The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1912-08-13
.FLAWLESS
LAWS IN
FUTURE
If LEGISLATIVE DRAFTING
AND REFERENCE DEPART
MENT IS CREATED

The creation Of a legislative draft
ing and reference department. for
the purpose Of assisting members
of the legislature in drafting bills so
as TO get them into proper form, is
lurged in the report made 6y Clinton
To- Bum. member OF the commission
ON uniformity of laws, recently sub
United to Gov Cruce Copies OF the
report are being sent to candidates
| for the legislature and 10 members OF
| the bar over the state, and especial
efforts viii be made at the next ses-
sion Of the legislature to secure the
adoption of a law along that line
The plan has been in use in the
British parliament for many years
| It has been tried in Wisconsin with
great success for ten years past and
has recently been adopted by Penn
syvania
Attention Is called to the difficulty
which conrronts the member Of the
legislature who may be man OF
practical sense in affairs with which
he is familiar honest and OF good
Intentions but unfamiliar with legis-
lative work
He wishes to do his duty. and
do what is best for the people. says
the report but he is greatly handi-
capped He has not at hand all the
information he would like to have
in order to act intelllgently Per
haps he is not even aware that in
some other state the same piece OF
legislation has been presented, and
has either been defeated, because
found impractical, or found to be
very mertorious Frequently an
important bin comes before his com
mittce and good lawyers have been
employed to present certain inter
osts who are desrous Of having that
hil become a law Every argument
Is presented TO the committee to
substantiate the merits Of the bill
and although the members may have
some doubt about the wisdom OF il,
he has no Information at hand to
eontrovert the plausible arguments
OF a paid attorney.
Look Out for the Courts.
"lt not nfreqnently happens in
such a case that a weIl-meaning
committee reports favorably per
nlcious bin because every plausible
argument has been presented in its
favor and there has been no one
specially qualified to represent the
of the people al large
Il take it that it is the desire Of
each member Of the legislature that
evey law should be accurate as TO
form and substance The important
question TO decide is How can ac-
curate form be Lest accomplished
How can member be assisted in
order TO get the best results
one of the reasons, in my iudg
ment. for so much criticism OF the
courts is that the courts. in applying
legal rules Of construction are
10 hold statutes invalid
This. Of course is not always the
fault of the courts. but frequently
the fault Of the law
IN this connection Mr. Bunn points
to the fact that in at least twenty
two cases in the last five years the
supreme court has de.
rlared statutes unconstitutional
while but one such case has been
reported in Wisconsin in ten years
IF it, is necessary to have bins
passed by the legislature carefully
drawn" he continued the import J
ance is emphasized where the lnta-
alive and referendum is used TN
Ter our law the initiative or refer .
4ndum can be invoked by securing
hc necessary number Of names to
petition There is no requirement
Continued on Page 81