Omaha daily bee., 1902-11-27
CONSTITUTION CHANGING.

In his brief address at the Commercial
club Lieutenant Governor McGilton
seized the occasion to endeavor to i'm
press upon the business men of this
city the necessity of a revision of the
state constitution that would enable Ne
braska to administer it's state govern
ment upon a more businesslike basis.
To undertake to conduct a mercantile
or manufacturing establishment, which
In twenty-five years had expanded its
output twentvfold and increased the
number of its employees eight or ten
times, in the same building in which it
had started up would appear to be pre-
p%osterous. Yet Nebraska, with nearly
100000 population scattered over its
fertile prairies and dwelling in it's cities,
continuing to administer its affairs under
a constitution framed and adopted when
1t had but 100000 people within its
borders presents no more an extreme
case.
The necessity Of constitutional revision
u NC dhAblllCu Ny tNtlSOhC III AOOhG
into the matter with unbiased judg-
ment. How to accomplish this object,
however, is still a perplexing problem.
Mr.. McGilton has expressed the opinion
previous attempts the only course re-
naming is through a constitutional con-
vention. The failure of the amend
ments submitted in the past by the leg
islature for ratification at the polls has
been due to the fact that a large proper
ton of the voters neglect or refuse to
express themselves either for or against
the proposition, and under the ruling of
the supreme court failure to register a
vote Is the same as voting against the
amendment. The difficulty arises from
the fact that the same method of secur
ing popular approval is required for
~summoning a constitutional convention
as for adopting amendments formulated
by the legislature. The amending clause
Of the constitution, so far as it relates
to revision by convention, reads as
follows:
When three-ffths of the members elected
to each branch of the legislature deem
It necessary to call a convention to revise,
amend or change this constitution they
shall recommend to the electors to vote
at the next election of members of the
legislature for or against a convention,
and II a majority voting at said election
vote for a convention, the legislature shall
at its next session provide by law for
calling the same.
Inasmuch as the language here used
is precisely identical with that employed
in connection with the submission of
how the supreme court could rulesdif-
ferently in the one. case than in the
other. In a word, to alter the constitu-
ton by convention will require the posi-
tive votes of the majority, not of those
recording themselves on the proposition.
but of all the voters casting ballots at
that particular election. Not only this, but
the election at which the proposition
must be submitted must be the election
at which members Of the legislature are
chosen. The next election fulfilling this
description is that of 1904, the presiden-
tlal year, in which the national issues
are sure to overshadow all the ques-
ions of merely state import, Whether
it is likely or yer possible for a propo-
sition for a constitutional convention to
carry an absolute majority at the presi-
Dental election in this state is a very
serious question.
The Bee still believes that it advised
the wisest and most practicable course
when it urged the governor last winter
to call the legislature in extra session
to act in the place of a constitutional
convention and submit the necessary
amendments for ratification at the re-
cent election.