Popular Law-making: A study of the origin, history, and present tendencies of law-making by statuteStimson, Frederic Jesup
History
Popular Law-making: A study of the origin, history, and present tendencies of law-making by statute
Stimson, Frederic Jesup
Legislation -- United States
Then there is the long range of lobby acts aimed at the very serious
abuse of lobbying. Massachusetts divides the offence, or rather the
business, into two general classes: First, the legislative counsel who
appears before legislative committees in support or in opposition of
measures. This practice, of course, is perfectly legitimate in many
cases, but the law provides that his advocacy must be open, he must
disclose the client for whom he appears, if there be one, and at the
end of his services file a statement of the counsel fees actually
received. Such legislation, however, is easily evaded by the payment
of an annual salary. Then there is the legislative agent or lobbyist,
properly so called, who does not openly appear before legislative
committees, but waylays members of the legislature at their dwelling
or meeting places, or elsewhere. He must also register as legislative
agent by the Massachusetts law, and file an actual account of his
receipts and expenses. Such legislation properly observed would,
of course, have made impossible the celebrated "House of Mirth"
at Albany. Then there are many statutes against intimidation in
elections, particularly in the South; and there were many acts of
Congress passed under the Fourteenth Amendment, but these have
practically all been held unconstitutional.
The form of the ballot is another matter that has been the subject of
much legislation. Our States vary, as does still public opinion in
England, between the extreme of providing by the Constitution itself
for the secrecy of the ballot, and the other extreme of requiring that
all voting should be _viva voce_, as was formerly the case at least
in Kentucky. Public opinion has universally settled in favor of the
former; and to protect the voter's freedom, the so-called Australian
ballot has very generally been adopted, the principle, of course,
being a ballot on which all candidates' names are printed, with or
without party designations, and against which the voter makes his
mark. In their practical working, however, these laws depend on the
simplicity of the form; thus, it works very well in Massachusetts,
where the form is simple and the ballot short, and very badly in New
York, where the contrary is the case. Opinion is pretty well united
on the advisability of the Australian ballot, the only remaining
difference being as to whether any party designations should be
printed. Most practical politicians desire that the name "Republican"
or "Democrat," or even that some party symbol like a star or flag,
should be affixed, which can be understood by the most illiterate
voter; also, that the voter should be allowed to make one cross
opposite the word "Republican" or "Democrat" when he means to vote the
whole of the ticket, "in order to give each candidate the benefit of
the full party strength." On the other side it is argued that all
voting should be intelligent and never blind, and that if the voter
Public-domain text, read in full here on John Shaqi.
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