pressed for passage in the in
terests of a political organization. Fx-
few of the many bills of legislative
session are carefully considered by the
body as whole. Such consideration
as the average bill has is in commit
tee, and too often the majority of that
committee is influenced by party or
ganizatIon, or by the governor, or by
some other leader who sees In IL n
lpurty or fractional advantage And
its final enactment is secured by the
same influence that moved the major
ity 10 report II. In other words, sup
posed advantage, either for the party
or individual members of IT, is often
made the occasion for statutes which
otherwise would never appear on the
statute books. Thus IL happens that
every year many statutes are passed
which ought never to have been heard
of.
Every unnecessary and unwise stat
ute Is a blot upon the state escutcheon
ana a burden upon the public. This
fact is so well appreciated in son,e
states, that the Legislature is not per-
mitted TO meet every year. An illus
tration of the opinion of a LAWYER
upon whom as governor rested the re-
sponsibility of the exercise OF the veto
power as to many bills passed only this
year by the Legislature of the state OF
he vetoed 81, caused 1877 to be with
drawn, and permitted $50 to die
for lack of his signature. making a
total Of 49, bills which. after passage
through committees and both houses.
failed nevertheless TO become laws be-
cause OF the governors action. While
1t is true that some wholesome and
necessary statutes come out of such
conditions like those ] have outlined,
in more instances unnecessary or posi-
lively bad ones spring from them.
AIMS OF ASSOCIATION.
One of the ideals Of this association
is TO elevate the standard of statute
making, and to stimulate harmony In
legislation on the part of the several
states, for it is so provided by the
first and eighth articles of the consti-
tuition.
The first article declares the object
of our association to be ito advance
the science of jurisprudence, promote
the administration OF justice and uni
formity Of legislation throughout the
Union, uphold the honor of the pro-
fession of the law, and encourage cor
dial intercourse among the members
of the American bar" OF this state
ment of the purposes of the association,
Mr.. James c. Carter in his presidents
address happily said; 1T recognizes
the fact that though we are citizens
of different states in some degree SOW
ereign we are yet one people, one i'm
mense human society with common
interests, com non hopes and common
destiny; that Itnong the several con-
Germs OF that. as OF every society," are
its jurisprudence and legislation; that
that great interest Is. In large degree,
under the care and control of the MEM
bers of the legal profession: that It is
their duty to reduce II to a science, to
develop its usefulness, to simplify IL
into uniformity. to correct any evil
tendencies which may beset Il, and to
these ends uphold the honor of the
profession and inspire it's members with
a Just conception of their high office"
The eighth article devolves upon the
president the duty to communicate In
the address with which he is charged
TO open each annual meeting. "the most
noteworthy changes In statute law ana
points OF general interest made In the
several states and by Congress during
the preceding year"
The length of the sessions Of sew
eral state legislatures, and the delay
simply impossible TO perform the task
as thoroughly as II otherwise would
have been done In some instances II
became necessary at n late hour to ask
Tor copies Of acts deemed the most
notable in order TO make as full
presentation as the conditions would
admit. The result shows a degree OF
legislative activity hitherto unsur.
passed. Nor is It surprising that II
is So
For n goodly number OF years our
people enjoyed great prosperity. Near
~ every individual and certainly every
calling has participated In IL In some
degree Opportunities for improve