Popular Law-making eBook

This eBook from the Gutenberg Project consists of approximately 485 pages of information about Popular Law-making.

Popular Law-making eBook

This eBook from the Gutenberg Project consists of approximately 485 pages of information about Popular Law-making.

In the opinion of many “practical politicians,” as well as others, the whole mass of legislation that recognizes political parties and applies to anything happening up to the date of election, should be expunged from the statutes.  I would hardly make an exception even of the “bi-partisan” board.  A board should be composed of the best persons, not necessarily party-colored; if there be any force in the argument for bi-partisan commissions, it should apply ten times as much to the judges, but there is no provision in any State of the Union or in the National government for bi-partisan courts of law.  Massachusetts, alone, so far as the writer is informed, of all the States, by a certain tradition respects this principle.  Very few Massachusetts governors replace a Democratic judge by a Republican, or vice versa.

But most significant of all political matters is the growing distrust of legislatures.  Curiously enough, although there was a great distrust of the executive of the nation until within a very few years, that seems to have entirely passed away.  Governors of States have too little power to inspire distrust in anybody.  But that legislatures or representatives of the people should fail to inspire their confidence is one of the most curious developments of modern politics.  The matter has been fully discussed elsewhere in this book.  It is greatly to be lamented, for it tends to lower the character of the legislatures themselves.  The days are indeed far off when a man would prefer being governor of a State to president, ambassador, or judge of the Supreme Court; or the State Senate to the national Congress.  Part of this indifference is, of course, explicable; for with the perfection of our civilization and the growing intelligence that most statutes have been enacted that are really needful, there is really less for the legislatures to do.  Then, also, the growing practice of giving a large share of governmental, or even legislative, powers to boards and commissions has narrowed the scope of legislation.  Whatever be the reason the fact is certain.  Very few States now allow their legislatures to sit ad libitum, and only six or seven States permit annual sessions.  In nearly all States sessions are biennial, if not, as in some Southern States, quadrennial.  That is to say, the legislature is only allowed to meet once in four years; and in more than half the States the time of the session is limited to ninety, sixty, or even thirty days, or the pay of the legislators cut off at the end of such period.

A few States have laws aimed at corrupt elections, that is to say, limiting the expenditure of candidates and requiring publicity.  Most States now forbid contributions by corporations, as does the Federal government.[1] Thus, by the California law of 1893, expenditures are limited to one hundred dollars for each candidate, or one thousand dollars by a committee, and in no case exceeding five per cent. of the salary

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Popular Law-making from Project Gutenberg. Public domain.