Page:The Green Bag (1889–1914), Volume 18.pdf/96

 DEPARTMENTS OF GOVERNMENT from any quarter for this once indispen sable legislation. How soon we forget. I can conceive of nothing better calculated to kindle that wrath and fan that flame than this foul deed, and. yet this "consuming flame" fiercely and quickly burned itself to ashes that have long since been scattered by the four winds of heaven. I have no doubt we legislate overmuch. The fact that Legislatures are in session seems to involve the idea that they accomplish nothing unless they branch out in various and new avenues of legislation. The tendency of our system is to encourage the idea that an act of the Legislature is the panacea for every ill to which the body politic is heir. We are prone to disregard the fact that there is a zone controlled by natural law, immutable prin ciples, in which legislation is either inoper ative or disastrous. The line of demarcation exists, though it may be incapable of precise delimitation. There is a too much prevail ing impression that the enactment of a law accomplishes the desired result, regardless of the fact that unenforced law is little better and oftentimes worse than no law. Popular energy is too often exhausted in procuring the enactment of law, and noth ing is left to compel its enforcement. Effec tive, thorough, and continuous enforcement of existing legislation would probably render unnecessary a large portion of the new legislation persistently clamored for and result in the repeal of much ill-conceived legislation. For instance, what occasion is there for more drastic penalties, when exist ing moderate penalties have not been im posed? Additional machinery is not needed until the inefficiency of the existing machin ery has been demonstrated. Attention should be called here to a most vicious practice of loading up appropriation bills with all kinds of legislation, civil and criminal, public and private, in its char acter, that now obtains in the United States Senate. Through senatorial courtesy any thing, "fish, flesh, or fowl," can be tacked on to an appropriation bill.

"No money shall be drawn from the treasury, but in consequence of appropria tions made by law." (Con., Art. I, sec. 9, P. 70 And appropriation bills must therefore pass or the wheels of government cease to revolve. Many a bill or job that could not otherwise receive favorable action rides comfortably, serenely, and securely along on its appropriation vehicle. Very little of such legislation ever receives any consider ation at the hands of a committee. During the last two Congresses 574 actsof public, permanent legislation were passed, and 176, or thirty percent of these, were carried through on appropriation bills. This indicates the extent of the abuse. The original act conferring exclusive juris diction over navigable waters on the Secre tary of War, giving absolute and unlimited control over weirs, wharves, bridges, and other structures in and over navigable waters, under which autocratic powers are exercised, affecting property rights millions in value, rode through on an appropriation bill without having been referred to or considered by any committee. As original propositions they would be ruled out of order in the House. The Senate does not hesitate to vote them in order, the rules to the contrary notwithstanding. It is the cause of more unwise and vicious legislation than all other devices combined. Abuses are so inevitable that this practice should be abandoned, and the House would be justified in resisting such amendments in a matter of public importance, even though an appro priation bill failed and an extra session became necessary. If Congress passed only the appropriation bills during a session it would do well; as it is well to remember that since the days of Hampden and Pym the power of taxation and the expenditure of the taxes raised has always been deemed essential to the preservation of the liberties of the people, and the proper exercise of that power alone is the discharge of the highest and most important constitutional