The sun. [volume] (New York [N.Y.]) 1833-1916, 1916-01-15

'pNNNh ottOTS TIE Sudte pdT NSsOtihNtOh
at the Hotel Astor last night was
Some Aspects of the Development
Of American Law In part he said. (:
In addressing you I am keenly aware
OF the difficulty Of discussing vital sub
Jects-forcmost In the minds Of lawyers
without dealing with questions which
are likely to cone before tho Supreme
Court. ard which the members Of that
our should discus only in the course
OF Judicial determination. But within
the limits your judgment must approve,
although they exclude points Of great
Interest to the bar. ] shall speak to you
upon some aspects of the development
OF American law.
In the mere multiplication of laws.
when this Is considered relatively to the
growth OF the country. there is nothing
novel. This is an ancient grievance and
the significance of Its continuance lies In
the showing of the reluctance OF democ-
racy to forego legislative opportunities
In the interest OF simplicity and eff
cheney. l see TO prospect OF r~ernedying
the evil OF needless multiplicity until ~
the place OF merely general lamcntation
and futile invelghing against too much
law" enlightened opinion shall aim at
securing improve ment in those cases In
which the mischief Is especially promi-
tib dilh Oil lllthsuIt Ol Ttlltl 10 NV
wholly impracticable for example U),
by increasing restrictions against special
and private legislation. not only through
constitutional provisions where these
are appropriate. but by changes In the
rules OF legislative bodies with respect
TO the consideration OF private bills
t2). by the development In local COM
munitiee OF the sense OF civic RESPONSE
bility which wlll lead to entrusting each
l t,a,tAt9tVa No. ,,ttt, ~. an-. ~ fta 40 =.
local affairs under rules OF Its own maxi
ing go. by seeking to deal with mat
ters OF general concern. though within
State power, through uniform laws not
only enacted but maintained AZ such
both by force OF the public Judgment
and by the efforts Of the bench to avoid
conflicting interpretations. and 90, by
seeking to provide a simple judicial pro-
cedure which shall not be a Legislative
patchwork. We are apt TO be suspicious
of everything but generalirations and We
find It hard to agree on the details Of
constructive enterprise. Blu gains are
always possible through a wise direction
OF effort. and II legislatures are relieved
Of unnecessary burdens there will be
opportunity for increased care in formu-
lating and adopting new laws
New Fra In development.
When. putting aside tho trivial and
comparatively insignificant, We pass Il
the consideration of the principal en-.
actments OF recent years. we md tina
this legislation has such distinctive
features that II is harly too much e
say that Wv have entered upon a new
era in the development OF our law.
shall not attempt to speak Of particular
policies involving new conceptions o.
rights and duties, but there are to h
observed certain changes In point o.
view with respect to the methods deemed
To be desirable which. perhaps. are ever
more deeply significant han immediat,
Legislative aims. Most notable, I think
II. first. the exercise OF the power q
Congress in the regulation OF interstate
commerce., and. second. the establish
ment In nation and State OF adIninistra
tive agencies with both legislative AM
quasi judicial powers OF vast impcr
tance.
Tie content OF .hc Fedora! author!t,
over has not been enlarge
since the beginning, and 10 understand
= It's scope we recur to the ella ssic dcfni
. tlon Of Marshall but there has been
7 profound change in the disposition &
= US. that authority. From the outse
Congress exercised it's power sonewha
r broadly with respect TO foreign com
mercc. but Il did little In the !ntcrstat
field until a short time & In ina
field the requirement OF uniformity
until quite recently. was taken TO assur
. freedom rather than restriction. Within
, a few years plans OF regulations In
yolying new eXertions Of Federal powe
have followed each other In swift sue
cesSon, rejecting convictions or recen
origin with respect 10 national need'
The interstate act. the ant
trust act, the safety appliance act. tn
Hepburn amendment and the Carmac
amendment to the interstate commerc
ACT. m, food and drugs act. the mea
inspection act. the hours OF service &C
the employers liability act. the Ga
ton act and the trade commission az
have TO a considerable extent recas
our law. And II is OF the deepest SIS
. nihcance that these changes have not !e
TO partisan controversy and that IN III
Q most recent legislation there has bee
: no indication of any desire to witnhoi
: the exercise OF Federal power.
. Astounding activities and facility {
v intercourse have been producing the
= natural legislative reactions. and whit
q the people have determined TO exercis
y governmental control they are dispose
10 utilize freely whatever powers the
y find a. their Immediate command. carin
. little for former Emergencies OF politici
a theory.
Administrative Agencies.
o With this noteworthy change In poll
: OF view. there have been constant man
!. festations OF a deepening conviction
n the impotency OF legislatures with r.
y spect to some OF the most important d.
. partments OF law making. Complain
must he heard. expert investigation
& conducted, complex situations del'be
l. ately and impartially analysed and lei
i~slatiys rules intelligently adapted to
d myriad OF instances falling within
e general class. 1t was not difficult
d frame legislation establishin. a gener
standard. but to translate an accept
principle into regulations wisely adapt
10 10 particular cases required an expeI
70 enced body sitting continuously and r
N moved so far az possible from the bla
m d!shments and intrigues OF politics. IT
administrative type is not essential
Is new in itself. hut the extension OF !
% use in State and nation constitutes
n new departure.
D. With Congress using widely Its q
a thority over Interstate commercial Int
a course and the States creating ne
n obligations and remedies the Difficult
We and importance OF the work OF I
courts as the Interpreters OF constit
re lions and laws has enormously increase
: There has never been "A time when tn
H. work, in view OF the intimate RELATE
of legislation to commerce ana industi
an has been Of more vital concern TO I
country than II IL to-day IL Is pla
ly that our dual system OF government
~ being subjected to "A new and seve
,t strain. Congress- Is constantly defini
the SCOPE Of its legislation by ~referen