Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1909-06-22
NO CHANGES MADE
in PAST FORTY YEARS
Much Uncertainty AS to Whether In
come Tax Would Secure Approval of
Two Thirds of States If Submitted
Some Have Income Tax Of Own =
Other Washington News.
Especial Correspondence

be accurate, the fifteenth amendment
was submitted to the states by resolu-
ton of congress Feb. 81, 1869, and on
March 80, 1870, the secretary of state
proclaimed that, having been ratified
by the legislatures of three fourths of
the states, 1t was in effect Six states
rejected it. There are two methods Of
amending the constitution. They are
set forth in Article V. of the constitu-
ton, which follows:
The congress. whenever two-thirds
of both houses shall deem it necessary,
shall propose amendments to the con-
stitutlon, or, on the application of the
legislatures of two-thirds of the sew
eral states, shall call a convention for
proposing amendments, which, in eth
er case, shall be valid to all intents and
purposes, as parts of this constitution
when ratified by the legislatures of
three-fourths of the several states, or
by conventions in ree-fourths there
of, as the one or the other mode of rat
if1cation may be proposed by the con-
gress."
Under that provision, the constitu-
ton has been fifteen times amended
The first congress submitted the first
ten amendments, and all were ratified
The eleventh was submitted five years
later, Q794), and it was almost four
years before its ratification was pro-
claimed. None of the other amend
nents took nearly so long a time
The eleventh is the amendment which
forbids suing a state, in the federal
court. by citizens of another state or a
foreign country. This amendment was
necessitated by efforts which were fire.
quent in that time to enforce old revo-
lutionary claims against the states in
the federal courts. 1t has since been
held that one state may sue another
however.
Congress or States Can Act.
under Article V. either congress or
the states may initiate amendments.
Two-thirds of the states. by uniting in
demanding it thru their legislatures,
may require congress to call conven-
ton to propose amendments. This is
the method which will be pursued if
there is ever general overhauling OF
the constitution. 1t has never yet been
adopted, tho in recent years the legis-
latures of nearly thirty states have
passed resolutions calling on congress
for the call of a convention. Thus far.
however, all amendments have been
adopted thru congressional initiation
and ratification by the legislatures. No
amendment submitted by congress has
ever been rejected
For many years efforts have been
made repeatedly to induce congress to
submit an amendment to provide for
popular election of senators, but all
ways without success. The house has
repeatedly passed, but the senate has
just as often pigeon holed, the pro-
posal. Discouraged by these failures.
the advocates of the amendment turned
to the plan of calling convention.
Governor Cummins, of Iowa, now SEN
ator. called a convention of publicists
during the early years Of his service as
chief executive of his state. 1t was
held in Des Moines, being merely a
volunteer affair, with the purpose of
calling public attention to the subject
and instituting central organization
thru which to promote the movement,
AS result of this and other activities
nearly thirty states have passed the
necessary resolutions. 1t is considered
by no means impossible that by this
plan convention will one day be
called. 1t would require the calls of
th1rty-one states to require congress to
pass the necessary legislation provid-
ing tor convention. Congress would
still have a large voice in the matter.
1t would determine the method of rep
reservation, which would be Of the
greatest Importance; whether all the
states should have equal number of
representatives, and whether thew
should be chosen by the legislatures. or
by the people direct, or by conventions
held for the purpose in the several
states; or II it chose it might determine
the apportionment and leave the state
legislatures to decide the method of Sc
lection to suit themselves.
Convention Powers Unlimited.
| Once called, the convention would be
a law unto itself. 1t could not be
stopped. 1t could propose a complete
reorganization of the constitution, or
its abolition; or it could send to the
people any number of amendments il
chose. But having been prepared by
the convention, the amendments would
have to be ratified by three-fourths of
the states; and this is the safeguard
against any very radical action by q
convention.
The almost impossibility of amend
ing the constitution under modern con-
ditions has led to various proposals for
gateway amendment" whose pur-
pose should be to change Article v. SO
as to make amendment easier. These
proposals have in recent time attracted
more or less attention, and have had
considerable radical support. There has
been serious effort to have the legisla-
lures call convention merely for the
purpose of the gateway amendment:
but these have proved abortive simply
because there has been insuperable
difficulty about arousing general inter-
est in so vague a proposal.
/ Coming back to the income tax
amendment now seriously proposed, II
is evident that there is an excellent
prospect for its submission to the leg
islature. II It shall be so submitted
the exigencies of remarkable legisla-
tive situation will be responsible
rather than any effective organized eff
fort Of aroused public sentiment. It is
recognized that the income tax is SO
strong with the people that to vote
tsgainst its submission, once the prop
III s1,-s5 (,