72 UNIVERSITY OF COLORADO STUDIES 



obey a law as long as there is any doubt of its constitutionality. As a 

 consequence, the shrewd lawyers who are now employed by the great 

 private interests are sparing no energy to detect evidences of uncon- 

 stitutionality in the new laws that are ground out in such quantities 

 almost every year. That the efforts of these lawyers are crowned with 

 a reasonable degree of success is apparent from the statistics of uncon- 

 stitutional laws that have been enacted by the legislature of the State 

 of New York since 1895. Of the ^ aws enacted since that date, forty- 

 one relating to all sorts of subjects have been declared null and void 

 by the New York courts. This condition of affairs is to be accounted 

 for only on the theory that the bills were not given proper consideration 

 before they were enacted into law. It is unlikely that the members of 

 the legislature were unable to judge whether or not a proposed law was 

 liable to prove unconstitutional or not. Had they given the matter the 

 attention it deserved, they would have asked someone competent to tell 

 them in case they had doubts of their own. The trouble comes about 

 through the haste with which the legislator has to work. Between 

 seven and eight hundred laws are enacted each year by the New York 

 legislature during its sessions of less than four months. It is next to 

 impossible for the members to find out much about all these various 

 measures on which they are obliged to pass. Hence the rush and 

 hurry of the modern legislature. The inevitable result is hasty and 

 unconstitutional legislation, and the consequent confusion in business 

 and distrust of the people. 



A second cause of this distrust is in the evil that has been done by 

 special legislation and the current belief that it has been so often secured 

 by bribery. It is well known that many of the large corporations keep 

 what is known as a corruption fund, and they frequently appear before 

 the legislature and ply all the arts of the lobbyist. That they are often 

 successful is beyond dispute. They are quite likely to secure what they 

 want in the shape of a special act. Sometimes it is said the money is 

 spent in the campaign, and then the public believe a promise has been 

 secured from the State boss to secure the legislation the corporation 

 may desire. Mr. Havemeyer, of the American Sugar Refining Com- 

 pany, testified before the Industrial Commission that his company con- 



