Arizona republican., 1910-11-05

l Aag IJuIy luC lOllONliiS uelSC iS d0Ob
 speaking of article ", section Of tn
 constitutions:
 Webster's Understanding.
 According to the definition of Web
 ster, a government in which the SUI preme power rests in the whole body
 of the people and is exercised by repre-
 senatives elected by them '"-Downe:
 vs. Bidwell 1S2 U. S, page 279.
 There are decisions and expression:
 of teXt-writers to the effect that by the term, republican form of govern ment," it was intended only to guard against monarchial forms of govern ment; but the authorities already cited and particularly the expressions of the supreme court of the United States show cOnclusively that the term, re publican in form,' is used in the consti- tuition, in contra distinction to a democ- racy.
 Only States Prohibited. It will be observed that the guaranty of the federal constitution, as to a re- publican form of government, applies only to the states. There is no prohi- bition in the constitution, therefore, against direct government in any of the subdivisions or municipalities of | the states, the prohibition only extend- ing to the states as political entities. The decisions of the courts of Cali fOrnia and Minnesota upon the initiative and referendum, have therefore no place in this discussion, for they relate to local government only.
 I take it, therefore, as a settled prin- cipal of constitutional law, that the words. republican form of govern ment," as used in the constitution, mean government by representation and not by direct act of the people.
 The law making power is the great est power in government, and its man. ner of exercise denotes the form of government. It follows from what has been said that this power in republic, must be exercised by the people, through their representatives, for. if the power be exercised directly, the government is not a republic but a democracy.
 What then. is proposed by this measure?
 ''The legislative authority of the state shall be vested in a legislature, consisting of a senate and house of representatives, but the people reserve the power to propose laws and amend ments to the constitution and to en- act or reject the same at the polls, in dependently of the legislature; and they also reserve for use at their own option the power to approve or reject at the polls any act, or item. section or part of any act, of the legislature"
 The veto power of the governor shall not extend to initiative of referen- dunn measures approved by majority of the qualified electors"
 This section shall not be construed to deprive the legislature of the right to enact any measure"
 Representation Wiped Out.
 A legislature is established, but with limited powers. The legislature may act. but it's every act may be undone by the people. It may pass law, but the law may be repealed at any time by referendum. Laws may be passed by the people acting independently and without the legislature. Practical ly any law may be enacted without the legislature and any law enacted by the legislature may be repealed by the peo- pie without legislative consent The legislature has, therefore, no real law making power, for all of its acts may be undone and laws may be passed without it's sanction or consent The real and substantial legislative power is not delegated to it, but is reserved It cannot be said that any real power is ever delegated when the granting power reserves to itself, at all times, and in all things. the power to revoke, to undo that which has been done, and to act for itself independently.
 The ultimate controlling power of under this proposal, lies with the people, for under the refer endum all acts of the legislature in cluding repeals by that body, may be and completely abrogated.
 Under this act, therefore, the legis- | lative power is not delegated, but re- i tained by the people is to be exercised | directly by them. The legislature is a | mere form, a body shorn of power. It | Is not government by representation, | but government directly. Such form | of government is not republican in form, but democratic, and is repugnant | 10 the constitution of the United States |
 Tie Oregon Evasion.
 But, it may be urged that because | his proposal provides for a legislature | and that this legislature may act and | hat its acts may become law, that be- 'ause some shreds of power are left | {, that representative government is | preserved, and the act is valid. This s the argument of the supreme court |