Page:The Green Bag (1889–1914), Volume 12.pdf/36

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The Follies of Legislation. damages not to exceed $60. Of course they are not enforced. Minnesota legislators presumably duly considered the phrenology bills submitted to them by one of the honorables. One provided for a State phrenologist, with an assistant, who should examine not less than two thousand heads in a year. In Wisconsin some barber legislator in troduced an anti-whisker law so that there might be more shaving. In Illinois every barber has to pass an examination and be licensed. Of course it is a farce for getting fees into the pocket of some official. Missouri would prevent its people from eating green watermelons by appointing a watermelon inspector and the bill was only defeated when a venerable member moved that the inspector's title should be "The Official Plugger, Muncher and Taster of the State of Missouri." Also the same legisla ture sent to engrossment a bill preventing card-playing on the first day of the week. An honorable at Albany wanted to have an inspector of horse-shoeing, and another to make chiropody a profession with a license, and a third would revoke the license of teachers who used tobacco. In Massa chusetts, Representative Teamoh would prohibit hens and roosters from wearing trousers. And so it goes — almost ad libi tum, certainly ad nauscittn. I was brought up to reverence law, but, on looking into it, I find a great deal of it utter ly unworthy of reverence and much absolute ly unenforceable. The reason is that we are

afraid to elect the same man more than two terms. We give him an uncontrolled power over us, and then, feeling that he cannot stand more than a short term of such un controlled power, we do not keep him there. If we would take away from him this danger ous power of enacting laws, and choose legislators as counsellors or advisers to the people, then we could keep a legislator in office indefinitely. He could not become corrupted because he could not deliver the goods. The people would vote on laws. This is done in Switzerland, where the peo ple can vote on any law passed by the legis lative body. It results in laws which are noted forceability for their

andscarcity,

in the simplicity further fact and that enlegislators arc reflected for term after term. sists This of two is called things. Direct ByLegislation the Referendum and con-' no law goes into effect, within a reasonable length of time, unless approved by the peo ple. If during that time — say sixty clays for State law — a minority of the voters — say five per cent — sign a petition to have it referred to the whole people, it is held over till the next election, when the people vote on it, a majority accepting or rejecting it. By the Initiative a reasonable minority of the voters can propose a law which, if not passed by the legislature, goes to a vote of the peo ple. The two together give the people constant making. and It would firm control do away overwith their theown legisla lawtive follies and corruptions with which this article deals, as well as many other evils.