New-York tribune., 1910-04-03
Maurice B. GIuCk Has q
Plan 10 Remope q
Chronic Cause of
Scandal.

RE our legislatures 'Over-law
"A yssyd.' and has lawyer ,s....,.ea.. while
holding the office OF legislator
also the right to represent private inter-
ests?"
These questions were asked of Maurice
e. Gluck member of the New York BAR
by a Tribune reporter. and in reply Mr.
GIuck said that the multiplicity of laws.
chiefly OF the bad or Indifferent ones, was
the result of the national custom OF law
yerizing" the legislatures. The lawyer
went on:
The majority Of lawyers in the legis
latures are holders of immoral retainers 70
represent private interests. Now. it is i'm
possible for legislators to give their support
to measures which would be benefit to
the public and, incidentally, detrimental to
the private concerns which they represent.
The lawmakers that serve in this dual ca
pacity say that the moneys received from
corpora tions are only fees which it is per-
fectIy proper to take and in the receipt
of which no wrong can be seen. But If a
farmer in the Legislature took such a fee
under similar conditions he would be ac-
cused of accepting bribe.
In every one of the Western States, eX-
cept Colorado, farmers greatly outnumber
lawyers in the legislature. In the arsicult-
ural states generally it is found that the
farmers go TO the legislature; in manu-
featuring states manufacturers so there,
and in states of diversified industries law
yers come TO the 'front.'
The recent exposures in the New York
Legislature have revived interest in the
retainer system. which has been in
vogue there from time immemorial for the
particular benefit of lawyers. The start
ling disclosures In the Aids investigation
have shown the workings Of the system.
bill mas been introduced by Assembly
man William NJ. Bennett, OF New York,
providing for thorough probing.
Several remedies might be proposed for
stamping out the retainer system, which.
in the eyes of many. is equivalent to ac-
cepting a bribe, but If the suggestion Of
fered by Mr.. Gluck. who is also president
Of the Secret Service Society of the United
States, were shaped into laws and carried
into effect. the people would know where
lawyers, elected as legislators. stood on the
retainer question at the time of their
nomination And. according TO his plan.
there would be no chance for lawyers re-
ceiving fees from private interests ever to
get into legislative halls. unless they sew
cred their connection with such interests
previous to nomination and unless they
agreed under oaJn to have no connection
with outside activities during the time of
membership in the lawmaking body.
II was at his office in the United States
Express Building. No Rector street. that
Mr.. Gluck expressed his views on lawyer
lied legislatures and the acceptance or
retainers By Its members.
What remedy would you suggest" asked
the writer. for eradicatng the eVil%'
Mr.. GIuck denberated a moment and then
said: Before a lawyers nomination as "A
member OF the Legislature. either as u
Senator or AN Assemblyman. he should be-
compelled Re- file "a statement under oath Ia
the effect that he does not represent any
private interests and that he Is nT seeking
the position SO IA to ala any private in
terests, and that during his term az office
aid any private interests. and that at no
time during his term of office Will he per
init himself or any of his family or friends
To profit by any impending legislation"
Nj. Gluck went on to explain why legs-
latures are 'over-lawyered, To the re
porter he said:
our legislatures. under present ccudi-
tious. are 'oNer-lawyered.' and they have
become SO by the exClustvenesS Of the legal
profession. Lawyers create exclusive mo-
tions Of propriety and therefore as lawyers
excuse themselves for accepting fees for
doing work which, as legislators, they
w'uld under duty be compelled to do VITA
ouf faa