New-York tribune., 1908-01-25
AID FOR LAWMAKERS
ADVICE FROM Mr.. BRYCE.
Legislative Problems NOzU Too Com.
pIicated, Says ambassador.

| country, in an address at Carnegie Hall last
| night declared that present day legislation was
| too heavy to be handled by legislatures as now
constituted. and that many legislative problems
/ were beyond the ability of the average legis-
] lator. These problems. he declared could be
mastered only by men with special knowledge
| He said there wassa need for some organized
system of gathering and examining materials
for legislation, that difficult problems might be
| handled scientifically.
! Mr.. Bryce who was introduced by Joseph H
| Choate spoke on Methods and Conditions OF
: Legislation This was the feature of the an
nual meeting of the New York State Bar Asso-
citation, whose members and their guests filed
/ the large auditorium. In opening his address he
said:
The immense increase in the volume of legsla-
ton during the last half century is of the sal
| ent features of our time. Pessimists may ascribe
1T to the spread of evils the increase of old
evils which the state is attempting by expedi-
ent after another to repress. This is what Tacitus
meant when "Corruptssima republica
plurima leges.' Or the optirnist may tell that
it is evidence OF that reforming zeal which is
resolved to the power of the state and the law
! for extirpating ancient faults and making every
| one happier.
Continuing, Mr.. Bryce said that the subject
had urgent claim in this country. where not
! alone Congress but also forty-six state legis-
| lures turning out laws on all imaginable
subjects with a faith "in the power of law to
| bless mankind which few historians philos-
ophers and few experienced lawyers will be
| found to share"
| FUNDAMENTAL PROPOSITIONS.
| The speaker aften an incursion into the work
| of Parliament in England, its ideas, enthusiasms
| and ideals, said:
| Now let US come the substance of legislation,
| and from PROPOSITIONS which every one
| will admit
| l. There is in all free countries great demand
for legislation all of subjects mainly due
| to the changes in economic conditions and to the
| impatience of reformers to have all sorts of evils
dealt with by law.
| 3 The difficulty of framing good laws is enor-
NOUS because the work is in most countries no
! longer the comparatively easy task of repeating
| old laws which hampered and constrained the cti-
zens-destruction is simple workout the far harder
| task of creating a new set of laws which shall
guide help to attaining the ends they
| are bent
| The Ambas ador summed up follows, Civ
| ing twelve propositions generally applicable
| to modern free countries:
| First-The demand for legislation has increased
and is increasing both here and in all highly civil
! zed countries.
Second-The task of legislation becomes more and
| more difficult owing to the complexity of modern
civilization, the. vast scale of modern industry and
| commerce. the growth of new modes of production
and distribution that need to be regulated yet so
| regulated not to interfere with the free play
| of individual enterprise.
| Third-Many Of the problems which legislation
now presents too hard for the ordinary mem
| bers and even for the aber members of legislative
| bodies, because they cannot be mastered without
/ special knowledge Ut may be added that in the
United States a further difficulty arises from the
! fact that legal skill is often required to avoid
| transgressing some provision of the federal or d
| constitutionD
| Fourth-The above conditions make it desirable
! to have some organized system for the gathering
and examination of materials for legislation and
especially for collecting laws passed in other
countries subjects of current importance
! WOULD FIX RESPONSIBILITY.
| Fifth-To secure the pushing forward of meas
ures needed in the public interest there should be
I in every legislature arrangements by which some
definite person or body of persons become respon-
sible for the conduct of legislation.
| Sxth-Every modern Legislature has more work
thrown on it than it find time TO handle prop
erIy In order therefore, to secure sufficient time
for the consideration of measures of general and
permanent applicability such matters as those
relating to the details of administration or in the
| nature Of executive orders should be left to be
dealt with by the administrative department Of
government under delegated powers. possibly with
right to disapprove reserved to the Legislature
Seventh-SimiIarly. the more detailed rules of
legal procedure ought to be left to the judicial
department. or some body commissioned by it, In
stead of being regulated by statute.
Fighth-Bflls Of q local personal nature ought
to be separated bills Of general applicability
and dealt with in a different and quasi-judiciaI
way.
Nintb-Arraneements ought to be made as for
instance bv the creation a drafting department
connected with a Legislature or its chief COM
mittees for the putting into proper legal form Of
all bills introduced.
Tenth-similarIy. a method should be provided
: hpfp Ia
errors in drafting as may have crept INTO theIn
during their passage.
FIeyenth-When any bill of experimental kind
has been passed its workings should be carefully
watched and periodically reported on respects
both the extent to which 1t is actually enforced
COR found enforcbIe) and tho practical results of
the enforcement department charged with the
enforcement of any act would naturally be the
proper authority to report
Twelfth-In order to enable both the Legislature
and the people to learn what the statute law in
force actually is and thereby facilitate good
legislation the statute law ought to be periodically
revised and as far possible. so consolidated
as to be brought into a compact, consistent and
inteIigible shape.
Mr.. Bryce said that in France the method of
legislation was half way between the English
and American There the ministry prepared
bills as in England; they would go to commit
tees who moulded them.
THE SWISS SYSTEM.
Switzerland, Mr.. Bryce said. has no ministers
as voting members of either chamber but they
NAV defend their policy advocate measure
roth of these intermediate systems Mr. Bryce
said. lose something of the momentum which
the responsibility of government for legislation
gives in England. but they also reduce the
merely party opposition which it has TO en-
counter. while they give to the preparation and
he adI nf he