I2O
THE GREEN BAG
I need not say to you, Ladies and Gentle men, that this is a subject which one might greatly enjoy' discussing. But I have the honor to be not only a member of your profession, and an honorary member of the State Bar Association, but also to occupy a position in which I can emit no political opinion of any kind whatever. (Applause.) Now let me try to illustrate how scientific method may be applied to the constructive part of legislation and the arrangements of legislatures. It may be applied to the collection of data. The facts on which law sought to be based need to be gathered, sifted, critically examined. Especially necessary is it to ascertain, not only how other countries have legislated on the subjects which occupy public attention here, but what has been the practical working of the laws they have enacted. Take such subjects as the tariff and the law of corporations. Every civilized country has to deal with corporations and has the same task, to keep them under some control, and to prevent them from establishing oppressive monopolies, yet always without checking individual enterprise. Everyone, except the monopolist, wishes to stop monopolies, but nobody wants to substitute a meddling officialism. How to steer between these two risks is no easy problem, and needs scientific inquiry, with an exam ination of the laws of other countries. Any country that has a system of customs duties meant to be protective, needs to know how each duty, whether on raw materials or on the manufactured article, operates upon the manufacturer, the dealer, the consumer; and the more complex and all embracing a tariff is, the greater this need. Now, both these subjects are beyond the knowledge and the skill of the ordinary legislator either in Europe or here. Only special study can give the comprehension of facts and master}- of principles required to make anyone competent to advise the per son who has to prepare measures on
either subject. The same thing holds true of railroads, of mines, of factories, of sanita tion, of irrigation, of forest conservation, and many other topics of current interest. All must be approached in a scientific way, using the results of the experience of other countries. Methods, too, have to be studied as well as facts. To devise and apply sound methods of legislation is equally a matter requiring careful study and a knowledge of the systems which have succeeded else where. For instance, a distinction ought to be drawn between the work proper to a legislative body, and that which is better left to some administrative or judicial authority, making rules under a power delegated by the legislature. Adminis trative rules are better made in that way, and the time of the legislature is saved. Similarly, bills relating to local and personal matters ought to he distinguished from those which affect the general law. The more these local matters in which the pecuniary interests of persons or corpora tions are involved can be kept apart from politics, the better. They are usually fitter for a sort of investigation, judicial in its form, though not necessarily conducted by lawyers. To take them out of the ordinary business of a legislature saves legislative time, while it removes temptation. It sets the members of a legislative body free to deal with the really important general issues affecting the welfare of the people which are now crowding upon them. It helps them to appeal to the people upon those general issues rather than in respect of what each member may have done for the locality he represents. Let me sum up in a few propositions, generally applicable to modern free coun tries, the views to which I have sought to direct your attention. I. The demand for legislation has in creased and is increasing both here and in all highly civilized countries. II. The task of legislation becomes more
