Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1897-02-11


truating only TO its conservatism 70 up'
hold Fundamental rights anh pr'nclpies'
but reserying those With reliance W
supreme judiciary for their mamie
nance, we have found safety and growth
by giving the people ample power y
legislate, aud yet have insured tho STA
bility of rights and institutions.
Our National Constitution Is an eN,
cstlent illustration OF the SUCCESS q
this policy. Its sy5tsm OF Gonstitu'
tional government, with its comprenen-
siye general principles and broad paw
era sufficiently elastic to allow OF OK.
paution by proper construction, yes
sufficiently distinct to be effective anu
protaetiye, has stood tho test OF moro
than hundred years, carried US
through foreign wars and civil cunfiict,
adequately met e phennmena' increase
OF population, wealth and area, win
its new and mnmentous questions, ski
fully adjusted rhe delicate relations be-
tween State and nation, ard gov0rDed az
efficiently 10, 900, QUO OF people scattered
through "A States, reaching from ocean
to ocean, as tho small population az
tho narrow coast line which embraced
its ID original constituents. Yet dur
inn 90 years of this marvellous groFtn
and change, it has required 20 amend
ment exceat TO make permanent the
grand results of the civil war. Speak
ing OF this act OF the sovereign power
OF the United States, says Dicey: IT
needed the thunder of citi war TO break
his repose, and 1t may be doubted
whether anything ehort OF impending
| revolution will ever again arouse him
| to activity. " If 90 | may add il will
| not be because 1.-The monarch slum
bers,' but hecauEe he is c0nsented.
| Admirably has the National Constitu-
| tion fulfilled its purpose ITO form a
more perfect union. establish iustice, 10
| sure domestic tranquility, provide for
\ thu common defence. promote the gen
| eral welfare, anu secure the blessings Of
| liberty all proper, necessary constl
tutional duties. Its SUCCESS has dem
oustrated that a constitution, to he
efficient and permanent, and yet
adapted to tho progressive develop-
ment OF the future. should be compre
bensipe, mt minute; contain principles,
not measures; eetat iish fundamental
rishis, NOT petty restrictions; give large
powers to its departments, and leave
specific legislation, which may be tbs
transient product OF spgsmodic excite
men., not the paople's will, but theii
whim. within their power freely tt
control.
An examination Of our nunerou!
State constitutions will show that IL
recent years there has heen market
tendency in thu opposite direction.
have mol time nor you patisnue to CON
, slider the facts in detail. few refer
/ onees will he perhaps Gufcient.
Down TO about 1850. all of the Stat
/ constitutions, following, substantially
tha mndals of Massachusetts, virgins
and tho United States, contained only
/ bill OF rights and frame OF government
. the latter established under comprehsn
| siye provisions. upon brnai basis an
4 with large powers. Thereafter, and i
constantly increasing degree, thes
. constitutions grow longer, uinre elahol
+ ate and detailed, especially in their re
4 strictinns upon legislation and in tn
a exercise therein of legislative powers
. This tendency seems to have been mos
n marked about 1850, iron, 1870 to 1877
q aud in the new constitutions OF the las
Il faw years; and, while widely prevalent
!. to haya found fuller expression in III
It West and South. Lot me give 70
e typical illustral ions OF each period. III
n Constitut ION of Illinois OF 1913, il
a creaaing in length in tha ratio of eigl
. to IL, finds room for minute provision
"a as TO tax sales, and, in six sections, f
4. regulation of corporations. The Const
n tuition OF Ohio of 1851, nearly twice |
nj long as its predecessor, restricts ii
!. power of the Legislature over corpor
4. tions, and itself defines their duties az
NJ !iabilities. The Indiana Constitute
N OF this same date, forbids the LegiRi
r ture to pass local lava in II speCiii,
N cases, AMI in Il sections legialates
ID reference to corporations. Coming TO
nm later period, We lind the Illinois Consi
=. tuition Of 1870 making elaborate limit
.. tion on the power OF ths Legislator
n. and very detailed legislation for ii
10 regulation Of warehouses, railroads al
in corporations generally. ...
al Tho Pennsylvania Constitution
m 1878 desote5 II sections TO the regul
or ton of private corporations. and
al mora to railroads AMI canals, and Civ
as more than one seventh of its emit
nj ieagth to detailed limitations on 4
4; power of the Legislature, The Nj
ii souri, Constitution uf 1919, hayi
grown since 1920, in the ratio of IL
,w 81, iagislates at great lcngth upon the
u subjects, and minutely provides for t
A. municipal government of st. Lou
Mt The California Constitution OF Isl
hs among many details of legislation, pl
in sCrihes tho hours OF labor on publ
Is. works, defines mcdaniel liens, a
,al forbids any corporation, directly or
a directly, 10 employ any Chinese
is MonEoiian IN any capacity. Conf
OF to the latest period, We lind the Miss
;u sippi Constitution ri 1891 almost
nd code OF laws. 1t contains $50 sectini
, "A covering II octave pages. With mt
ers detail it both forbids the LagisiaIl
os to pass lava upon certain subjects a
,pr requires il to legisiHte upon others,
by o. g.. the provisions section 81 u
OF tho Legislature shall enact laws
i've secure toe safety of persons from fl
led in hotels, theatres aud other pub
lie places Of resort" and lsection |,
ery 'pass laws to prevent abuses, uni
di- Determinations and eStortion in
Ing charges of egpresa telephons, sleep
0p- car, telegraph and railrold companies
.lu. &c., and tsectian 1881 flaws to prey
ris- all trusts, combinations contracts {
the agreements inimical to the public "
vi fare" 1T also incorporates the wh
,tal OF an employers liability act reaui
any railroad thereafter cOnsrruc
lar within three miles OF any county q
at. to raas through the same, and establ
use drpot therein, regulates the expen
,rn- OF criminal prosecutions, prurides I
ing the State printing anti stationery ell
on, he furni5ed under contract, that
,eir | State librarian may be n woman