The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1906-09-08
JUDGE BURFORD WANTS
NEW STATE CONSTITU-
TION RESTRICTED
MORE POWER FOR PEOPLE
To Regulate Governmental
Affairs by Legislation.

Possibly not more than one citizen On
every twenty-five 10 oklahoma and la
dian Territory has "a clear conception Of
what the constitution Of the state should
contain and OF what Ct should not oontai"
! There IS tendency to give a legislative
function to the constitution. Instead Of
restricting its power to organic law.
Judge John u Burford IN an effort 20
make plain tte pufposcs IF state con
stitutioa. has written "a public lette-. ~
part his letter reads.
The purpose and object and aacessity
for constitution is 10 dehue AID dis
tribute the powers OF government and
place such limitations upon each depart
! lmeat of the goveynmel,t as the wisdom
and experience g the nSH have stosyn
TO be pwideM dr necessary. The GieoTy
of our form OF government is tnat all
governmental power Is vested ~ the peo-
ole and that the people a-e the source
os al power State governments are
modelled after the national government
ald dividsd into three departments or
coordinate branches. each exercising
certaia defined powers independent OF.
the others. aad the power. OF elca are
oerived from the people.
ANf NNtN AA rNAlNii VI "a NAAAf government
certain limitations are imposed upon its
powers by the natiolai government
Aside from these limitations all power is
lodged ~ the people Of the state, and nm
less they place other Limitations upon
the exercise OF their power such power
is unlimited; ~ other words. the power
OF the people to enact special or general
laws is limited only by the restrictions
iuhibitions and provisions incorporated
into their constitutions
The fewer the limitations placed in the
constitution the greater the powers re-
served BY Tie pople and the Create
their fower to regulate government af-
faiss by legislation.
Danger Of Limiting Legislation
There is more danger to tha rights Of
the people by limiting their powers 10y
constitutional legislation itan by omis-
sions from tte constitut' cn. The mis-
tikea idea seems to prevail that IN order
to empowe@ "A state TO regulate corpora
tons prescribe rates OF transportation
Of passengers aid freight by common
calriera. neohihit or regulate the sale OF
Intoxicating icuor limit the power Of
-aiiWays. insurance, exoress. telegraph
telephone and oil companies such powe-
must he conferred by the constitution
The legislature has an taese powers 60
the fullest extent inciienf 90 civil gov
eminent, unlimited and u1restricted. and
the people can only cripple or impede
theis powers in these particulars by in-
cooperating into the constitution certain
provisiols relating to these subjects
which can IN no event enlarge their pow
crs or rights and which must aeces-
sasily constitute restrictions and Hmita-
tions upon subsequent legislation.
Il q constitutional provision Is adopted
aad found Intellectual or by reason OF
the constantly changing conditions in
industrial, commercial aad transporta-
tion affairs become Inadequate or ina9-
plicable. great injury o. damage may
result before the contitution can be
ameaded on the other hand IL a law
is enacted which for any reason Is
found 20 be unsatisfactory it may be
amended, mciifed on -erealed by any
subsequent legislature.
Leave Out the Details.
The tendency OF constitution making IN
the newer states has been to 30 mo,,
into details in their provisions touching
the organization and conduct OF the gov
arnmeat tNal Is reouised in constitu
tion. Many Of them go far beyond the
organic provisions and undertake the or
dnary but different wo~k belonging TO
the field OF the legislat'y, enactment
Many OF the regulations which enter into
constitutions are within the legitimate
aad proaer function OF the Legislature
and shouli be left 20 the people free
from constitutional prescription
-sTl only reason or argument ever
advanced in favor Of charging the legiti
mate scope OF constitutional law Is dis
trust OF legislative bodies nad thc great
er stability OF such law. To these rea-
sons nay answer Is that the stability OF
such laws has often proven the feeNps-
dience Of such practices, and 20 the otaae
objection. Deg the people give heed 10
their political rights aad elAct honelst men
~ their representatives ani distTust viii /
disappear.