Arizona republican., 1910-11-05
SUBVERS|VE
 PROPOSAL And Destructive Of ArizOna'S Hope Oi Statehood MR. KIHGbN'S ADDRESS
A Constitutional View of the Pending Initiative
 and Referendum Measure Which at the Best Will
 Long Delay Admission.

MT. Kingan of Pima county in the committee of the whole while motion
 to recommend the adoption of the com
 mittee's substitute for the Baker di- rect legislation measure was pending presented the following logical argu-
 ment against 1t on the ground that it
 was subversive of representative gov ernment and was calculated almost certainly to defeat statehood. The ad- dress of MT. Kingan, who is regarded
 as one of the foremost constitutional lawyers in the southwest, was pains takingly prepared, and was read by
 him to the committee. It follows: I am opposed to this proposal. for
 the reason that it is of doubtful validi ty under the enabling act and the con- stitution of the United States. and will
 delay, if not defeat, statehood. ] By section 20 Of the enabling act, it | is provided that the constitution to be framed by this body shall be republican ] in form, and shall not be repugnant to the constitution of the United States. The federal constitution declares:
 "The United States shall guarantee to ever ystate in this sniOn a republican, | form of vernment."-Article ". Sec ton 4
 A republican form of government has always been distinguished from a dem- ocratic form of government. A repub- | lican form of government is a govern ment by representation, a government lby agents, by delegates; a democratic form of government Is a government by the people acting directly and where power is reserved by themselves. A republic is a government by repre- sentation; a democracy, a government 1 by the people acting directly. l These distinctions were well under stood by the founders of this govern ment No persons ever understood the differences better.
 In the tenth paper of The Federal | is," written by Madison, is the fol- lowing:
 Prom this view of the subject it may be concluded that a pure democ- racy, by which I mean society con- sisting of a small number of citizens, who assemble and administer the gov ernment in person, can admit of no cure for the mischiefs of faction. A common passion or interest will, in al most every case, be felt by a majority of the whole; a communication and concert results from the form of gov ernment itself; and there is nothing to check the inducements to sacrifice the weaker party or an obnoxious indt- vidual
 The Turbulent Democracy. Hence 1t is that such democracies have ever been spectacles of turbulence and contention: have ever been found incompatible with personal security, or the rights of property, and have in
 general been as short in their lives as they have been violent in their deaths. Theoretic politicians. who have patron
 ized this species of government, have erroneously supposed that by reducing mankind to a perfect equality in their political rights, they would at the same
 time be perfectly capitalized and assimi-
 lated in their possessions, their opin-
 ions, and their passions.
 "A republic, by which mean gov ernment in which the scheme of rep
 resentation takes place. opens diff
 ferent prospect, and promises the cure
 for which we are seeking Let us ex-
 anime the points in which 1t varies
 from pure democracy. and we shall comprehend both the nature of the cure and the efficacy which it must derive
 from the union.
 The two great points of difference
 between democacy and republic are: First, the delegation of the govern ment. in the latter. to a small number of citizens elected by the rest; second ly. the greater number of citizens, and greater sphere of country, over which the latter may be extended" The Republican Form. Also. in the thirty eighth paper of
 "The Federalist," written by Madison, is the following:
 "What, then, are the distinctive char acters of the republican form? If we resort, for a criterion, to the different principles on which different forms of government are established, we may define a republic to be, or at least may bestOw that name on, a government which derives all Its pow l CTS directly or indirectly from the great body of the people, and is administered | by persons holding their offices during pleasure, for limited period, or during good behavior"
 Judge Cooley also defines republi- can form of government in his work on (Continued on Page Nine.)