The Goldfield news. [volume] (Goldfield, Nev.) 1904-1911, 1908-11-14
PROPOSED LEGISLATION

-HE NEVADA legislature just elected. will be controlled in both branches
by the Democrats The house has a large Democratic majority and the
senate, a majority of two. As the governor is a Democrat the executive
and legislative departments are in thu hands Of one and the I'M party, and the
responsibility or the work Of the forthcoming session is thus located
Let IS refer, then, to the promises made to the people by the Democrats in
their platform, in hi eventt tn people should entrust them with power.
In the first place, the platform promises a direct primary law. similar to that
in effect il Oregon The drect primary system does away with party nominating
conventions, and party nominees are chosen by an election within tn party.
The machinery or process is much like a regular election The pimanesa are held
under strict and exact laws ant regulations Those wisnng to stand fr n
particular nomination, can have their names placed upon the mciai ballot by
formal application 10 the secretary of state. A date is named, and then an
election is held by the Democrat throughout thu STATE m the successi~
candidates are then pdtted@ against the succ~sfulc candidates of the other parties
..elscson,, Of United states senator's by this process, and thus W have prac-
ticany the election If United States senators by direct vote of tn people. OF
" = as.A saru ~ ~ nsone Of The United states have long asked fol- a
chance t. voteo on a constitutional amendment permitting thu election OF senators
direct by the people, but. the United States senate itself. has blocked the way.
Five dinaent times the lower house of congress has passed al enabling act, and
te legislature Of three fifth of the states If III union have petuoned congress
N favor of such n amendment, but the senate has always stood out for the
present system Through this latter system, the nan with tn most money m
the least political s1uphs, ian buy his way into the senate. whereas in the direct
the candidates Of he opposing political pan@s. 'sa .ne aIec.e scn0n
for United States senators, this fall. All candidates for the legislature
date who had thu most votes at the election, whether of their particular party
or not. and the scheme worked most satisfactorily. The choice of the people was
Indicated by a large majority for Senator Newlands, and whenth the legis
convenes, there will be no wrangle or scandals for the Republican and
Democrat members will all vote Tor on and the same man.
There is only ne objection to the direct primary system: 1t practically
make it impossible FOR the p%r man or man OF moderate eans to run fol ONCE
fr h has to make a canvass for two elections. The expense incident % winning
the nomination, win " as much if not more than the election In som States
nomination is equivalent to election; in these states the expense WIN occur in
getting the nomination. fer the election will largely take care Of itself; but in
states that arr doubtful a large expense will be involved in both primaries and
Int TIT n 0mman0n dvanta OF such q SYSTEM, Is tnt only tint
best men will nj for ONCE and only the best will be elected. The I'M applies
to both state nd county omces, and to he enactment of such legislation, the
next legislature is pledged.
State Police Law
The Democratic platform demanded the retention Of the State Police law
While he principle is defended, the promise ws made that the law would be
amended to prevent abuses. The purpose Of the Law was to afford a state police
force to be used only in times of extraordinary emergency, when local omcers
could 10 or would lot cope with the situation. to preserve Law and order. The
terms OF the law as it stands, permit the state police to interfere in petty local
matters. and it has resulted in some places in conflict and friction between state
I'd local peace omcers. To suchu nwarranted and unexpected operations If the
Law much If it's unpopularny in certain sections Of tn state is due. The forth
coming Democratic legislature promises to amend the law to prevent such abuses
The point has been raised, that since the Law as it stands was submitted o the
people by referendum vote at the last election and vas approved, that the law
cannot be amended by tn legislature, but must be amended, if al all. by the
people through another referendum vote. We do not believe thu point is well
takan.
In the first place. the people cannot repeal a law, although they may express
their diapproval in a referendum vote. The referendum is not automatic in its
operations While it provides thata measure, after its enactment into law, may
be referred to the people Tor their approval OF disapproval that is as TAR as it
goes. The referendum simply provides a method whereby the people can express
their viii in reference % a given law for the guidance Of III law makers. The
rejection Of a la by the people, does not repeal the law, for there is nothing in
b referendum that provides Ia machinery fer putting the will of the people
Is expressed in the referendum, into effect. If the people. therefore, cannot re-
peal N obnoxious Law they certainly cannot amend il; and as h referendum
does OF rob the legislature OF its lay making functions. it is surely within the
provfnceo II the legislature 20 amen a law as it sees it, although previously sub
mnted 10 referendum vote. The incoming legislature should not hesitate to
amend tn La II HI procedure is questioned in the courts, ustaned, an the