The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1907-08-16

niteness OF the Constitution of the
United States led to the perpetuation
of the institution of slavery and in
cidcntaly to the civil war where It
was made more definite and certain
by the decision of CHASTITY and hor-
rid fratricidal strife. AS law writer's
have observed. there has been
steady increase in he length of the
constitutions as new states have
been formed. This may. or may not,
be a fault. but the question has never
been determined either way. either
academically or authontatiyely In
the nature of things this tendency
Hust appear for laws grow in vol
ume and compleXity along with the
same growth in the social industrial
and commercial life OF people.
They are both expressions of the same
law of evolution One page of the
Ten Commandment was sufficient to
furnish a crimes act for the early
pastoral tribes of Israel under a
simple patriarchal government. but it
now requires 225 pages for the crimes
act and the criminal procedure of the
Territory of Oklahoma The theory of
fewer and simpler laws is O pipe and
srridiscent dream that will never
come true until we achieve simpler
and less complex civilization. The
great danger lies In the laws not keep.
ing mace with the demands OF Justice
IN Anglo Saxon minds are dynamic
in their force. and unless thew find
expression IN law. and peaceful salts
faction thereby they will blow the
lid off OF society along with everybody
who tries to sit on II.
constitution connot be condemned
BY reason Of length alone The mat
ter may he such that length Is re-
Quired, and the question then falls
upon the matter and not unon the
number Of words. But. it is said.
constitution should be a fundamental
law and deal with fundamentals of
government AS general proposition
this is true In "a philosophical way,
but the trouble lies in giving the SEN
timent tangible force A constitution
is bound TO be a fundamental law
whatever may be in 1t. because Il
will be the highest law, the most
difficult to change. and the barrier
beyond which the legislature connot
30 And this is a sentiment only.
for no power exists of enforcing that
sentiment, whatever il means, upon
the people themselves There is
nothing definite in the meaning FUN
dameltal law" What might be con
sidered law of detail in one decade
might be considered fundamental law
IN another, The people define that
10 suit themselves They are the
court of last resort They are more
interested In the nature OF laws than
In their classification It might be
thought that the regulation or sun
preston of the hQuor traffic was a
law of detail but It finds It's way into
the constitution as well az into the
legislatures, and congress forces vol
luminous provisions of that kind into
the constitution OF Oklahoma There.
fore, the regulation or suppression Of
( the liquor traTic becomes funda-
mental law where once it was "a
mere police regulation.
The subject Of the regulations of
corporations becomes so important
IN the eyes of the people (or seems
to) that they place the regulations I'm
their constitution where a possible
venal Legislature cannot get at them.
and such laws thereupon become
fundamental' Labor insurance and
other commissions which We're once
not thought of are now finding their
way into state constitutions as fun
damental law The power OF govern
ment residing Ia the people. they may
place their laws where they please.
and whether IN constitution or In
/ legislative enactment they are still
laws, still on statue books. and 4 is
immaterIal what they are called OF
how defined Neither is II very ma
terial that constitution should con
tain Legislative natter for II could
] contain nothing else. A constitution