Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1897-02-11
yAIWIIAlINGToN DELAWARE THURSDAY FEBRUARY IL 1897

many r9atfictionb upon tue Legislative
power, he Is almost inclined to believe
that this department was established
for the purpose OF declaring what
1t could nut do, and is reminded of
Diekons' Crcumlocution office, whose
only power was hnw not TO do IT,"
In North Dakota, 30 prohibitions are
nlaced upon tho Legislature in The
single matter Of epaeial legislation; Is
in Soath Dakota, and about as many
more in the other two States. Tho
courts are established and their juris.
diction defined With tho detail and pre-
cigion Of u statute, the Washington
Constitution even fixing the time
within which Judge must rendsr his
| decision, and the North Dakota Con.
stitution requiring the supreme court
to prepare syllabus of tbs points al
| indicated in each case. Apparently the
| legal members of the convention. whose
| Influence, it 10 said, inserted this last
provision, rely more on head notes than
opin;opB, and were determined that
| these ut least should be clear Of obiter
dicta even if pscpssary to invoke the
powor IF the organic law OF the State.
The provisions in reference to corpora
tions arc most elaborate and detailed,
aud are substantially "a compendium
of present corpnraton law. written by
| ronular sentiment BY the creation
| of important administrative hoHrds,
| and by the many restrictions on the
legislative, executive and judicial de.
partments, the tendency OF these con.
situations is to establish sort OF
automatic permanent administration
as substitute for our usual form OF
government. This fact 10 conceded by
The thoughtful critic have quoted and
I I; tnI h,,b n n
stitutiona law OF fourth depart.
ment OF government tho department
of administration. All but one of these
constitutions provide for amendment
or the calling OF Constitutional Con
yentiou by majority vote OF hnth
branches Of a single Legislature, rati-
. fed by majority OF the electors. Both
Dakotas established constitutional pro.
hiti,ion after a popular vote--in North
Dakota by majority of !, 1913 in q total
vote Of nearly 36, 600, thus making a
permanent restriction on tho people
! against the will OF nearly one-half. and
3 beyond their power to change, even
0 when a majority, except by constitu-
/. tiunal amendment.
r have referred TO these constitutions
O somewhat at length because OF the
nearly l.0 constitutions which have
8 been framed in this country, they
n mark ths widest departure from tbs
ii fundamental principles of constitu.
| tipnul law hitherto generally accepted
i and adopted. ] do not question tho
= wisdom Of enaeting into law many OF
tho provisions they contain, and GER.
"a tainly not the public spirit and high
!. purpose of the men who framed them.
a But on grounds both OF principle and
eypediency seriously doubt the wis.
/, dom or propriety OF this wide extension
!. nF the scope and office OF constitutional
ID law. These constitutions, in their
10 numerous restrictions, 10 their avowed
80 mistrust Of representative government,
T. in their excessive legislation place
3. beyond ths convenient control Of the
10 people, in their violation OF tine prin.
g. ciple OF eelf-Eoyernment, seem to have
st overlooked the fundamental idea upon
D. which rests our constitutional iaw, and
st again TO have sat up the principle ct
t. government hY control rather than
ne government by compact. True, the
Nv control may ia OF majority, not a
be king; but the vital question Is not its
n source, but its extent. II ii prevents
hit the people from asserting their will, u
ms it continues the reign of departed
or n alority, il is not 10 accord with the
ii. principles and institutions Of our
he Certainly these constitutions depart
"a. from the wise advice given by our
nd ablest authority on constitutional law.
on Said Judge Cooley to the North Dakota
Ia convention: I'm your constitution.
ed making remember that times change,
IN that men change, t at new things are
J a invented. new devices, new schemes,
III new plans, nav uses nf corporats power
a. And that thing is going to go on here,
re, after for all time, and If that period
ne should ever come which We speali OF as
nd the millennium, | It'll expact that the
same thing will continue 10 go on
OF there ana even in the millennium
la people will be studying ways whereby
IL hy means Of corporate power they cen
Iss ercumyent their neighbors. Don't in
ire your constitution mailing legislate too
he much, In your constitution you are
is tying tho hands Of the people. Don't
ng 10 that to any such extent as to pre-
10 vent the Legislature hereafter from
$50 meeting all evils that may be within
the the reach OF proper legislation Leave
liz. something for them Take care to put
70, proper restrictions upon theta, but al
re. the same time leave what properly be
tic longs To the field of Legislation to this
nd legislature of the future You have
in got 10 trust somebody in the future,
u hull ~ 10 anu thut
ing department of the government should
lis be trusted to perform it's Legitimate
a function.
rs, The objections to this large and IN
ich creasing extension of the province oil
ure constitutional law are serious ant
md obvious. In the first place II Seems
as to deny the existence OF any tixel
hat underlying principles which are TO do
10 termine what constitution shonic
Tres contain. aud to mako the supreme ant
1liu only test the wish and will Of the ma
W iuFity. Thus it opens the door, ha!
uSt opened it, to Incorporating in con
all sEitutiun the whole body Of statute
IN. Law. In doing this it necessarily re-
So movss from the immediate control o
ont the people the power which govern
ana them. II denies their right frequentl,
vel and easily to change their laws and g
aole infringes the fundamental principle o
res self-govornmant What right, undo
ted our theory of government, has the ma
seat iority of to day, which to- morrow ma
II be the minority, to impose its will un
asses aterably on the then majority, excsr
mar the right which relies ouly on might
hail But have not We Of Anglo. Saxon bloo
the for centuries fought that idea, an
tl,aE 4E,.,