Omaha daily bee., 1901-02-03

WOULD IT BE SdFEP

Ihe action OF the state senate in re-
fusing to assent to the proposal for a
constitutional convention for Nebraska
Is coupled with the assurance that CON
stitutional revision will be attempted
through specific amendments upon
which the people will be asked to ex-
press themselves on an entirely different
plan.
What Is relied upon to rescue these
amendments from the defeat which has
overtaken all previous proposals of that
kind is n change in the statute relating
to the printing of the proposed amend
ments on the ballot by which all voters
will be counted in favor of each amend
ment unless expressly recorded against
1t. As outlined in the discussion,
this is to be accomplished by printing
on the official ballot the words, For
the amendment and requiring all op-
posed to the amendment to strike out
those words. In nutshell, the plan is
to shift the burden of proof and to insist
that every one who does not express
himself either way be counted as hav-
ing voted yes"
Whether or not this plan is constitu-
tional and legal of course depends upon
the Interpretation put upon it by the
supreme court, and favorable opinion
is expected from the supreme court, be-
cause upon it would depend the success
or failure of the proposed increase in the
salaries of the judges and enlargement
of the court itself.
Aside from the question of legality,
however, the more important question
Is, Would the plan be safe? Under such
system almost any constitutional
amendment that could secure the three
legislature necessary for submission
would be counted in. Instead of max
ing constitutional changes difficult it
would make them easy and certain.
Instead of preserving a constitution pro-
viding a stable form of government, 1t
would expose it to constant alteration
and make constitution-tinkeri almost
as common as statute-tinkcring. The
very object of the constitution trainers
in surrounding amendments to that in
strument with various safeguards, de-
signed to prevent hasty or illadvised
experiments, would be overthrown and
the door opened to all the political
vagaries apt to seize upon variable legis-
lative majorities. 1t Is safe to say
that had such a plan been pursued in
the past no amendment ever submitted
to the people of Nebraska, from woman
suffrage to prohibition, would have
failed of ratification.
1t is generally admitted that the re-
vision Of the Nebraska constitution is
imperatively demanded in several vital
points and all political parties are COM
mitted to It, If to accomplish this OBJ
ject, and avoid the hitherto insurmount-
able obstacles arising out of the failure
of the voters to express themselves, such
Il radical departure is deemed necessary,
some provision should be made at the
same time to prevent constant resort
in the future to similar dangerous meth
ods. This can be done by submitting
an amendment to the amending clause
of the constitution, making all future
changes turn upon the votes cast on the
proposition and fixing the required ma
jorites high enough, both in the legisla-
ture and at the ballot box, to head off
vicious or radical innovations, which
might otherwise be inflicted upon the
people.
Without such safeguard, counting in
constitutional amendments by an un.
expressed vote would invite greater
dangers than it averts.