Evening star. [volume] (Washington, D.C.) 1854-1972, 1913-09-29
Constructive Legislation.
BY DIR. FRANK CRANE.
Copyright, 1913. by Frank Crans.)

Most laws are prohibitions. Most TO
formers want to prohibit something. ISe
the history of law dem onstrates that pr0.
hibition is universally failure
The classical definition Of law b TIT
1t "prescribes what Is right and pro-
hibfts what is wrong" That 10 to -.
it is positive and negative. It il Tho neg-
alive function Of law that has been over
worked, because it is cheap, handy and
deceptively efficient.
Prohibition has its place. 1t is good for
children. 1t is a "schoolmaster." 1t is
useful as a temporary prop until the
man is able to stand alone. The laws OF
Moses were not permanent: they were.
according to the apostle. to pass away"
being replaced by a new covenant. the
inspiration of the individual. In other
words. negative legislation is in time tn
be supplanted by positive. Rules are
for children and childish races: principles
are for men and mature peoples.
The past eras of monarchy, absolutism
and government by restraint generally
represent the childhood Of the race. De-
mocracy means mankind coming of age.
A democracy implies that people In
now ready to govern itself It's time to
quit saying Don't and to begin saying
do"
For instance, take a few of the more
prominent ills Of society and see how they
are now treated negatively and how they
might much better be treated positively.
We prohibit liquor selling, more or less,
in every section OF the country The re-
suit is far from satisfactory Not only IL
the consumption of alcohol increasing.
but attendant evils of graft and law
breaking are plenty. Constructive legis-
lation would give thorough instruction 10
all children as to the effects OF alcohol:
supply this instruction and remove all
restraints. and IN one generation you
dred years under the present system. No
nation ever tried this.
We prohibit graft. Why not remove
the conditions that create Il? Graft IL
the constant product OF indiferentism In
politics. Develop self-government among
children, train them to civic conscience.
and graft will cease.
Prohibitive laws against trusts are a
farce. Remove that element In trusts
which renders them dangerous, which IL
irresponsible absoutism. Whenever a
business reaches the point OF practical
let the government enter II as
a partner or take 1t over bodily. Our
present harassing prosecution OF trusts
Is a menace to business.
We enact prohibitive laws against crime
Better would II be to search for the
cause of crime and remove IL. Nine
tenths of crime comes from Inadequate
training and environment In childhood.
Put all the children In school all the
time. BY so doing You would cure. The
present system of punishment, Jails and
nourishes crime. Every pen
itentiary is criminal maker: every
schoolhouse is a criminal preventer. No
nation on earth has ever tried construc-
tive crime legislation.
The foremost physicians are now
preaching preventive medicine A thou
sand times better to remove disease
breeding conditions than to invent
cures
The foremost ethical thinkers are teach
ing character-building by inspiration and
and not by restrictions.
Along with doping In medicine. and
don ting In morals. restrictive legisla-
ton must go to the scrap heap.
1t is time for democracy to realize its
maturity, and for law to try to have
some of the sound sense OF the twentieth
century; it is time to begin to remove
the causes OF evil and to quit applying
poultices to the symptoms.
No nation-think OF it, has ever yet
to train all its children. which
Is the only practical road to reform.