Page:The Wisconsin idea (IA cu31924032449252).pdf/245

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THE LEGISLATURE
221

which are nothing more than compiled statutes, filled with innumerable restrictions upon the action of the legislator. He is restrained in every way by the federal constitution, by his own state constitution and by the hundreds and hundreds of cases interpreting nearly every word and phrase in every law. Is it any wonder that there is a cry that the supreme court is usurping legislative functions and is defeating the will of the people? Does it seem right that our legislative opinion should be moulded by private interests because they alone know how to present their case? Does it seem right that the only help which the legislator receives in his great need is that of the people who are seeking gain from the very laws he is making and who are trying to prevent the making of effective laws?

A committee is often a judicial body. It sits in judgment upon private bills. It gives rights and franchises that make men wealthy or deprive men of their property. Yet this court hears often but one side of an argument and has no means of investigating the truth or untruth of a single statement made. Not only that but it is subjected in its determination to a hundred influences to which no judge is subjected. Would we permit such a state of affairs in our private business? Would we tolerate it in our judiciary? Why, the powerful interests do not have to resort to bribery! Their experts can win by the irresistible force of argument