The members cannot examine them critically. to be affected. They come from the Legislature in such bulk and numbers that their proper consideration is impossible, even on the part of the committees which have them in charge, whose duty nominally it is to digest, examine, study and have hearings upon every measure which is submitted to their care. No reflection is intended to be made upon the committees or their members for the non-performance or partial performance of a duty which has become too onerous for human possibility. When presented to the Senate or Assembly, and placed upon the files of members in printed form, they are presented with so little method as to procedure, when they are to be considered on second reading or in committees of the whole, that it is practically impossible for even the best informed and most industrious legislator to understand what changes are being made in the existing law, or to keep himself so informed as to the major part of the legislation, during its passage in the Senate or Assembly, as to exercise a deliberate judgment before he votes. It is no exaggeration to say that it is physically impossible for him to even read the contents of his files during the session, in addition to the performance of his other duties. The consequence is that usually each member takes an active personal interest in the bills which come from his own constituency, and sometimes takes an interest in the general bills which come before the legislative bodies, and, as to the remainder, constituting the vast majority of the bills, is compelled, in the language of Senator Edmonds, to enact, by his vote, the measures into laws "in the hope that fortune rather than time, study and reflection will take care that the public suffer no detriment." This Commission invited the opinions of persons of large legislative experience, and at several sessions have been favored by their attendance and their views. There has been a general agreement with the views of the Commission on the part of those who have been thus invited and attended, that to secure better legislation in the future it is necessary to methodize and improve legislation in the following particulars: local bills. First. That all private and local bills, including bills which Private and relate to municipalities, shall be filed either before the beginning of the legislative session or within thirty days before their presentation to the Legislature, unless the Governor of the State takes upon himself the responsibility of making a special recommendation of urgency; and that each bill shall be accompanied with proof that a notice was duly published or personally served, or both, as the circumstances of the case may require, on every interest which may be affected by such legislation. Second. objections. That the petition for such legislation shall set forth The opits general scope, object and utility. This petition may be anportunity for swered in writing by any adverse interest. Such petition, and one or more answers which partake of the nature of pleadings in a civil suit, shall be filed with the bill, and these petitions and counter-petitions, duly signed, shall accompany each bill of this character during the whole of its legislative progression. Third. laws. That Committees of Revision, both Senate and The reviAssembly, should have their powers enlarged for the considera- sion of the tion of all measures, both public and private or local, and that each of such committees shall be assisted in its labors by a lawyer of at least ten years' standing, with an adequate salary to insure proper talent, who shall have such assistants as may be necessary. These committees to act as advisory committees for redrafting bills, and for recommendations as to their effect, with suggestions as to their operation upon the general body of the law, and to point out constitutional or other defects. Such counsel to be appointed by the Governor, Lieutenant-Governor and Speaker of the House, for a fixed term. Fourth. That a day calendar shall be printed one day in advance and distributed among the members. measures. Fifth. That general public measures should be referred be- Public fore passage to the Commissioners to Revise the Statutes, to report upon the effect of such measures and their place in the body of the statute law. Expenses shared by interested parties. Adminis trative measures. Sixth. That committees of the Legislature should be empowered to take testimony. Seventh. That every committee should be required to report the private and local bills which have been submitted to it, with the reasons for its action, within a certain number of days after the bill has been committed to its care. Eighth. - That some of the Senate Committees should be enlarged, particularly such committees as have imposed upon them the most onerous duties of the legislative session, such as the Committee on Cit es, the Committee on Finance, the Committee on Judiciary. Ninth. That a proportionate share of the printing expenses incident to a legislative session, which amounted, during the last session, to the sum of $200,000, should be borne by the parties interested in the bills, and in whose interest and at whose request legislation is considered, particularly monied corporations, stock corporations or private individuals. Tenth. The general laws should be completed as rapidly as possible, and all public statutes should be incorporated into them or into one of the Codes. Eleventh. That all bills amendatory of the general laws, or of the Code, should refer briefly in their title to the general subject to which they relate. Twelfth. - That all amendments to City Charters or to the general municipal incorporation laws should briefly state in the title he subject of the sections of the Statute which are proposed to be amended. Thirteenth. That with reference to every bill affecting any department of the state government, or the general administration of the law subject to the supervision of such department, notice thereof shall be given to the head of the department having the administration of such subject under his supervision, and an opportunity afforded him to be heard before the bill is reported or passed. 185. The Legislative Committee of Inquiry Owing to the complexity of the problems which the modern legislature is compelled to meet, it has become a common practice to appoint special committees to investigate specific problems and report either suggestions for legislation or complete laws covering certain topics. This practice is illustrated by these extracts from a report of a joint committee appointed in New York to inquire into the subject of highway improvement: To the Senate and Assembly: The Joint Committee of the Senate and Assembly, appointed pursuant to a concurrent resolution duly adopted May 29, 1907, submits the following report: The resolution directed the Committee to inquire into the subject of the methods of construction of improved highways and the maintenance and repairs of all highways in the State, together with the general subject of a proper development of the whole system of highway improvement in the State, and whose duty it shall also be to revise and amend the highways laws, and to report to the next Legislature on or before February 15, 1908, the result of said investigation, and revised Highway Law, together with any other bills necessary to carry into effect the recommendations of the general committee. The Committee organized July 24, 1907, by electing Jotham P. Allds as chairman, Charles R. Hotaling as sergeant-at-arms, Mrs. J. L. Murray a stenographer, and authorized the employment of Frank D. Lyon and Frank B. Gilbert to assist in the revision and codification of the Highway Law and also voted to dispense with counsel other than the employment of the assistants upon the revision and codification. Creation committee. authorities at the The Committee began its public hearings at the council chamber Local in the city of Buffalo upon October 14, 1907, and closed its hearings in the city of New York on December 30th, having held hearings. hearings at Buffalo, Rochester, Syracuse, Utica, Watertown, Albany, Newburgh, and New York, and having given to the clerk and chairman of the board of supervisors of each county in the The present law on highways examined. The laws of other states State due notice of the time of the several hearings and having offered an opportunity to be heard to the public officials of each county in the State, other than those whose whole territory was within the limits of a city. The committee was attended upon by the county representatives, including the chairman of the board, and county engineer, where the same existed, and the chairman of the committee on good roads. In many instances the full board of supervisors of the respective counties were present and all of the counties affected by the subject were heard in person except that in a few instances they communicated with the Committee in writing and in two instances only were the counties not represented owing to the fact that the address of the clerk of the board of supervisors was defective and the notice of the hearing in that locality was later returned to the chairman of the Committee by the post office department as undelivered. Before commencing its public hearings, the Committee consulted with the State Engineer and Surveyor as to his views of the present condition of the Highway Law in this State so far as the same related to the general repairs of all the highways of the State and also as to the working of the present statutes for the improvement of main highways and the maintaining of the same and he not only expressed to us his views as to the general plan and scope of hearings, but at several hearings we were attended by a representative of his office and thereby received many valuable suggestions. The joint resolution requires your Committee first, to investigate investigated. and report upon the methods of a proper development of the whole system of highway improvement; second, to provide for construction and maintenance, and third, to completely revise and codify the present Highway Law. We therefore felt it incumbent upon us to secure the fullest expression of the views of the local officers of every section of the State; to examine the statutes so as to determine the methods adopted in European countries and in the sister States of this country and, finally, we determined to obtain the views of the State Grange and secure the testimony of the |