The record-union., 1897-01-25

worst examples he could find, he took
the California Constitution Of 1879 and
the amendments made to it as IAN
awful example for three prominently
wrong features. First, its great length
and its verbo sity; second, because it at
tempts to pose as code of laws rather
than as a declaration of principles;
third, because it is not easily under
standable, and is conflicting, ambiguous
and obscure
He affirmed with all gravity that it
was then the worst example Of at
tempted legislation in a constitution of
which history contained any record. We
do not propose to pass upon the justice
Of that criticism further than to say
that all the difficulties which Justice
Davis prophesied would arise under our
Constitution have developed, and even
moro hardly and grievously than he
forecast. If fulfillment of prophesy is
the very best proof of truth, then our
Constitution justifies the harsh criti-
cism of that distinguished jurist, since
passed away, ripe in learning and re-
spected and revered for his high at
tainments and splendid patriotism.
The objection to Mr.. North's proposed
amendment applies to nearly all the
other amendments now proposed,
namely, that they are not declarations
Of principles; that they are confessions
Of unwillingness to trust chosen repre-
sentatives to engage in legislative, ex-
ecutfve and administrative functions.
On that basis it would be better far to
go down to bedrock at once and estab-
lish in the Constitution the principle
of the initiative and the referendum
for all our legislation.
The multitude of amendments which
have been made since 1879, the host
of amendments proposed since that
date, the large number submitted that
have been defeated by the people, really
have brought US into actual practice of
the referendum without declaration of
that principle as fundamental one in
our system. We are not to be under
stood as saying that the referendum
and the initiative, or either would be
wise policy for this people. but we do
not hesitate to say that they would be
preferable-either or both of them-to
the system we have been establishing
Of patching the constitution, and at
tempting to make it code of laws.
Let the Legislature pass the neces-
sary laws regulating the number, du-
ties and compensation Of it's officers,
attaches and employees and stop there.
The members are sent UP by the peo-
pie for just such purposes, and not to
entail upon them enormous expense
and the great annoyance of constant
passing upon laws to be inserted in the
constitution. If it is said that the
next Legislature may repeal such reg
ulative and limiting enactments, and
engage in wild loot of the treasury,
it is to be replied that sufficient unto
the day is the evil thereof. Let the
present Legislature do its duty and
take no concern as to what its success
sor may do. The people will be re-
sponsible for that body when it is Gre
ated.
These views apply, as we have al
ready said, to nearly all the constitu-
tional amendments thus far proposed
there are few exceptions-but
1t will be safe to say that this criticism
will have application to all others and
to those which are in process of gesta-
ton at this tipe in the legislative mind.
Let members Of the Legislature keep
this truth in mind-all attempted Leg
| islation in a constitution outside Of
the declaration of tights and principles.
the divisions of authority and the linn
itation Of jurisdictions, are dangerous,
confusing. involving and opposed to all
wisdom