Daily Kennebec journal., 1906-03-15

Some months since. in compliance
with a request, Hon. Barrett Potter
wrote letter to the press agent of the
Maine Referendum League giving his
reasons for voting against the Intia-
tive and Referendum when that meas
ure was before the last legislature.
Senator l.. S. Clark was asked to re-
ply to Mr.. Potter and the Journal
prints both letters below believing
they will be of great service in giving
our readers a clear conception Of di-
rect legislation.
MIR. Potter's Letter.
Roland T. Patten. Press Agent, Maine
Referendum League, Skowhcgan,
Maine.
1 have yours of the 22d instant, in
quiring why | opposed, in the last
Legislature, Senate Document No.
"a, which was the Referendum re
solve presented by Senator Clark of
Hancock. However unimportant this
Information may be, you have a right
to it, if you want it, and l am very
willing TO furnish it.
To begin with, the resolve you re-
ing amendments to our State consti-
tuition. If favored by the Legislature
and the people, it would have de-
prived the governor, to some extent,
of his present veto power, and would,
to a very considerable extent. have
| limited the power of the legislature
1t is not too much 10 say that it in
volved fundamental changes in our
scheme of government
1t was argued in favor of this re-
solve, that a good many very good
| citizens wanted to vote on it, and
| that it was the duty of the Legisla-
| ture to give them a chance. l do not
believe i'll that theory of | legislative
duty. A member of the Legislature
may be bound by pledge or plat
| form To vote for or against a particu-
| lar measure. but unless so bound, ii
is his duty, when it is proposed to
| amend the constitution, to express
his own judgment of the wisdom of
| the change, not because he is wiser
| than the people who elected him, but
| the constitution itself imposes that
| duty upon him. "Whcncver two
| thirds of both houses deem it ncces-
sary," is the language of the funda-
| mental law, i'll respect to proposed
/ changes in it. The federal cOnstitu-
ton, and | suppose about all the State
constitutions, contain that provision.
| And the purpose Of it is very clear,
and very wise, in my Judgment. 1t
is that changes in the constitution
shall be slow, ana, to that end, that
no change shall be made unless dc-
creed by the people ana the LegisIa-
ture, acting Independently OF each
other. ana neither voting for it mere
ly because the other wants it. or
thinks il wants it. The theory is
that it is better fnr even desirable
changes to come slowly, than for un-
desirable ones to come hastily. And
50 the people themselves have pro-
vided that the Legislature may proper
ly stand between them and sudden
changes in the constitution. And, on
the other hand, our form of govern
!ment is such that when the people
deliberately make up their minds to
change it. the change is bound to
| come. and, of course, ought to come.
If one Legislature refuses to give cx-
preston to the popular will. ano.lcr
will be. elected that will. But it is
the deliberate, final will of the peo-
pie, that governs. and not the first
wave of popular opinion.
Now, applying all this to the pro-
posed change that seems to your
League so desirable, and which may
some time turn out to be. it is a fact
that it upsets the rule of more than a
hundred years that the rule that it is
proposed to substitute for the old one
is elaborate and more or less compl-
Gated. and that very few people in
the Legislature or out of it have fully
digested it. 1t may be a good idea
and may be a bad one.
After 1t Is adopted, it would be hard
to change it. The burden is very
strongly on the friends Of the plan tC
demonstrate its wisdom. 1t was clear
to . good many members of the last
Legislature. whose judgment is as
[ good as mine. that the change would
be wise 1t was not clear to me. and
for that negative reason alone. / con-
slider that 1 was justified in voting
| against the resolve. In case of doubt
| my rule would be to vote against an,
proposed measure of legislation. es
3 pecially if the change would affect tn,
constitution. You will please under
l | stand that 1 would not ignore th,
e fact. if it We're a fact. as it certairl,
5 is in respect to the referendum mat
ter. that honest and able mon al
lover the State favor the change pro