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
We now come to the third, and, from the point of view of the believer
in statutes, probably the worst class of all. That is to say, States
which have no official or authorized compilation whatever and which
rely entirely upon the enterprise of money-making publishers to make a
book which correctly prints the laws, and all the laws, of the State
in question. For one State, at least, such a compilation was made by a
few industrious newspaper correspondents at Washington! The States and
Territories that are in this cheerful condition are, as I have said:
New York (in part) the Territory of Alaska, California, Colorado,
Illinois, Indiana--that is to say, there has been no official
revision since 1881 and everybody, in fact, uses a privately
prepared digest--Louisiana, Michigan, Minnesota, Mississippi, Ohio,
Pennsylvania, Washington, and West Virginia (fourteen in all). Besides
this, there are other States such as Wisconsin and Indiana, already
mentioned, where there is no official _recent_ revision, so that
everybody depends upon a private compilation, which is the only one
procurable.
So much for the authenticity of the books themselves which contain the
laws upon which we all have to depend. Now, coming to the form of the
laws. As I have already remarked, there is no committee on style.
There is no attempt whatever made at scientific drafting. To give an
example of what difference this may make in mere convenience, it is
only a few weeks since, in Massachusetts, a chapter of law to protect
the public against personal injuries caused by insolvent railway and
street railway companies was drawn up by a good lawyer, and contained
between twenty and thirty sections, or about three pages of print.
It was brought to another lawyer, certainly no better lawyer, but a
legislative expert, who got all that was desired into one section
of five lines. There is no committee on style, there is no expert
drafting. The case of the recent Massachusetts statute declaring the
common law to be the common law, and therefore jeopardizing the very
object of the statute, will not be forgotten (see p. 188 above). There
are certain definite recommendations I should like to make.
Public-domain text, read in full here on John Shaqi.
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