Arizona republican., 1899-10-25

ton is not in such hearty favor as The
one just mentioned. Radicals and re-
formers who find their pet measures
thwarted and rejected on the ground
of unconstitutionality often look long
ingly at the English system and wish
that our legislatures, like parliament,
could pass any law they pleased ire
spective of the constitution. Yet, after
all, though at times some good law
fails of adoption owing to constitu-
tional barriers, those same barriers
keep a great many bad laws out of our
statute books. No human system can
be perfect. If even Eden had its SER
pent, possibly a critical observer from
Europe may have some grounds when
he pities our alteration of the written
constitution and mentally compares it
TO the fetch worship of benighted
heather.
Whatever basis for criticism there
may be in respect to our national con-
stitution, which is practically I'M
changeable, the same objections would
hardly hold against most of the pres
ent state constitutions These have
been developing for nearly four gener
ations and bear the marks of our ma
tional history. Bryce we'll says that
velopment of American democracy one
would find far more instruction in a
study of the state governments than
of the federal constitution" If, in the
distant centuries to come. there should
survive of our records only a copy of
'Poore's Federal and State Constitu-
tions," skilled historian of that time
would be able to reconstruct with re-
markable accuracy a fairly clear pic
ture of the social and economic history
of the United States during the first
century.
What is true of the constitutions of
the first century is even more true of
the constitutions made since our first
centennial. These latter are more cas-
lily amended; they generally make pro-
vision for entire revision in convention
and are very much longer. The early
constitutions either contained no pro-
vision for amendment or made the pro-
cess of change so difficult that amend
nents became we'll nigh impossible.
Some, however, wisely provided for the
calling of conventions and thus allowed
for the complete revision of the funda-
mental law. The convention, as a re-
visionary body distinct from the legis-
lature, was seldom used at first, and
even yet has, not won its way into all
our state constitutions. Through its
agency, however, our states have grad
ually modified the amending clause to
such an extent that in many states, so
far as changes are concerned, the only
difference between the constitution and
the statutory law is tina a he process OF
amending the former is more elaborate
and requires longer time than the
changing of the latter.
was short, seldom exceeding 5000
words. Now there are several of over
%, 900 words. The average length is
probably about 5000. The longest con-
stitution is the constitution of Louisi-
ana, which contains about 3d. 900 words.
Early constitutions were short and
difficult of change because they con-
tanned only fundamentals. Life in
those days was simple, commerce and
manufactures undeveloped, and gov
ernmental powers few in number. Life
now is very complex, commerce and
manufactures have attaino>- enormous
Importance, steam and electricity have
multiplied our wealth a thousand fold,
and all this has tended to multiply leg
islation. Many questions once unknown
are now deemed important enough to
be placed in the fundamental law of the
lions devoted to railroads, corporations,
trusts. education. local government,
finances, etc. Furthermore, there has
developed from experience a very gen.
eral distrust as to the capacity and
honesty of our governments; hence
many provisions are found in our con-
stitutions narrowly defining and check
ing the powers of the various depart
ments of government. The result is
that now a state constitution contains
not simply fundamentals. but also
many provisions that in kind should be
statutory and not constitutional. These
provisions naturally are somewhat
temporary in nature and accordingly
must at times be added to, amended
or stricken out. This necessitates that
constitutions be amended with COM
para tive ease and be revised from
time to time. In view of these changes
any state constitution made since the
'7Os will likely be lengthy, easy of
amendment and provide for the calling
of convention, either at regular inter
walls or on demand of the people. 1t is
evident, therefore, that our state con-
situations have become mirrors of the
social and economic conditions prevail
ing in the various states and should be
studied, not simply as important laws
prevailing in the several states but
also as Indicative of the trend of public
opinion throughout the country as a
whole. A person who makes such a
study, however pessimistic he may be
as he observes the workings of democ-
racy in certain places and at certain
times must arise from his task with
the conviction that this nation is slow
ly. but surely. developing a higher type
of democracy and a more perfect sys-
tenn of government, capable of salts
flying those ideals of humanity that
have for so long been the dreams of
utopian philosophers.
Editors Note-This is the first of a