Newark evening star and Newark advertiser. [volume] (Newark, N.J.) 1909-1916, 1914-01-15
M'DERMOTT TELLS
NEED Of A RECESS.
Father of California Plan in New
Jersey Legislation Explains
His Reasons.
Especial to the Newark start

JERSEY CITY, Jan. 15.-Assembiy-
man Walter L. McDermott, OF inns
CITY today issued a written state
ment setting forth his. views on the
/ California plan of legislation Wnlcn
is now before the Legislature through
resolution which he submitted at
the opening session on Tuesday. He
saws that a recess, such as the plan
provides, is eminently necessary TO
good legislation, so that the law
makers will have enough time TO
consider the bills and the people Will
be able to digest, approve or criticlse
them. The statement follows
ITO any one who objects to the Idea
of a legislative recess to give time
| TO the legislators and the public gen.
orally, to weigh and consider the new
laws proposed, l would put the ques-
| ton: Have you confidence in the
LEGISLATURE? Do you believe, from
the history of the last twenty-five
years that American legislatures
have been gaining or losing in popu-
lar estimation? If you do, how do
YOU account for 1t that governors
and Presidents feel that they are
strengthening themselves with the
people by criticising and even de-
nouncing legislatures? And how do
you account for it that they are
doing 1t with absolute impunity?
Legislative Power Declining.
"Of course no one can really deny
that the legislative power has
seriously declined from its proper
place in government and 1t will prob
ably continue to decline for many
years to come. The executive power
is rapidly becoming predominant and
this predominance will continue to in
crease in the same proportion that
the legislative power declines until
the pendulum has swung its fuil
stroke. For all these mutations of
power are subject to the great law
of rhythm.
when our country was younger
all the feryor of the people found
expression through the patriots in the
colonial assemblies and the houses OF
burgesses Patrick Henry. Samuel
Adams, Otis were the true cham
pions of popular rights. The execu-
tive power was distrusted. The
statesmen of the National Congress,
Clay, Webster, Calhoun outshone the
Presidents. That was as 1t should
be- 1t was the true democratic ideal,
and it will be again, for the legis-
lature is in reality nearest the peo-
pie in a true republic. A republic
in which the executive dominates is
a republic merely in name.
without discussing the many
causes which have brought the legis-
latures to their present position, 1
would mention only one-their admit
ted carelessneSs. / am not speaking
of any particular legislature, either in
New Jersey or elsewhere. l am speak
ing impersonally of a general condi-
ton prevailing throughout the whole
Union. This carelessness is due not
to the men, but to the methods, and
the resulting discredit Is going to last
just as long as the present preposter-
Gus methods are followed. Every
thing Is done quickly, crudely, with
out proper examination and debate.
No important dispute affecting rights
or property can be decided In court
of law without time given to present
the case, to answer the case and to
argue the case. Several months, usu-
ally longer, are needed. Anything less
would not be justice.
'I do not refer to cases of mere
routine or cases of exigency. They
may be decided out of hand. But you
may overturn the usage of century
in few hours of legislative juggling,
and yet we are seriously told that 1t
is a great reform to require ten days
at least before laws can be finally
enacted. 1t is not reform, 1t is simply
evasion.
Fair Hearings Now Impossible.
UNLESS the recess plan is adopted
ny fair hearing and deliberation will
be just as impossible as they have
been in the past. The recess is in
dispensable IL the people are to be
properly apprised of the new laws
proposed, and if the members are to
understand what they are doing. The
present method is go-as-you-please
from the time the bell rings, and
devil take the hindmost. The legisla-
ture will never attract the men who
should rightly be in it, until its pro-
cedure is radically improved.
1.-THE public should rejoice at any
spontaneous effort toward reform
originating within the legislature it
self. and give it prompt support. Just
as soon as the public shows interest
and confidence In its assemblymeh
and senator's their work will become
flexible to the popular will.
1.-THE recess plan is not radical. 1t
Is only sensible. 1t Is fair and reason
able, and If you have bill that you
wish to support or oppose, and your
reasons are sound, you are going to
have just ten times the chance of
having It properly considered on its
merits that you ever had before"