Arizona republican. [volume] (Phoenix, Ariz.) 1890-1930, 1899-11-01


the same time they generally stand or
fall togther. Kentucky adds the pro
vision that each amendment shall Gov
er only one subject and that rejected
amendments may not again be submit
ted for five years. This last guards Il
! tendency revealed by experience to the
effect that a rejected amendment re-
submitted to popular vote is likely to
! be approved. Of the older cOnstitu-
! lions, Illinois has a very conservative
provision. Amendments may be made
to only one article at a time and they
must be approved by a majority of
those voting at an election OF members
of the general assembly. AS votes on
amendments are almost invariably
much fewer than those cast for can
didates, such a provision makes the IL
linois constitution almost unchange-
able except in convention. 1t is curl
Gus to note that Minnesota. which OF
late inclines to amend its constitution
frequently, in 1888 adopted an amend
ment that amendments must be voted
on at general elections and must in
each case receive a majority of all
votes cast at the election. One may
readily guess that Minnesota viii not
speedily amend her constitution here
after except in convention.
There are still constitutions contain
ing no specific provision for the calling
of conventions. The constitutions
since 1880. however. quite generally
provide that a convention be called.
OF the sixteen recent constitutions
including that just rejected in Rhode
Island-ten wyoming, Utah. Wash
| ington. Idaho South Dakota, Mon
tana. Florida, New York. South Caro-
lima, Delaware) provide that n conven-
ton be called on joint action Of one
Legislature and the people. In New
York the question of calling Il con-
vention must be submitted to the peo-
pie every twenty years. Kentucky still
requires action by two legislatures AMI
the people. New Hampshire has its
old requirement that every seven years
the question of calling a convention
must be submitted to the people. The
rejected Rhode Island constitution had
the same provision. save that the pc
Rod was twenty years instead of sew
en-. North Dakota, Mississippi and
Louisiana in their new constitutions
have no provision for calling conven-
tions. In such eases. according to
precedent. the legislature, under its
general law making powers. may call
a convention when necessary or sub
init the question to the people as the
ultimate source of power.
Most of the constitutions made by
earlier conventions were not submitted
to popular vote. but by 1860 the reverse
habit had come to prevail. IN the
southern states. however. neither the
secession nor the reconstruction con-
situations were uniformly submitted
for popular approval or rejection. With
these exceptions all the constitutions
made from 1860 to 1890 were voted on
by the people. Since 1880 three south
ern states-Mississipp 1890: South
Carolina, 1895; Louisiana, 1S9S-seelling
to disfranchise -illiterate blacks. have
adopted on the authority of conven-
lions constitutions which would pos
sibly have been rejected had they been
submitted to popular vote. The Ken
lucky convention of 1891 was required
to submit its labors for approval or re-
lection. and did so: but when the re-
suit was announced it reconvened and
made changes which were not submit
ted to the people. and the legality of
this was upheld by the Kentucky court
Of appeals. In 1898 Delaware. follow
ing its ancient custom, promulgated is
new constitution. without submission
on the authority of the convention
These five instances can hardly be con-
sidered as indicative of 4 present ten
dency. They are due, rather. to excep-
tional political conditions in the states
The settled principle now is that a new
or revised constitution. adopted in con-
vention, should be submitted to the
people for approval or rejection. Of
the sixteen recent constitutions eight
Rhode Island. New Hampshire, Utah.
Wyoming, Washington. Idaho. Mon
tana and New York-expressly provide
that this shall be done: three-North
Dakota, Mississippi and Louisiana
make no provision for convention
The other five-Kentucky, South Caro-
lira. Delaware. South Dakota and
Florida-provide for a convention. but
ignore the question of submission.
Early constitutions were amended or
revised with difficulty and the people
were not trusted to any large extent. |
At the present time amendments can
usually be adopted with comparative
ease, and they differ from statutes
mainly in requiring a somewhat larger !
legislative vote and an endorsement of /
the amendments by the people. As Il
rule Il majority of those voting, but |
occasionally a larger fraction. is re-
quired to adopt. The newest consti- |
buttons provide for calling conventions. |
4 twO-t thirds vote of both legislative !
houses and approval by the people are |
necessary for this, and the results of |
the conventions labors are submitted |
to popular vote for approval or rejec- /
ton. Thus the people of the various |
states are gradually acquiring a real |
as well as a theoretical control over /
the fundamental law, and the success |
of our government is coming to depend |
more and more largely upon the intel
ligence and honesty of the average citi-
zen. If the citizen, in his ignorance or
apathy. holds aloof from political life !
the results will be disastrous; buS if |
he recognizes that citizenship is a pub
lie trust, to be administered by him !
with vigorous patriotism, democracy |
will have a fair trial, the results OF /
,,-iI fba ilaa1c of