on a par with going to the barbers of to-day for surgery, as was done before the development of the medical profession. Social science has become a profession, and to overlook that fact is inexcusable; as also it would be inexcusable to fail to provide for legislative counsel for the people's side of each legislative issue. For Congress to merely employ lawyers or lawyers who had had some legislative experience, would be on a par with taking surgical cases to the barbers. We lawyers and business men can advise the people as to business policies and other general programs, but we do not know as much about social science as is known by those who have specialized on it all of their adult life.

Several of the committees of Congress are employing counsel and the question is, "Shall provision be made for a classified service of legislative counselors, of even a higher grade, if possible, and a service that can be consulted by any committee of Congress and by any individual Member?"

This proposed system is practical, for in quite a number of the States of the Union it is in actual operation. Its two principal features are, first, the employment of social scientists; and, second, that individual members of a legislative body shall be free to consult these social scientists. Herewith are data upon these two points:

In New York State in 1890 Dr. Melville Dewey, the librarian of the State library, initiated the legislative reference movement, says Dr. Robert H. Whitton, in an address at a joint session of the National Association of State Libraries and the American Association of Law Libraries, July, 1909. It appears that Dr. Dewey appointed a legislative reference librarian in the State library and secured funds for a digest of the current legislation in all of the States of our Union, the digesting being done by social scientists. This was commenced in 1890 and has been continued to the present day. Beginning in 1901 the scope of the work was materially broadened and its usefulness greatly increased by the addition of an annual review of legislation. With this as a basis, the legislative reference bureaus of to-day, in charge of experts in the several fields of social science, are indexing reports from various sources showing the actual workings of the legislation, supplementing it with special reports by disinterested experts.

Also, the handling of statistics has become a profession. Wherever a State or National Government desires the collecting of accurate statistics it employs an expert to do it.

Likewise the drafting of bills is a profession and is provided for in the system I propose.

In addition to the work of the experts who compile and index the material in the legislative reference bureaus and the work of the expert bill draftsmen and the professional statisticians, it is necessary that the special knowledge of other experts shall be freely used if we are to secure efficient legislation. It is admitted that for the construction of a house we should employ an architect, and for the building of a bridge we should employ a civil engineer; but as yet it is not generally conceded that for the elaboration of statutes regulating the intricate relations of mankind we should employ experts in that particular field. There is a class of men and women who have devoted their lives to the study of the intricacies of social science, and it is they whom the legislatures and Congress should

employ to act for the people as investigators and counselors. In this work these social scientists are obliged to consult all other classes of experts and present their testimony at committee hearings.

I now present statutes from several States showing that various legislatures have recognized the distinction I have pointed out.

In 1907 the Indiana Legislature established a legislative reference bureau, and the act further declares:

It [the legislative reference bureau] shall be prepared to furnish to members of the general assembly, and under their instructions, such assistance as may be demanded in the preparation and formulation of legislative bills. (Laws, 1907, pp. 236,237.)

On the other hand, in Wisconsin, where the first legislative reference bureau in this country was elaborately established, the law was so worded that the members of the general assembly have been prevented from deriving all possible assistance, for one of the rules of the Wisconsin legislative reference bureau is that

The draftsmen can make no suggestions as to the contents of the bills.

This statement is in Senator La Follette's testimony before this committee; and the Senator proposes that Congress shall likewise prevent itself from being benefited by the knowledge which its bill draftsmen may possess. This limitation is in section 4 of the La Follette bill, and the Senator's testimony expressly states that it is so intended.

I submit that this limitation should not exist, and I point to the fact that in so far as I have been able to discover no State except Wisconsin has prohibited the legislative experts in its employ from aiding it in every possible way. Following are excerpts from laws in addition to the Indian statute, expressly stating that the legislative assistants shall aid the members of the general assembly in every possible way:

*

*

*

In Michigan the State librarian is directed to employ an assistantwho shall be a person trained in political economy and otherwise fitted to perform the duties of legislative reference librarian, as herein defined. * He * * also shall investigate the operation and effect of new legislation in other States and countries to the end that either house of the legislature or any committee or member thereof or any citizen of the State may have the fullest information thereon. He shall also give such advice and assistance to the members of the legislature as they may require in the preparation of bills and resolutions, and shall draft bills upon such subjects as they may desire. (Public Acts, 1907, pp. 405-406.)

The North Dakota law of the same year, 1907, page 382, says: The legislation of other States and information upon legal and economic questions shall be classified and catalogued in such a way as to render the same easy of access to members. * It shall be the duty of the librarian of the State library commission to assist in every possible way the members of the legislative assembly in obtaining information and the preparation of bills.

*

*

During 1907 a fourth legislature, that of South Dakota, established a legislative reference bureau, and it as well as the other three legislatures, refused to follow the Wisconsin example of denying itself the right to make full use of its legislative experts. The South Dakota

law says:

The State librarian *

*

* shall, as required, provide for the use of members

of the legislature such information and assist in drafting bills, and in every reasonable way make the division useful in the preparation of legislation. (Session Laws 1907, pp. 395-396.)

In 1909 the Texas Legislature established a legislative reference library and enacted that

the said assistant librarian shall give the members of the legislature such aid and assistance in drafting bills and resolutions as may be asked. (General Laws of 1909, p. 126.)

The same year, 1909, the Pennsylvania Legislature created a legislative reference bureau and instructed that

The director and his assistants shall, upon request, aid and assist the members of the general assembly, the governor, and the heads of departments by advising as to the bills and resolutions and drafting the same into proper form and by furnishing to them the fullest information upon all matters in the scope of the bureau relating to their public duties. (Laws of 1909, pp. 208-210.)

The following year, 1910, the Ohio Legislature established a similar bureau and provided that

* *

*

shall also furnish to members of the

The legislative reference librarian general assembly, under their direction, such assistance as they may require in the preparation and formulation of bills. (Laws, 1910, pp. 221, 222.)

Thus has legislature after legislature directed that the legislative experts whom it employs shall do their utmost to aid the members of the legislature in the discharge of their duties. My proposal is that the Congress of the United States shall not establish a "Bill Drafting Bureau" and thereby establish an overlord, the members of which can not even be asked to give their advice, but that we establish a "Corps of Legislative Investigators," who shall be experts in the new profession of social science and shall assist the committees of Congress and the individual members in every possible way-shall brief legislative issues, draft and revise bills and other legislative measures; and act as counselors. This would include, of course, the studying of the phraseology of each bill that is to be reported out by a committee.

THE LA FOLLETTE BILL.

The La Follette bill limits as follows the aid which Congress shall receive:

SEC. 4. That public bills, or amendments to public bills, shall be drafted or revised by the said bureau on request of the President, any committee of either House of Congress, or of eight Members of the Senate or of twenty-five Members of the House of Representatives.

These limitations against the individual Members is in addition to that of preventing the employees of the bureau from giving any advice. Furthermore, the La Follette bill does not contemplate the employment of social scientists, but of lawyers. Says Senator La Follette: "The first requirement for a draftsman is an accurate command of English. He should be an able lawyer and a master of legal diction." In my bill the requirements are that "said corps shall consist of two or more grades of experts in political science, political economy, and social science in general." (Sec. 6.)

My bill further provides that the length of the term of the employments for the assistants to Congress is from year to year; whereas the La Follette bill suggests that its chief employee, who is to draft bills and receive $7,500 per year, shall hold office for 10 years unless his dismissal is recommended by the Judiciary Committee of both Houses of Congress, acting jointly, and the President of the United States shall

choose to dismiss him. (Sec. 2.) Nor is this all. The assistants in the bureau that is to serve Congress are all to be appointed by the chief draftsman, and he alone can discharge them. Thus a veritable overlordship would be established.

This proposal to Congress is entirely out of harmony with democratic ideals. It is a proposal to engraft upon our free institutions a bureau that is used only where the English cabinet system of parliamentary government is in operation. The few men in the English Cabinet are the ruling power. Their will is supreme in the Commons until they can no longer secure the support of a majority; and when a new cabinet is formed it becomes the ruling power. A much more democratic system prevails in the progressive countries upon the Continent. There, as here in the United States, the majority in the House of Representatives are at liberty to change the items in the revenue bills and in other purposed legislation. Naturally, under the English system the drafting of bills is centered in a bill-drafting bureau; and Senator La Follette proposes that our American Congress, the members of which are the only ones who can introduce bills, shall erect a bill-drafting bureau, and shall not be aided by a corps of social scientists for the briefing of legislative issues and to serve as legislative

counselors.

I herewith suggest two short bills upon which we all can agree, I believe. These bills are the outcome of researches upon this general subject and the general discussion.

A BILL To establish the Corps of Legislative Counsellors and Investigators, and to maintain the said corps until June thirtieth, nineteen hundred and fourteen.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That there is hereby established a body of assistants to the committees of Congress and the individual members, to be known as the Congressional Corps of Legislative Counselors and Investigators. The duties of the members of said corps shall be to assist the said committees and Members in every possible way, under rules to be prescribed by concurrent action of the Senate and House Committees on Library. So far as shall be practicable these assistants shall be experts in political science, political economy, and social science in general.

SEC. 2. That there shall be two chiefs, one for each house, to be chosen by the majority thereof, at a salary of $5,000 per year. Under like conditions there shall be two first assistants as a salary of $4,000 per year. The number of other assistants and the rate of salary shall be determined from time to time by the two Houses acting separately, the payment for the services to be from the contingent fund of the House ordering the service except as otherwise provided by law; Provided, however, That the two Committees on Library by concurrent action may authorize the minority party in Congress to employ one or more assistants to aid the said minority in presenting its views concerning the issues in Congress.

SEC. 3. That the said corps shall have quarters conveniently adjacent to both the Chamber of the Senate and the Hall of the House of Representatives, and shall be supplied with office equipment and with such stationery, printing, and binding, as may be necessary to carry out the purpose of this Act. Mail matter of a public nature shall receive the franking privilege.

SEC. 4. That for the payment of the expenses of the corps from the time it is started until June thirtieth, nineteen hundred and fourteen, there is hereby appropriated out of any money not otherwise appropriated the following sums, for the salaries of the two chiefs and two first assistants, $1,500 a month; for office equipment and supplies for the entire corps, $1,500; for stenographic help for the corps, translators, copyists, and two messengers, the sum of $6,000; and for one or more assistants to the minority if authorized by concurrent action of the Senate and House Committees on Library a sum not to exceed $900 per month.

EXPLANATORY.

-Especially note that in the above proposal the number of helpers in the congressional corps of legislative counselors and investigators is to be decided from week to week by each House for itself. If one of the Houses needs help and needs it sufficiently bad to pass a resolution for the employing of the help, it can do so. That is the existing plan. After a time, doubtless, the payment for the services of such of the helpers as are needed throughout the year, in addition to the chiefs and the first assistants, will be provided for in one of the regular appropriation bills.

As concerns the cost, the establishment of the corps of legislative experts will actually amount to a large saving to the taxpayers. each year. For example, the establishment of an improved budget system, one that is adapted to our congressional committee system for reporting appropriations, will result in an immense saving. And there is the needed reform in the procedure for private bills. Our reformed Congress is in duty bound to quickly adjust the legislative system. so as to protect the people's interests. The machine rule era, wherein the people's interests were ignored, is passing away. One of the first steps is the supplying of legislative counselors and investigators to present the people's side in every case. Members of Congress are the jurors in each case. the issue being a contest between the lobbyists and the people, and we should provide the people with counsel. In that way the exact facts in each case can be presented. The lobbyists are interested parties, and therefore can not be expected to present the people's side of the several cases.

A further provision in my bill is that

The two Committees on Library by concurrent action may authorize the minority party in Congress to employ one or more assistants to aid the said minority in presenting its views concerning the issues in Congress.

And the section providing appropriations says:

And for one or more assistants to the minority if authorized by concurrent action of the Senate and House Committees on Library a sum not to exceed $1,000 per month. This sum per month would employ one first-class counselor for the minority in each house, assisted by a helper at $75 per month.

I believe that the minority party should have given them this assistance for two reasons: First, because the majority should invite the closest criticism while yet the bills are in committee. There is where the minority should present its views and by the force of their arguments secure as many concessions to its way of thinking as possible. Second, in order that the minority may be in a position where it can do this in the best possible manner it should be assisted by a counselor whose whole adult life has been devoted to social science, and who believes in the minority's viewpoint as to the direction and the manner in which the social organism should develop, and who is not called upon to act as a juror as are the minority in Congress.

Here a leading factor is the counselor's belief in the minority's idea as to what it conceives to be the proper direction in which the social organism should advance, and the manner of making the advance. Some social scientists believe in the policies advocated by the National Progressive Party; some believe in the policies advo