Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1898-03-07
LOuisiana's Experiment.
GouisyIIIe CourIer-JournalD


The people OF Louisiana have decided TO
risk the experiment of a constitutional
convention, and that body is now I'm ses-
sion. Its main object is not in doubt. 1t
is intended TO put the control OF the State
securely in the hands Of the white people
by means of an educational qualification
for voters. No doubt is entertained that
this object will be accomplished.
There are other matters, however, con-
corning which there has evidently been
some trepidation. A constitutional con
vention, in the light of experience, is an
uncertain and sometimes a dangerous
body. 1t is not possible TO foresee what
II is going to do. The Louisiana conven-
ton will shape the organic law Of the
State for a considerable time TO come, as
there is no intention to submit its action
to the approval OF the voters. Whatever
the convention does. therefore, Is without
appeal, unless the courts should interfere,
and their right to do so would probably
be contested.
In the call for this convention there has
been an attempt TO limit its powers. IL Is
forbidden to legallize lotteries, to increase
the bonded Indebtedness of the State, and
one or two other things. IL is not, there
fore, what may properly be called a
sovereignty convention. At the same time
IL IS invested with the power of changing
the organic law as il pleases, Of enfran-
chising or DISTINGUISHING such portions OF
the population as il may deem proper; in
hibited by the act under which 1t was
called, or the Constitution and laws of the
United States.
Whether a legislative act calling a con-
stitutional convention can limit its power
is a question upon which differences 81
opinion have long existed. 1t usually re-
qutres legislative act TO call IL, but
whence does it derive its powers? \
legislature cannot make a new constitu-
ton. 1t cannot authorize one of its COM
mittees to revise the Constitution. Ii Is
argued, therefore, that IL cannot Confer
upon constitutional convention the pow
er TO make a constitution under legisla
tive Instructions. That would make IL a
sort of larger legislative committee or
commission. The Legislature calls under
the mandate Of the people embodied in a
former constitution. But the Legislature
does not elect the delegates. They are
elected by the people. They are supposed
TO represent the people. and not the Legs
lature. The latter cannot delegate power
which II does not possess. Can ii. there
fore, limit the power TO make a new Con-
stitution which the people have conhded
10 the constitutional convention? If II
can, II certainly participates. in a GER
tain degree, in the work of making a
constitution. 1t provides that certain
things shall remain in the Constitution.
1t might, If II possesses this power, pro-
vide that only one section OF the Consti-
tuition should be changed, or, If others
were changed, that they must be'changed
in certain way. Thus by the act the
Legislature might virtually make the
Constitution itself and leave the CONVEX
ton hardly anything to do but 10 ratify
the work OF the Legislature.
On the other hand. 1t Is said that the
Legislature also represents the people:
that the VIII of the people is as much
expressed I'm the terms Of the call as IN
the call itself; that the delegates TO the
constitutional convention are selected 10
DO the things specified in the call issued
by the representatives of the people and
that they ere elected by the people with
that understanding. When delegates are
elected to do certain things. IL cannot
be justly claimed, II is urged. that the
mere name of the body i'm which they sit
can invest them with authority 10 do
other things. The people are notified
that they are choosing IA sovereign and
irresponsible body, with certain excep-
lions, but they are presumed 10 intend
the exceptions as fully as they intend
to confer complete power In other re-
spects.
1t may be. of course, that the Louis
lana convention will not attempt 10 DO
any OF the things prohibited i'm the call
But 1t will decide for itself what is pro-
hibited, and as its work Is not to be
submitted to the people, there will be no
remedy, unless in an appeal 70 the Su-
preme Court. IL has been found that
courts are cautious about disturbing the
work OF constitutional convention,
though cases OF that sort have occurred
IL Is apparent, therefore, that there is
some risk involved I'm the Louisiana ex-
pertinent The wisdom and conserva-
tism OF the delegates, If they are found
TO possess these qualifications. may pre-
vent any harm.