Santa Fe new Mexican. [volume] (Santa Fe, N.M.) 1898-1951, 1910-11-03
CUTTING DOWN
CONSTITUTION
Arizonans Are Now Paying
Attention to Eliminating
All Legislation
FUNNY RECALL PROVISION
Legislature to Be Prohibited
From Limiting Damages in
Employers Liability.

| Phoenix, ArlZ., NOV. J.-lne Cnle
development in the constitutional con
vention yesterday was a disposition
to eliminate what is believed to be
purely legislative matter and to cut
out of proper constitutional matter
details which can be fixed by the leg
islature
This disposition was manifested to
some extent in the consideration OF
the recall propositions and more
strongly in the Wills proposition for
the protection of the livestock indus
try, which was finally indefinitely
postponed.
In the afternoon again the dispo-
sition came to the surface in the dis
cussion of recall propositions and a
direct primary proposition which had
been reported from committees and
whole.
In the afternoon an unexpectedly
warm debate arose over a PROPOSE
ton prohibiting legislatures from linn
iting the amount of damages for
which an employer is liable for the
death or injury Of an employe as
| the result of an accident in the course
Of his employment and making null
and void any contract or agreement
by an employe releasing his employ
er from liability in case of his injury
or death from an accident.
The judiciary committee had report
ed the proposition recommending its
adoption. No opposition was offered
| to the purpose of it but it quickly
! began to suffer from amendment. In
order TO make it more clear and
consistent. Mr.. Ellinwood moved that
| it be amended by substituting the
words, amy agreement made by any
employe to waive" for 'any agree
ment by an employe waving" This
amendment was adopted and in this
form the measure was reported to the
convention.
When it was again taken up, Judge
Baker expressed doubt about the pro
priety of its adoption. He was not
sure that it was a proper constitu-
tional question, though he said he
would vote for it. Judge Doe was
dissatisfied with it on the same
ground but he said he would vote
for it. 1t might be purely legisla-
tive matter thought Mr. Bolan but
1t was matter of so much Importance
that it should find place in the con-
stitution.
Mr.. Franklin directed attention to
the fact that the protection it was
designed to afford was limited to a
certain class, the employe himself
whereas his family might be left
unprotected. Besides passengers trav-
cling on railroads under certain con-
ditions were required to waive their
rights to recover from the company
| in the case of death or personal in
jury.
1t was suggested by Mr.. Kingan
! that an amendment providing that
"any contract or agreement to waive
be void" would meet the objection
raised by Mr.. Franklin. Mr.. Orme
and others. This suggestion came
after the proposition as it had been
amended had been agreed to by a
vote of 40 to l. Regarding the sug-
gestion of Mr.. Kingan, Judge Baker
expressed doubt as to whether the
proposition in that form would not
interfere with the constitutional right
of contract The proposition was re,
ferred to the judiciary committee.
The Recall.
The greater part of the morning
session was given to the considera-
ton of the recall proposition, sub
stitute for the Weinberger measure
for the committee on impeachment
executive and removal from Office.
This provided that recall proceed
ings may be instituted on a petition
signed by twenty-five per cent OF the
votes cast for the Office affected. The
officer sought to be recalled may stop
the proceedings by resigning within
five days The officer, IN case the
recall proceeds, may cause his name
to be placed on the ballot as can
didate and if he receives the highest
number of votes he may retain his
office. If any subsequent proceedings
are begun against him during his
term, the petitioner must guarantee
the expenses.
Proceedings cannot be begun
against an officer during the first six
months of his term except in the case
of a member of the legislature who
may be attacked after the first five
days.
In a recall election, the ballot shall
contain a brief statement OF the
charges against the official and brief
defense by him.
Two minority reports were submit
ted differing from the majority main
ly in the provision that the vacancy
caused by the recall of an official in
the manner provided for filling all of
fetal vacancies All other propositions
bearing on this subject were indefin-
itely postponed.
Too Legislative.
The next matter taken up was Mr..
Dills' livestock proposition providing
that measures should be taken against
pleuro pneumonia, splenetic fever,
! s,,fo