The Montgomery advertiser., 1908-10-12
Argument For Biennial Sessions

from unwise and vicious laws which the, people are unable to correct may cost the State thousands of dollars and prevent growth and development
 These, in brief, were the leading arr suments urged against the adoption or the present provision of the Consti- tuition. I predicted then that it would weaken and impair our entire system Of government by sapping the strength or one of its most important depart ments. predicted also that the radi- cal change of the Senate would de- feat the check against hsty and dam gerous legislation, and subsequent events have corroborated the truth of this statement
 You say that as a business man you do not take any stock in the argu- ment that biennial sessions would give us an opportunity to correct quickly mistakes made by a preceding Legislature for the reason that 1t is not proposed to abridge the four-year term of the Governor. You assume that the Legislature that came in with the Governor would enact certain laws under his control and guidance, and that if they were not satisfactory to the people of the state, repeating
 acts by the next Legislature might be vetoed by the hold-over Governor"
 In my Judgment your assumption that the Legislature elected at the same time with the. Governor would be in &C., cord with his views on all important public questions is unfounded. While that was the case In our last state election, 1t does not follow that 1t will again occur. It would not probably have occurred then If he had not changed the old constitution under which one-half of the Senate held over.
 l think am justified in assuming that IT one-haIr or the old Senate had held over many of the laws passed by the last Legislature would have been modi-
 fled or defeated. Wehther this would
 have been an evil or a blessing to the
 state 1t Is not necessary to discuss. But if the Legislature that comes in
 with the governor passes laws which
 meet the disapproval of the people, under the proposed amendment a new Legislature, fresh from the people voicing their sentiments would be very apt to repeal them. Even though the Governor could exercise his veto power
 ne would be powerless to defeat the repeals unless he secured one-third in each house. Moreover, do not think
 you are justified in assuming that a esoVernor would veto the repeal of laws which had been repudiated by the people after full and free discussion, am inclined to think that the election or governor for four years with a prohibition on his reelection was a mistake. Anyhow am convinced that biennial sessgons will more promptly secure the expression of the will of the people, and the enactment or repeal of laws which they demand Ours fs a governrnent' of the people and any sys- tem which delays for four years an ex- pression of the popular will on matters of general legislation of grave import to the welfare. development and good K0Yernnnnt of fhA fo y91e avaG anti-republican.
 know that there are many evil dences that we are losing faith in our state legislatures, and this is very seri- ous matter. To lose faith in them is to lose faith in government by the people Is 1t not through this loss of confidence in our state legislatures that our people are led to undertake new and untried experiments in gov ernfnent, to substitute the radical doc Urine of the initiative and referendum placing in the hands of the voters the power tc Initiate and negative legislation, enabling them to do what is claimed their legislatures have been unable to do to their satisfaction, and to the utter overthrow and prostration of our representative system of govern
 nent? distinguished Democrat re- gently said:"A government must have organs; 1t cannot act linorga nically, by masses. It must have a law making body; 1t can no more make laws through its voters than 1t can make them through It's newspapers"
 The remedy then is not to abandon the representative system. to weaken and impair the efficiency and power of one of the coordinate departments of government and thereby lessen the harmonious action of the whole. but Is to remove the causes that have created .aRa z n..H latures. Tho restoration of the bien- nial system is a step in the right direc- | ton. Moreover the proposed amend l ment restores the old system of allow ing one-half of the Senate to hold over, |
 This makes the Senate a more stable | and conservative body, less liable to | sudden and violent changes in mem | bership. and secured at all times a body 1 of men experienced in legislation While 1t is being constantly renewed | by new membership it cannot like the | house change at once. It is a recogni- 1 tion of one of the cardinal theories of | our system of government that the | Senate is designed to act as a check | against the evil effects "of sudden and | strong excitement and of precipitate | measures. springing from passion | caprice, prejudice. personal influence | and party intrigue. which have been | found by sad experience to exercise a | potent and dangerous sway in single | assemblies"
 The action. of the constitutional con vention in prohibiting to a large extent | the evils of local legislation did un- questionably have a tendency to elevate | the tone of the legislature and give them more time to devote their atten- 1 tion to matters of general legislation. | It occurs to me however that the pro- vision of the constitution limiting the compensation of the members of tL, legislature to a small pittance of four dollars a day was a mistake. In this day there has been so marked an in- crease in the cost of living, the con- stitutional standard of compensation is wholly inadequate. In my judgment it woud be wise to lessen the member