The Somerset reporter. [volume] (Skowhegan, Me.) 1868-1909, 1906-03-15

Prominent Attorney Of Cumberland County Gradn-
ate Of Bowaoin College 1873. and Secretary OF the
Board Of Trustees OF that Institution.
Legislature to give them chance. do not
believe in that theory Of legislative duty. \
member of the Legislature may be bound by
pledge or platform to vote for OF against
particular measure, but unless 50 bound, 1t IS
his duts, when it is proposed 10 amend the
constitution, to express his own judgment OF
the wisdom Of the change, not because he Is
wiser than the peope who elected him, but
the constitution itself imposes that duty upon
him. "N henever two thirds OF both houses
deem it necessary" is the language OF the
fundamental law, in respect to proposed
changes in it. The deta constitution, and
| suppose about all the state constitutions,
contain that provision. And the purpose oil
it is very clear, and very wise, in my ludg-
ment 1t is that changes in the constitution
shall be slow, and, to that end, that no
change shall be made unless deereed by the
people and the Legislature, acting ndepend
emily of each other, and neither voting Tor u
merely because the other wants IT, CT thinks
it wants it. The theory is that 1t IS better
for even desirable changes to come slowly,
than for undesirable ones to come hastily.
And SO the people themselves have provided
that the Legislature may properly stand be
tween them and sudden changes in the con-
stitution. And, on the other hand, our form
of government 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. II one Legislature
refuses to give expression to the popular will,
another will be elected that will. But 1t is
the deliberate final will Of the people, that
governs, and not the first wave Of popular
opinion.
Now, applying all this to the proposed
change that seems to your League 50 desira-
Bile, and which may some tim turn out to be,
il is fact thai it upsets the rule OF more than
hundred years that the rule that it is pro-
posed to substitute for the old one is elab
crate and more or less complicated, and that
very few people in the Legislature or out OF
it have fully digested it. 1t may be good
idea, and may be bad one.
After it is adopted, it would be hard to
change it. he burden is very strongly on
the friends of the plan to demonstrate its
wisdom. 1t was clear to good many mem
bers of the last Legislature, whose judgment
is as good as mine, tn the change would be
wise. 1t was not clear to me, and for that
negative reason alone, | consider that was
justified in voting against the resolve. In
case of doubt, my rule would be to vote
against any proposed measure OF legislation,
especially if the change would affect the con-
sttution You will pile Sc understand that
would not ignore the fact, If 1t we're fact, as
it certainly is in respect to the referendum
matter, that honest and able men all over the
state favor the change proposed, but
wouldn't be governed necessarily by that fact,
even if | thought those men were in ma
ority, as do not believe they are as to the
Clark Resolve.
But have positive reason, in addition to
the negative one have stated, for opposing
the referendum and initiative as applied to
general legislation. Although we have
known no other system than the one we have,
and the result of change is largely specula-
tive, | elieve we are doing better as we are
than we would be under the change pro-
posed. The average Legislature Is compos-
ed of representatives of all parties and sec
tions and occupations, and in character and
capacity is fairly representative OF the people
as a whole. Divide into committees, and
appropriately divided, as a rule. they hear
witnesses and arguments, compare views IN
executive session, and then report their con-
illusions to one house or the other. Their
reasons are debated, pro and con, each mem
Der contributing some information on some
subject, to all the rest, though necessarily in
form of debate, and finally, in the light OF
publicity, and under responsibility to the peo
pie, a vote is taken. This vote may not rep
resent the sum of human wisdom, but neither
would the separate votes Of their constituents.
1t may be that the lobby has had some
thing to do with it, but even the lobby is not
an unmixed evil. 1t may be that the general
welfare is not always clearly kept in view
as it ought to be, but that might be so even
under the Clark resolve. The point is, not
that the Legislature and governor know more
than the people, or. are better than the peo-
pie, but that they have better opportunity
for Judging, and are in better position to
survey the whole field. than their constitu-
ents, scattered over the whole state, can pos
sibly have and he. | fail to see what offset
ting arguments overcome these. If it be said
that the people are the source of power, and
have a right to make their own laws, ans
wer that they make them now. They have
the laws they want under the constitution as