RECENT STATE CONSTITUTION-MAKING 7 1 



These illustrations are sufficient to show that it is not possible to 

 frame a constitution broad enough to cover all the points that must of 

 necessity arise among any progressive people. 



The second cause of this growing tendency to change the State consti- 

 tutions by amendment is the distrust of the legislature. Evidences of the 

 increase of this feeling toward the members of the legislature may be 

 easily found in every State. There is a very general feeling that we have 

 too much legislation. Business men feel that the frequent sessions of 

 the legislature are a constant menace to their prosperity. They feel 

 that any sort of law is liable to be enacted if it appeals to the legislator 

 as a means of getting votes. Changes in the tax laws are perhaps the 

 most common cause of complaint. These are very frequently made, 

 and the vested interests have become greatly alarmed of late at the uncer- 

 tainty that hovers over each meeting of the legislature. During the past 

 three years the State of New York has been considerably agitated in 

 this way. Capital there has been very apprehensive as to what might 

 be the outcome of the tax reforms which the party in power has been 

 pushing through. Radical changes in the tax laws have been either 

 made or vigorously attempted during each of the last three years. This 

 is especially true of the legislation affecting the banking and insurance 

 interests. It is in consequence of the interference with business in this 

 way by the legislature that the saying has become current: "If the 

 legislature would adjourn for ten years, there would be a period of great 

 prosperity." Idle as this is, it nevertheless shows in a certain way the 

 distrust of the legislature which is not wholly confined to the business 

 world. 



There are three prominent reasons for this distrust of the legisla- 

 ture. They are unwise laws, special legislation, and the power of the 

 boss. 



It is of course very well known that the legislature does not use the 

 care it should in the preparation of bills. Bills are often prepared by 

 someone who has no special knowledge of law, and are not examined 

 by a lawyer at all, but are hurriedly passed by the legislature and signed 

 by the governor. It is for this reason that so many acts must be declared 

 unconstitutional by the courts. In these days, people are not going to 



