The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1871-02-22

81 onns,itntion of this State The CHANGES
snooested were so numerous and radical i'll
Their character, that the almost universal re-
snopse from the press aud people was for a
convention to revise, instead ola tempting such
extensive amendments, aud when movement
was.made in the other branch in this direction,
not wishing it TO go to the committee on
bare order, submitted bill providing for the
calling of such convention.
The question has since arisen, as to the au-
thority of the legislature to call a.conyenlion,
one OF our most eminent juds es believing that
we have that power, another who has given it
attention, being equally confident that we
lave not. AS it would be very unfortunate to
have any fee ing of doubt connected with so
important movement, and believing that
the Years delay which it would occasion
would be favorable for more thorough DIS
cusson of the subject by the press, and would
probably lead to a calmer and clearer express
sion OF the views OF the people, called the
attention of the committee to such facts as
had come to my knowledge, and requested
them. instead of the bill which had been sub
mtted to them, to lepNt an amendment to the
constitution giving the necessary power to
call such a convention. l wish now to SUBJ
nit a few remarks upon the general question
OF revising the constitution, as being the most
practical manner OF discussing the merits of
the proposed amendment which is the ques-
ton really before us.
This question of revising or amending the
constitution, is one of deep interest to the
people of this State, 1t is no trfling matter to
set aside or modify that which thas been the
primary law and the foundation for the legis-
lation OF this common wealth for two genera
tons. The present constitution dates back to
our commencement as State. Whatever of
| advancement we have made, our increase in
Knowledge, wealth, and numbers, and our
| standing among the sister States OF this Re-
| public, shas all been accomplished under the
| authority and provisions ,Ot this instrument.
| Well has it served US thus tar, and good aud
| sufficient reasons must be advanced before the
| people will consent TO abandon or materially
| modify it. And it is matter of no small mo-
ment to attempt to frame an instrument
| which shall provide for the present and pro-
specLive wants of the State for tperhaps fifty
| years to come. If change is made in our con
| slitution 1t will undoubtedly be decided and
radical one, SO uast and far reaching would be
The influence tor good or evil which such a
change would produce; that it would be at
tended, in my own mind, with feeling Of re-
spoons biiity which does not attach to the pas
sage OF common laws. Never in the history
OF our State was there time which more i'm
peratively demanded wisdom, tirmness OF pur-
| pose, enlightened and iar-seeing statesman
| ship and generous abandonment OF party
present time and for this particular purpose.
He who would advocate such change, mere
| ly tor the excitement attending a change, Tor
| the purpose of gaining briet notority Tor any
| personal aggrandizement or selfish views
| whatever, is not worthy to be called a citizen
| of the Stale, nor can we regard as any more
| deserving, he who from timidity, anticipated
difficulties, or absurd prejudices refuses his aid
| in this work. There is very general feeling
| of veneration for that which is old, which has
| the authority OF age and the sanction of the
| fathers, and especially so in the case of con-
stitutional law. 1t is a kind OF sentimental
feeling with which can sympathize to quite
an extent, but 0e need something beside SEN
| timent, however pure and refined it may be
| to enable us meet the duties and solve
| the problems of the present hour. Tue men
| OF to-day are terribly in earnest and they deal
| with living issues. And while fine sentimen-
tai feeling smay be supposed to be an honor.to
| our hearts, it is not aWasS safe to allow them
to quiet our interests. The toys, amusements
and regulations OF the nursery were laid aside
| when we entered in earnest upon the real
| duties of lie, not from any inherent wrong in
| themselves but because they tailed to meet the
| wants OF matured manhood, and if any di-
| rection we have ougrown the provisions OF
| our constitution, no sentimental feeling
| should prevent our changing and adapting it
| to the wants OF the present time. The popu.
lation OF this State at the adoption OF the pres.
ent constitution was 29S, 1886. in 1870 it was
626,695; valuaiions $2O,96277S. In report
| submitted by the authorities OF the State to
the department Of the interior in 1868 it was
| estimated at 1914 ,035 900 on a gold basis, or
more than seventeen times larger than in
| 1870. The number of polls 59,36S against
| l3O,3O7 in 1860. The amount invested in
| manufactures have not been able to ascer-
tain, but it must have been very small, while
in 1858 it was $Sl ,2S7 ,695. There was not
| mile OF railroad at that time in the State
There is to-day 100 miles costing $22,OOO,OOO
OF 81, 100000 more than the original value of
the whole State.
These statistics are sufficient to place the
condition and wants Of the State in 1920 in
striking contrast with those 1S71.-And-
while the present constitution may have met
every want OF those early days, and was an
honor to those who framed tits provisions are
very inadequate to the wants OF the present
| time. Permit me to call attention to some of
the changes which [ regard as necessary or
desirable saying first, that there is no necrss-
ty for any change in the declaration OF rights.
Human rights which are the same in all ages
whether recognized or not. are plainly and
definitely set forth in his instrument
The first change will suggest as being nee
essdry Is some constitutional Restrictions in
the form OF legislation. All vino have had lIeg-
islative experience are aware that many
abuses creep in under suspension oil the rules,
and nasty legislation, especially near the close
OF Inc session many bill is passed without
division, which could not have become a
law had the vote been taken by yeas and
nays. 1t is urged as an objection that it would
make legislation lengthy and tedious. But it
is an old and sound maxim, that whatever is
worth doing at all is of sufficient Importance
to demand that it shall be done well.
SECOND.-Ihe prohibition of all snacia1
legislation. At the last session 745 acts and re-
solves Were passed, more than one half of
which We're private and special laws. 1t has
been su gges!ed that tn $ could be done by
general law, without a change OF the consti-
tuition this might be the case to some extent,
but it would never become general, and there
is great danger that such general laws would
be modified, suspended or repealed cnder the
influence OF powerful lObb
THIRD-To provide for biennial elections.
and biennial sessions of the legislature. The
reference made TO this subject by the Govern.
OR in bis message, and his suggestion of the
saving it would make in the expenses of the
State, has been received with much marked
approval by the press and people. That there
can be no question but what such a provision
will be incorporated into the revised constitu- |
tiop and with such provisions in regard to |
special legislation as has been adopted recent |
ly in other States our biennie sessions would |
Lot be as lengthy as our annual sessions now |
are.
FOURTH 1.-The adjustment of the council /
and substituting State auditor therefor. |
While believe this would be received with |
favor by the people, it would involve so many |
other changes in tbe3 operations OF this gov
eminent, that it would only be practical in |
case OF general revision OF the constitution. |
FIFTH.-To provide for minority represen. |
tatlOn, l mention This as SOmpthinU | fhinL
desirable, and a fit and proper change to be
made, though it is very doubtful if the people
of this State are yet prepared to accept this
measure.
SIXTH-Some constitutional provisions in
regard to the important interest of education.
Fifteen printed lines and very general in their
character is all the recognition the constitu.
ton now gives to the subject of education.
SEvENTH.-To prohibit or regulate NUM-
cipal authorities granting aid to, or taking
stock in private corporations. l should be-
glad to see constitutional provision prohib-
ting it altogether, and I have serious fears
that the time will come land in some cases it
has already GOMEZ when many of the towns
who have engaged in this will regret that
there had not been such provision in our
original constitution.
EIGHTH.-A thorough revision of the Judi
ciary. That the judiciary system of our
state needs revision and reform is a yerv GEN
eraleelirg among those who practice and have |
business at our courts. The legislature so far
back as 1855 assumed the necessity of such
reform, by appointing Edward Kent, Lot M.
Morrill, and John Rand commission for this |
purpose. majority and minority renort |