Evening star., 1926-01-17
LUCE SEES URGENT NEED
OF LEGISLATIVE REFORM
Parliamentary Authority Says Congress.
Unfit to Write Laws, Should Leave
Work to Experts.

When II comes down to individual in
stances. we who serve in lawmaking
bodies are far more frequently blamed
for our sins of omission than for our
sins of commission.
"It may be, then, that the basic
cause for the present disfavor in
which representative assemblies are
held is really to be found in their In
ability to cope with present-day con-
ditions.
The machinery Of representative
government was developed in days
when life was very simple. II has be-
come very complex. Particularly
within the last century its intrtcacies
have become tremendous. Time was
when the chosen representatives Of
the people had some degree of per-
sonal familiarity with practically
every question confronting them.
The people themselves had knowledge
of the issues that arose and were
quite capable Of forming some degree
OF intelligent opinion. or at any rate
that was the case with those of the
people who were tntrusted with the
ballot.
This is all changed" Mr.. Luce
finds. To-day no member of a leg
islative body can possibly have tech
nical familiarity with a 1.-THE of its
simply make no attempt to under
stand them. The result is that with
regard to the greater part of these
problems such thing as a body of
informed public opinion Is wholly out
of the question. Now and then there
comes along a question like prohibit
ton, where 1t is possible to ascertain
the will of the people and to enact,
repeal or modify law In accordance
herewith. These clear-cut issues,
however, are now very rare.
1t Is Not Democracy.
The consequence is" he explains,
that most of our laws today result
from the individual judgments of our
representatives. That is, of course,
pure representative government, but
IT is not democracy. To the extent,
however, that 1t falls, that failure Is
not because 1t Is not democracy. for
democracy would do the work worse
yet, but because the machinery for
choosing representatives is not adapt
ed to the changed conditions
This implies no criticism" Mr.
Luce Is careful to point out. 'of the
personal qualities of our legislators
at least not i'll point of character, in
dustry. honesty and patriotism. 1t
does raise the question of whether we
shaA long continue to ask our leg
lslaHTe bodies to achieve what is fast
bee ,ming impossible.
" t is probably not to be wondered
at that the peoples of Mediterranean
lands and the Near East, In abandon
Ing the attempt, have returned to alb.
soIut1sm, for that was the natural
course in view of their traditions and
their racial characteristics. Thus far
IN the history of representative institu-
tionS the Germanic peoples have met
the heeo Tor governmental changes by
reshaplng their forms of government
TO meet new needs. There are indica
tions that in this they will again sue
ceed without reaction.
j ne most interesting experiment
now III progress" Mr.. Luce finds i'm
Germany, where alongside of the
usual form Of parliament the new
constitution sets up another body
made up of representatives chosen. not
on the geographical basis, but on an
industrial, commercial and profess
s1onal basis, which will frame those
laws that are Of a technical nature.
L 1hese, 10 be sure, must also be adopted
py the usual parliament, but with the
preliminary work all done by q body
OF men with specialized training. It
may De that In practice the actual re-
SUITS Will be more acceptible to the
Nation Mr.. Luce surlnises.
Crying Need of To-day.
I'm our country the crying need to-
day." he insists. lis to take out Of
the State legislatures and the Con
gress the work Of enacting administra-
tive lawS-in other words, the rules
and regulations for giving effect to
policies. For one, I continue in the
belief that representative assembly
furnishes the best means ever devised
for determining the will Of the peo.
pie in the matter of policy. Failure
begins when such an assembly starts
the work Of creating the machinery.
In this respect England is work.
Ing out the most promising solution.
Within the last 80 or 40 years it has
developed system under which many
OF the details Of administrative legts-
latton are framed by experts in the
government departments concerned
These take the shape OF what are
known as provisional orders Some
of them have the force of law when
issued and thereafter, unless annulIed
by Parliament within specified
time, while others take effect when
approved by Parliament
In practice this approval has been
almost perfunctory, matter Of
course, but Parliament always has the
veto power at Its command. This sys-
tenn has relieved Parliament Of a ma
terial part of its work, apparently
with no detriment Of Importance. It
may be that something Of the sort
must be adopted here If the confidence
Of the people in law-making bodies is
to be restored.
'"The great difficulty with these bod
les today is that they are overwhelmed
with work, and for a great part of this
work they are by reason Of their make
UP and their methods quite untitled.
The processes of representative gov
ernment, therefore" Mr.. Luce con-
cludes, more than its principles, are
what need reform"