The New York herald., 1922-02-20
The Ideal Government.
In 1t Business Men Would Serve as
Balance to Lawyers. A

To THE NEW York HERALD: This
country needs rest from new and dras-
tic laws, from bold and untried schemes,
and instead an era of obedience to the
laws as written or repeal of impossible
statutes. i. Is apparent that the coun.
try Is law sick, and as an antidote laws
are disregarded and evaded. Evasion
of any law breeds contempt for all laws,
and this condition promises retrogres-
sion and spells chaos.
A glance at the membership of Con-
gress and officialdom only is needed to
observe that lawyers are largely In con-
troll of the ship of state. 1t Is an axiom
among business men that lawyers. with
out many exceptions, have to go to the
business man, and necessarily so. for
their knowledge and information regard
ing this special field of action. Few
lawyers have had constructive business
experience. They are as a class no,
creative, but a deliberative, conven-
tional product Of precedent and inter-
probation of the past.
The great business of the Govern
ment, legislative and executive. to-day
Is In the control of students and theo-
rists. although it plainly demands the di-
rection Of experienced. constructive and
practical business men in order to func-
tion upon up to date and progressive
lines. 1t is not the purpose of this
argument to show that lawyers lack a
logical and reasonable equipment for
Congressman and Senators and execu-
tives. but that the experienced business
man also has equal standing in the
councils of the nation, and that the
proper admixture of business and legal
talent is lacking and that both hindsight
and foresight are to be desired in the
solution Of our public problems.
Why Is 1t that business men of large
caliber are missing in the ranks?
The business man early discovered
that in order to do things convention
and precedent had to be largely SET
aside and made the incidental and not
the fundamental of progress.
The influence of legal habits. the sta
tionary propensities. and often reaction
airy inclinations. have permeated the
statutory life Of the nation. and natu-
rally so in our country. governed by the
law and largely by lawyers. Scarcely
any question arises in the United States
which does not become. sooner or later
the subject Of judicial debate. The GUS
toms and technlcalites OF legal practi-
tioners are constantly introduced into
the business affairs OF the country. The
lawyers occupy most OF the public Of
fees and thus exercise a powerful infiu-
ence upon the formation OF laws and
upon their execution.
It Is true that lawyers form the mos,
powerful counterpolse to the democratic
element. and equally 1t is evident that
the business experience lacking In their
training is a fundamental requirement
all along the line. American lawyers
found their opinions and decisions upon
precedent, and English law is esteemed
often not because It Is good but because
II is old. Tho American lawyer Is often
like tho French lawyer, extensively ac,
auaintcd with the statutes, and thai
Is all.
The great business organization OF the
Government OF tho United States re.
quires moro than this talent In it's con.
duct. and IT Is law sick because OF this
condition and needs to exercise itself
In repeal instead of increase in en-
forcement OF present laws and repeal
OF impossible statutes in order that the
red corpusclcs of common prosperity
shall circulate In the body polite.
LINCOLN G. CUMMINGS.
BnooKLIwE, Mas, February is.