of them were made after the senate had passed a joint resolution asking the secretary of state to inform the legislature how many lobbyists had registered. Another provision of the Ohio law which requires lobbyists to file expense accounts showing the expenditures made to influence legislation has not been of any value; a perusal of the expense accounts which have been filed shows that in every case the lobbyists have said, "received nothing and spent nothing." It can thus be seen that the Ohio law has not been carefully enforced and has not eliminated the evils which accompany unrestricted lobbying.

In New York, where there is a good law on the subject, some of the most flagrant cases of sinister lobbying can be found. Early in the 1927 session a member of the legislature complained that a lobbyist actually stood beside the clerk and checked up to see how the various members voted on a proposition in which he was particularly interested. It is very well known at Albany that lobbyists do practically as they please, ignoring at least the spirit of the lobbying law. From the point of view of wording, the New York law is a good measure, but it has by no means been sufficient to cope with the problems presented by the presence of innumerable lobbyists.

The Wisconsin law, which is one of the most thoroughgoing and stringent in the country, forbidding, as it does, all influencing of members except by means of public testimony or statement, has in general been successful. The attorney-general reports that there have been no prosecutions under the law. It has been complied with very generally and no one attempts to appear before the legislature or to engage in lobbying without registering and complying with the terms of the act. The law seems to be not only a good one, but also effective.

If it were necessary, it could be demonstrated that in other parts of the country the laws on the subject have not worked out as satisfactorily as a reading of them would indicate. The experience, therefore, which the various states have had with lobbying laws hardly indicates that the problem of regulating lobbying has been solved, or is even under reasonable control. The anti-lobbying laws are thus like many other laws which have been placed on the statute books only to be forgotten and never to be enforced,

Of course it is far easier to state the evil than to suggest the remedy. But if legislatures really intend to regulate lobbying in an effective way, they should have no more difficulty with this subject than with a number of others for which they have already legislated effectively. In any event, the enforcement provisions of the law should be carefully drawn, for the value of the law depends almost entirely upon the effectiveness of its enforcement. Some person must be made responsible for the enforcement of the law, because what is everybody's business is nobody's business. Furthermore, it might be wise to give some proper official the power to demand under oath, before a measure finally becomes law, a detailed statement concerning the methods used and the money spent on that measure. This provision would make enforcement more effective and would tend to deter improper practices, because of the fear of publicity. Publicity is the weapon which seems most likely to accomplish the defeat of all activities inimical to the public interest. Consequently, whatever will bring lobbying out into the open, or will throw the light of publicity upon it, should be attempted.

It is also a matter of importance to indicate properly what is meant by the term "lobbyist." It is an essential part of any good statute, whenever there is the least doubt, to define the terms included in it, and since there is considerable difference of opinion about the term "lobbyist," a definition is very necessary. Some state laws neglect to do this, and the omission is quite serious, because unless the law definitely states what constitutes lobbying, all those who attempt to influence legislation will claim that they do not come within the terms of the act-that someone else was intended. The law thus becomes useless and soon is relegated to the legislative scrap heap. Consequently, a careful definition seems necessary to a good lobbying statute.

Finally, the general provisions regarding registration, filing of expense accounts, and prohibition of contingent compensation should be included in a good law. No law thus far is really effective in regard to filing expense accounts. The trouble is that the expense accounts, if filed at all, are made public too late to affect the legislation for which money may have been expended. It is likely that a period of one week only should be allowed for filing expense accounts after the legislature has adjourned. Thirty days is too long a period, because in most cases it does not even permit the governor to veto a bill, by reason of excessive expenditures in its behalf, in time to count.

Although lobbying flourishes at Washington, Congress has not seen fit to regulate it. Scarcely an important bill passes without some complaint being made that a highly paid lobby has unduly interfered with its enactment. Congress is thus lagging behind Te states in the matter of regulating lobbying, even though, as has been pointed out, the mere existence of a law does not ensure the elimination of all evils connected with the practice. Perhaps, after all, we should agree with the farmer who suggested that the only way to keep track of lobbyists is to require them to wear yellow ties. It is certain that mere legislation has its limits, and until a legislature can be found all the members of which refuse to have any private dealing with the representatives of special interest, it is likely that some of the most sinister forms of lobbying will continue. Few lobbyists, for instance, object to being registered, because this requirement does not prevent them from influencing legislators; and the experienced lobbyist can work effectively even though barred from the floors of the houses. But, even so, a good lobbying law places the legislature in a strong position to protect itself from the assaults of privilegeseeking agents, and tends to penalize those who are trying to live on its favor.

b. The Wisconsin Anti-Lobbying Law

[Wisconsin Statutes, 1925, vol. I, pp. 2279-2281.]

346.19. Any person who shall, directly or indirectly, give or agree or offer to give any money or property or valuable thing or any security therefor to any person, for the service of such person or of any other person in procuring the passage or defeat of any measure before the legislature or before either house or any committee thereof, upon the contingency or condition of the passage or defeat of such measure, or who shall receive, directly or indirectly, or agree to receive any such money, property, thing of value or security therefor for such service, upon any such contingency or condition, or who, having a pecuniary or other interest, or acting as the agent or attorney of any person in procuring or attempting to procure the passage or defeat of any measure before the legislature or before either house or any committee thereof, shall attempt in any manner to influence any member of such legislature for or against such measure, without first making known to such member the real and true interest he has in such measure, either personally or as such agent or attorney, shall be punished by imprisonment in the county jail not more than one year or by fine not exceeding two hundred dollars.

346.20. Every person, corporation or association which employs any person to act as counsel or agent to promote or oppose in any manner, the passage by the legislature of any legislation affecting the pecuniary interests of any individual, association or corporation as distinct from those of the whole people of the state, or to act in any manner as a legislative counsel or agent in connection with any such legislation, shall, within one week after the date of such employment, cause the name of the person so employed or agreed to be employed, to be entered upon a legislative docket as hereinafter provided. It shall also be the duty of the person so employed to enter or cause to be entered his name upon such docket. Upon the termination of such employment such fact may be entered opposite the name of any person so employed either by the employer or employe.

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346.21. The secretary of state shall prepare and keep two legislative dockets in conformity with the provisions of sections 346.20 to 346.26, one of which shall be known as the docket of the legislative counsel before committees, and the other as the docket of legislative agents. In such dockets shall be entered the names and business address of the employer, the name, residence and occupation of the person employed, the date of the employment or agreement therefor, the length of time that the employment is to continue, if such time can be determined, and the special subject or subjects of legislation, if any, to which the employment relates. Such dockets shall be public records and open to the inspection of any citizen upon demand at any time during the regular business hours of the secretary of state.

346.22. No person shall be employed as a legislative counsel or agent for a compensation dependent in any manner upon the passage or defeat of any proposed legislation or upon any other contingency connected with the action of the legislature, or of either branch thereof, or of any committee thereof. No person whose name is entered on the docket of the legislative counsel shall render any service as legislative counsel or agent otherwise than by appearing before a committee, or by giving legal advice in the case of regular legal counsel of corporations or associations, unless his name is also entered on the docket of legislative agents.

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346.23. Legislative counsel and agents required to have their names entered upon the legislative docket shall file with the secretary of state within ten days after the date of making such entry a written authorization to act as such, signed by the person or corporation employing them.

346.24. Within thirty days after the final adjournment of the legislature every person, corporation or association, whose name appears upon the legislative dockets of the session, shall file with the secretary of state a complete and detailed statement, sworn

to before a notary public or justice of the peace by the person making the same, or in the case of a corporation by its president or treasurer, of all expenses paid or incurred by such person, corporation or association, in connection with the employment of legislative counsel or agents, or in connection with the promoting or opposing in any manner, the passage by the legislature of any legislation coming within the terms of section 346.20. Corporations and individuals within the provisions of sections 346.20 to 346.26 shall render such accounts in such form as shall be prescribed by the secretary of state, and such reports shall be open to public inspection.

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346.26. Sections 346.20 to 346.26 shall not apply to any municipality or other public corporation.

346.27. It shall be unlawful for any person employed for a pecuniary consideration, to act as legislative counsel or legislative agent, as defined by sections 346.20 to 346.26, to attempt personally and directly to influence any member of the legislature to vote for or against any measure pending therein, otherwise than by appearing before the regular committees thereof, when in session, or by newspaper publications, or by public addresses, or by written or printed statements, arguments, or briefs, delivered to each member of the legislature; provided, that before delivering such statement, argument, or brief, twenty-five copies thereof shall be first deposited with the secretary of state. No officer, agent, appointee, or employe, in the service of the state of Wisconsin, or of the United States, shall attempt to influence any member of the legislature to vote for or against any measure pending therein, affecting the pecuniary interests of such person, excepting in the manner authorized herein in the case of legislative counsel and legislative agents.

346.28. It shall be unlawful for any person employed for a pecuniary consideration, to act as legislative counsel or legislative agent, as defined by sections 346.20 to 346.26, to go upon the floor of either house of the legislature, reserved for the members thereof, while in session, except upon invitation of such house.

138. LEGISLATIVE REFERENCE BUREAUS

Because of the increasingly complicated conditions of modern legislation, it is now widely recognized that there should be maintained at the state capital an expert agency to assist the legislature in drafting bills and collecting information needed in the work of legislation. The vicissitudes through which these agencies have gone and their present status are described in the following selection.