Butler citizen. [volume] (Butler, Pa.) 1877-1922, 1891-08-07

Ex Senator Evan HOLDEN, who has cred
itably represented Lehigh county as a leg
islator and who is justly respected alike for
his character and attainments, is willingly
given space in to-day's paper to present his
reasons for supporting Constitutional Con
vention and general revision Of the fun
damental law. The special constitutional re-
forms desired by Mr. HOLDEN are:
l. The abolition of free railway passes to
legislators and others.
2. To require the levy Of an income tax.
3. To prevent unequal Senatorial dis
tricts.
4. To simplify legislation relating to
cities.
S. To prevent the multiplication of need
less Judges
We do not propose to discuss the merits
of any of the reforms suggested by Mr..
HOLDEN, but to remind him of the fact that
every reform he demands is fully within
the power of the Legislature under the
present Constitution. In other words,
Mr.. HOLDEN simply proposes to legislate
by Convention instead of looking to the
properly constituted Legislative authority
Of the Commonwealth for the enactment Of
our laws. This is the most dangerous prin-
ciple; it is at war with the whole genius Of
our free institutions, and it sadly impairs
the sanctity of the supreme law when leg
islative provisions invade the Constitution.
Aud independent of the fundamental er
ror of legislating by constitutional man
date, how can legislative reforms be more
readily attained in Convention than in a
Legislaturef If, as Mr.. HOLDEN plainly in
Inmates, railways blunt the moral sensibili-
ties of Senators and Representatives by
free passes, and thus prevent the enforce
ant nf ra1a ein Of ha pGti-
tuition, why would they not equally blunt
the moral sensibilities of the Convention
Delegates by free passes and thus defeat
the enforcement of the Constitution by its
own provisionsi The same people who
elect Legislatures will elect Convention
Delegates, and if the people fail to enforce
obedience to their wishes in the Legisla-
ture, by what process Of reasoning can
they be expected to do it in Convention.
The Legislature has persistently refused
to enforce the plainest commands of the
Constitution for seventeen years, and the
people have as persistently reelected just
that class of Legislatures. The commands
Of the Constitution about railway passes
and about anti determination have been
simply disregarded, and the equally
emphatic commands about the equitable
formation of Senatorial and other districts;
about the corrupt use ofmoney in elections,
ETC., have been Knocked by eontemptuous
disobedience of both the letter and spirit of
the fundamental law.
The people should understand that the
whole issue of fobedience to the Constitution
and of just laws rests with the people
themselves. They can elect Legislature,
if they will, that would abolish free rail
way passes; that would enact just such tax
laws, income or other tax methods as the
people want; that would make equitable
Congressional, Senatorial, Representative
and Judicial DISTRICTS that would simplify
legislation relating to cities, and that would
prevent the needless multiplication OF
Judges. All these are clearly legislative
duties; clearly within the power of the
Legislature, and the Legislature will as
willingly enact the just laws Mr.. HOLDEN
demands, as would convention, and with
much greater safety to the Commonwealth
1t is always perilous to legslate in a
Constitution. The Constitution is simply
the chart to define the powers and limita-
tions of legislative authority. 1t is much
more sacred than the statutes, which may
be enacted to-day and repealed or modified
tomorrow, and its most vital attributes
must be weakened or destroyed when
legislation of any kind is injected into it.
How could the Constitution regulate
Senatorial districts or the number of Judges
in the Statef Both Judicial and Senatorial
districts swiftly change in population,
business and in both judicial aud legislative
necessities. The Constitution would re-
quire constant changes to deal Justly with
the people, and ii would become a mere
fountain of changeable legislation instead
of an unerring chart for tie public safety
There may be very good reasons for call
ing Constitutional Convention, but Mr..
HOLDEN has failed to present them. All
the reforms he demands are now clearly
within the scope OF legislative prerogatives,
and the fault is wholly with the people
who elect Legislatures and with the same
people who must elect delegates to the
Convention. Let the people cease to
blame either the Legislature or the Con
stitution for the real or imaginary wrongs
they suffer, for the people, and only the
people, are responsible for the legislative
contempt ofthe popular will. Philadelphia
Times.