The Mankato free press. [volume] (Mankato, Blue Earth County, Minn.) 1879-1924, 1904-04-15
new STATE LEGISLATION
Continued From Page One.l


forms, so complex, as to make it almost
impossible to determine the extent of
their application. In an attempt to
remedy the evil, the constitution silent
ly permits substitution by another
evil of far more serious nature than the
first. The states of Alabama, South Car
Dina, Delaware, Connecticut, Virginia
and New York have adopted new con-
stitutions The New York constitution
might be taken as a model in the regula-
ton of special legislation. 1t enumer-
ates a large number of subjects on
which general legislation must be enac-
ed and adds further that the the ''legis-
lature shall pass general laws" in all
other cases which in its Judgment may
be provided for by general laws" By
another provision therein the legislature
is directed "by general laws" to confer
upon the local authorities of the different
counties in the state ''such local legis-
lation and administration as the legis-
lature may from time to time deem ex-
pedient." In this way local and special
legislation is restricted and allowed only
where absolutely necessary.
During the last session of the North
Carolina legislature 1858 laws were pas
sed in 63 days or an average of twenty
per day. This is the maximum. Illinois
passed only 226 laws in III days or about
two per day. The great difference is the
result of restrictions upon special legis-
lation contained in the constitution of
the latter state. 1t should also be borne
in mind, that the enactment of these
special laws by itself is not the only
great evil connected Herewith. In adj
dition thereto, their consideration leaves
very little time for consideration of such
acts as may be of great Importance to
the entire state.
Another important change needed in
our constitution concerns the problem of
less to try to pass desirable tax laws,
because they will not be in accordance
with the constitution. Our constitution
should provide for the equal and uni
form levy of taxes on all property not
exempt, but should not 90 into details
as to what taxes should be collected nor
the methods of collecting same. This
should be left with the legislature. I'm
der a constitution limiting the matter of
taxation very closely, it is almost i'm
possible to frame law, which will stand
the test of the Courts. There is very
little danger of leaving this power in
the hands of the people, because they
are not apt to overtax themselves, and
on the other hand the close restriction of
taxation by the constitution will enable
the strong corporations to find some
flaw in an important tax measure suffici-
ent to affect its constitutionality
One clause in our exemption laws also
needs modification. The homestead ex-
emptions should be determined on the
basis of fair market value and by
size or acreage. Under our present sys-
tenn the homestead exemption might be
a house and lot in the outskirts of a
large city worth $4,000, or it may be a
building in the center of the city worth
one million dollars, provided it is used
as homestead and located on one lot.
The initiative and referendum when
allowed in the constitution, should be
carefully guarded. Several states have
adopted this method of enacting laws.
In Oregon the initiative is granted on
petition of eight per cent of the voters
and the referendum on five per cent.
There is great deal of danger in this
direct legislation if carried too far, and
nearly all of the states using it have
placed severe restrictions thereon. The
ultimate result of too much direct legis-
'lation by this method would be to change
our representative forms of government
to pure democracy, and to make our
legislatures of little consequence, if not
to abolish them altogether.
The ancient custom of paying the
members of the legislature so much per
day, should be abolished, and the amount
earned paid as term salary. The re-
suit would be the shortening of the legis-
lative term at least fifty per cent. Dur
ing the first thirty days of our sessions
very little is accomplished, and an idle
legislature is very liable to become mis-
chievous 1t would necessarily result
also in large saving to the state in
greatly reducing running expenses.
AS to the government of cities the con-
stitution should provide for a definite
classification, in not more than three
classes, and all legislation affecting each
class required to be uniform. There can
now be almost any number of classes and
the only limitation laid down by our
Supreme Court is that the classified
ton shall not be arbitrary" 1t can be
readily seen, that every subject in the
line of municipal legislation might have
a different classified ton, because what
might be an arbitrary" division in one
given instance may not be so in the
next.
1 shall close the question of constitu-
tional changes by merely mentioning
that the Federal Constitution ought to
be changed in at least one respect so
as to allow the election of the U. S.
Senators by direct vote of the people.
Twenty state legislatures have already
petitioned for this change, but it re-