Montpelier examiner. [volume] (Montpelier, Idaho) 1895-1937, 1916-01-28
POINTS OUT DEFECTS IN
OUR LAW W-MAKING SYSTEM
In an Address at Caldwell. Judge Morgan Of
the Supreme Court. Tells Why We Have
Such CongICmeration Of Laws.

In a brief address TO the delegates
in attendance at the state seed fair
in Caldwell last Friday, Justice Will
liam M. Morgan Of the Idaho su-
preme court presented the defects.
in the lawmakipg system Of states
in manner that all could under
stand and appreciate. In his usual
direct manner, Justice Morgan
struck straight at the root Of the
legislature evil for which. he said.
blame should be attached to the
antiquated legislative system rather
than to the members Of the legisla-
ture.
Our form Of government was
designed to meet the requirements
Of q simple pastoral people," said
the justice. Il is made up Of three
parts, the legislative. the executive
and judicial. Two Of these branches
have, to some extent at least. kept
pace with the times. We select, or
try to select, the best business abil-
ity to be found within our borders
for the executive branch, and the
members Of the judiciary should be
chosen from the flower Of the legal
profession; but we are attempting
to make laws to meet advanced con-
ditions by means of q legislature
composed Of men who are not fitted
for the work they are set about.
When the United States govern
ment came into existence, the legis-
lative departments OF the several
states were composed Of the men
drawn from every walk of life, who
assembled together to adopt simple
rules of civil conduct for the gov
ernment Of people of simple habits
and few necessities. They came
wearing coonskin caps. and they
came afoot. The only difference
now is 10 their line Of travel and
the way they decorate their heads,
We still call the preacher from his
pulpit. the blacksmith from his
forge. the carpenter from his bench
the farmer from his plow, the bar.
ber from his conversation and the
dentist from his victim. and with
out giving them time or opportunity
TO find out what the law is. we sei
them about the task of amending
its many imperfections. and ",
limit their activities In that behal
to . period Of so days once in twl
years. And stili we expect thei
work TO be perfectl
One great difficulty Of legisla
tive session arises from the fact tha
nearly all legislators have hobbie
and their constituents have others
all Of which, it seems, must be Ii
corporated into bills, and if pOssibl
into laws, with the result that in
short time the senators and men
bers are like the fellow who bough
seren thousand dollars worth {
ginger snaps, they have too muc
Of good thing" As consequent
We have q great number Of ill-coi
sidered, contradictory laws, cOnfu
Ing to the lawyer and misleading
the layman. In addition TO thi
Il sometimes occurs that the majo
ity Of the legislature Is Of the opp
Bite political faith from the Cover
nr. and when this does occur. tn
naturally spend q good deal Of tin
b carrying ont his policies-in 4
waste basket.
No wonder our laws get il
Bad shape. No wonder that VII
citizen has an important piece
business on hand, upon which he !
ires counsel he don't know whes
g consult lawyer or q clairve
No wonder that. while eyel
dy is conclusively presumed
aow the law. the members Of
preme cOurt put in most Of thl
ae trying 70 find ont what Il
u that sometimes they disaQl
ou simply can't keep a legis
rom 'Iog-rolIing.' Now WI
mes 10 this science. art. aeec
nent- it whatever you -
but remember there are lal
nt-don't get m idea all
eE jacks ID the state live II
cred regions. Leg-rolling.