Albuquerque morning journal., 1910-11-11

The law w-making power is the great
est power IN government, and IFS
manner OF exercises denotes the form
of government. 1t follows from what
has been said that this power, in q
| republic. must be exercised by the
people, through their representatives.
Tor il the power be eSercisd dirctiy'
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 legisiture,
| consisting of a senate and house Of
| representatives. but the people re-
| serve the power TO propose laws and
! amendments to the constitution and
| to enact or reject lhe same at the
| polls, iDdepenaentlv et the legisla
tufe; and they also reserve for use at
their own option the power 10 ap-
prove 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 or ref
erendum measures approved by q ma
jority of the qualified electors
This section shall not be construed
to deprive the legislature of the right
to enact any measure =
Representation Wiped Ont.
4 legislature is established, but with
limited powers. The legislature may
act, but its every act may be undone
by the people. II 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the law may be repealed at any time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the legislature may be repealed by the
people without legislative consent.
The legislature has, therefore, no reai
law w-making power, for all of its acts
may be undone and laws may be
passed without its sanction or consent.
The real and substantial legislative
power is not delegated to it, but is re-
served. 1t cannot be said that any
real power Is ever delegated when the
granting power reserves itself, at all
times. asd in all things, the power to
revoke. to undo that which has been
done, and 10 act for itself indepen-
IDENTITY.
The ultimate controlling power of
legislation, under this proposal, lies
with the people, for under the refer
endum all acts of the legislature, in
Guiding repeals by that body, may be
referred and completely abrOgated.
Under this act, therefore. the legis-
lative power is not delegated, but re-
tained by the people is to be exercised
directly by them. The legislature is
mere form, a body shorn OF power. 1t
is not government by representation,
but government directly. Such form
Of government is not republican in
form, but democratic, and is repug-
nant to the constitution of the United
States.
The Beginning of Anarchy.
If II lies in the power of the people
Of this state, under the constitution OF
the United States. To destroy the leg
islative and take the law-making
power into their own hands or retain
ii in their own hands, they must have
the same power to destroy the eXecu-
tive and the judiciary. All are forms
Of republican government, all in
stances of delegated power, Of gov
ernment by representation. n the
law making power may be destroyed,
SO may the law reinforcing power and
the law-construing power one is no
more sacred than the other If you
may say to the legislature, I'VE re-
serve the right to undo all that you
have done or may do" you may re-
serve the same right as to the judic-
iarv and the same right as to the ex-
ecutive.
Indeed, it is now proposed 10 de-
stroy the power Of the executive by
denying il the power of veto and to
seriously impair the judiciary by de-
nying il the power to declare uncon-
stitutional any law passed by the
people. This last proposal, If put into
effect. destroys the constitution, for,
if there be no power TO declare law
enacted by the people unconstitu-
tional then every new law will he just
as supreme MS the constitution itself,
and the constitution would consist,
not of the instrument, so called, but
of every law that might be passed
And, If there be no judiciary, with
poWer to say which law is supreme,
in case of conflict. what is left but
that uncertainty which leads to an
archy.
Itspugnant TO Enabling Act.
Again, / conceive the initiative and
referendum repugnant to the enabling
act IN another respect. BY section "a
OF the enabling act, the laws Of this
territory shan remain In force until
changed by the legislature, except as
changed by the enabling act. or this
constitution The proposed constltu
ton, with the initiative and referen-
dunn, does not change the existing
laws, but only provides "A means or
may be changed; only the legislature
may, therefore. change the existing
laws. They cannot be changed by the
referendum. nor can they be repealed
by Implication by initiating a new law
in conflict with them. The initiative
and referendum cannot then apply to
existing laws. and the broad state
ment contained in this proposal. that
any law may he initiated or referred
is not permissible under the enablinr
act. The clause or phrase of the en-
abling act just mentioned indicates
also that congress. in passing the en-
abling act. contemplated that the
legislative power should be vested in
the legislature.
The constitution Of the United
states is the supreme law of the land.
and the enabling act IS supreme, so
far as we are concerned. / am not
now debating the merits or the lack
OF merits Of the initiative and refer
endum; am confining myself to the
constitutionality of the matter. Il is
immaterial whether the proposal be
good or bad from an economic or
political standpoint. ii it be bad under
the constitution.
Pending Case.
As before stated the case from ore
gon involving the constitutions lity of
the initiative is now on appeal to the
supreme court OF the United States d
The case will not he reached for hear
ing. ! am reliably informed. before q
year from this date. The decision of
the supreme court viii he final. I am
we'll aware that in many instances the I