Εικόνες σελίδας
PDF
Ηλεκτρ. έκδοση

A. J. Small. Fortunately, Mr. Small's successful experience as law librarian and his practical knowledge of the needs of legislators have combined to make the legislative reference work in Iowa most efficient and helpful - excelling in certain directions the more pretentious activities in other States. There is, however, a distinct need of more definite organization for the work, which should be supported by more adequate appropriations.

SCIENTIFIC RESEARCH

It is not enough, however, to discover, collect, and systematically catalogue data and information relative to the subjects of contemporary legislation: alcoves of statutes and public documents, shelves of reports, heaps of pamphlets, and exhaustive bibliographies at times seem only to increase the embarrassments and difficulties of the law-makers. What is needed also is a careful sifting of materials, a critical analysis of data, a scientific interpretation of facts. And so, scientific research becomes a necessary agency in unlocking these vast stores of legislative information.

In dealing with questions of legislation scientific research involves (1) the careful and impartial investigation of all the sources of information; (2) the expert interpretation of all the facts; (3) the expert definition of the standards of regulation, of legisla

tion, and of administration; and (4) the application of these standards of legislation and administration to existing needs and conditions.

Manifestly research is not only the most vital but also the most difficult and exacting phase of Scientific Law-making. To properly sift the materials, analyze the data, and interpret the facts requires much time and no little training: it is the business of experts. Moreover, it takes an experienced researcher anywhere from one to six months to work through a single subject. Since it is impracticable for many members of the State legislature to engage in such extensive scientific researches, this work should be done by trained experts - frequently in advance of the session.

In Iowa the State Historical Society has in recent years assumed the function of legislative research that is, this Society has undertaken systematic scientific researches in the field of contemporary legislation and has published the results of such researches under the title of "Applied History." Moreover, in 1913 the General Assembly voted appropriations for the continuation of these researches and publications.

Back of the Applied History contributions to current legislation are the more exhaustive researches of the State Historical Society of Iowa in the political, economic, and social history of the Commonwealth.

Indeed, such volumes as the History of Labor Legislation in Iowa, by E. H. Downey, the History of Taxation in Iowa, by John E. Brindley, the History of Work Accident Indemnity in Iowa, by E. H. Downey, the History of Road Legislation in Iowa, by John E. Brindley, the History of Poor Relief Legislation in Iowa, by J. L. Gillin, the History of Social Legislation in Iowa, by John E. Briggs, and a score of monographs on the political history of Iowa are the forerunners of the Iowa Applied History Series.

EXPERT BILL-DRAFTING

The final stage in the process of Scientific Lawmaking is the expert drafting of bills. All the legislative reference in the world combined with scientific research will not produce satisfactory laws if bills are not properly drawn. Bill-drafting is not a simple matter: it requires a technical knowledge of law and of judicial decisions, an acquaintance with methods of accomplishing the revision and amendment of statutes, an appreciation of the importance of precision in the use of terms and phrases, as well as great skill in the use of the English language. It would be amusing if it were not so serious and embarrassing to give illustrations of legalized blunders resulting from poorly drawn statutes.

For the sake of uniform and scientific legislation the General Assembly should make provision for ex

pert bill-drafters for the assistance of legislators or others engaged in proposing legislation. These expert bill-drafters could be attached to the staff of the legislative reference department or bureau. Such men are difficult to find, but their services are invaluable. They would save the time of the legislator and prevent subsequent litigation. Moreover, carefully and accurately drawn measures would prevent that flood of amendments which inevitably follows the enactment of poorly worded statutes.

The first volume of the Iowa Applied History Series appeared in 1912. Through an act making appropriations to The State Historical Society of Iowa, the Thirty-fifth General Assembly in 1913 provided "for the continuation of applied history researches and publications." It is in accordance with the provisions of this act that the present volume is issued by the Society.

In view of the fact that the definition and meaning of "Applied History" was discussed in the Editor's Introduction to volume one of the series, no further explanation of the term is called for in this connection. Indeed, the meaning of Applied History is best revealed in the papers which appear in this and the preceding volume.

1

Volume one of this series contained the following papers: Road Legislation in Iowa by John E. Brindley; The Regulation of Urban Utilities in Iowa by E. H. Downey; Primary Elections in Iowa by Frank E. Horack; Corrupt Practices Legislation in Iowa by Henry J. Peterson; Work Accident Indemnity in Iowa by E. H. Downey; and Tax Administration in Iowa by John E. Brindley. These subjects, it will be seen, are either political or politico-economic in character.

The present volume contains ten papers dealing with questions which are either political or politicosocial in content. Reorganization of State Government in Iowa by Mr. Horack, Home Rule in Iowa by Mr. Patton, Direct Legislation in Iowa by Mr. Van der Zee, Equal Suffrage in Iowa by Mr. Horack, Selection of Public Officials in Iowa by Mr. Peterson, Removal of Public Officials in Iowa by Mr. Patton, and The Merit System in Iowa by Mr. Van der Zee are chiefly political in character. On the other hand, it will be noted that Social Legislation in Iowa by Mr. Briggs, Child Labor Legislation in Iowa by Mr. Haynes, and Poor Relief Legislation in Iowa by Mr. Gillin are social as well as political in content.

For early distribution a small edition of reprints of each of the papers included in this volume was issued. Besides compiling the index, Assistant

« ΠροηγούμενηΣυνέχεια »