Albuquerque morning journal., 1910-11-11

Phoenix. Ariz.. NOV S.-Mr Kin
gan Of Pima county in the committee
of the whole. while 2 motion 70 rec
: ommend the adoption OF the com
mittee's substitute for the Baker d.
| rect legislation measure was pending
presented the following logical afgu-
| ment against Il on the ground that II
WIS subVersiVe of representative gov
ernment and was calculated almost
certainly to defeat statehood. me al
dress Of Mr Kngan. VINO rs regarded
as one of the foremost constitutional
lawyers in the southwest. was PANS
takingly prepared, and was read by
him TO the committee. II IS IN part
as follows.
am opposed 10 his proposal for
the reason that it is Of doubtful Naliei-
tv under the enabling act and the con
sttution of the United states and
will delay, il not defeat, stgtehood.
By section 90 of the enabling act, it
is provided that the eonstitution to he
framed by this body saan be republi-
can in form, and shan not be repue-
nant TO the p0nstiEtion Of the Unit
ed States
The fedora constitution Declares
The United States shall guarantee
to evry state in this union repub-
licih form of government Article
~ Section 4.
A epublican form of government
has always been distinguished from
a democratic form of government. \
republican form of government is a
government by representation, a gov
ernment, by agents. by delegates;
form of government is q
Is a government by the
whole people acting directly and
whore power is reserved by them
selves. A republic Is g government
by representation; a democracy, Il
by the people acting di-
rectly
Those distinctions were wen I'm,
derstood by the founders of this gov
ernment. No persons ever understood
the differences better.
In the tenth paper of The Federal
ist." written by Madison, is the fol-
lowing:
From this point Of the subject it
may be concluded that pure democ-
racy. by which ! mean a society con-
sisting of n small number of citizens,
who assemble ana administer the gov
ernment in person. can admit of no
cure for the mischlefs Of faction. a
common passion or interest viii, in al
most every case, be felt by a major
its Of the whole: communication
and consert results from the form Of
itself and there is moth
ing TO check the Inducements to sac
rifice the weaker party or an obnoX-
ious individual.
The Turbulent Democracy.
Hence il is that such demucracies
have ever been spectacles of turbu-
lence and contention' have ever been
found Incompatible with personal Sc
curity 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 patronized this species Of
government have enormously suppos-
pd that hv reducing mankind to per-
feet equality in their political rights,
they would at the same time be per-
fectly cqualized ana assimilated i'm
their possessions, their opinions. and
their passions.
"A republic. by which I mean a
government in which the scheme of
takes place, opens
different prospect, and promises the
cure for which we are seeking. Let us
examine the points in which Y varieA
from pure democracy. and we shaii
comprehend both the nature of the
derive from the union.
''Thc two great points of difference
between democracy and a republic
are: First. the delegation of the gov
arnment, in the latter. to a small
number of citizens elected by the rest
secondly the greater number OF eiti-
zens. ana greater sphere Of country,
over which the latter may be extend
ed"
The Republican Form.
Also. in the thirty paper of
aThe Federalist." written by Madison,
Is the following:
when, then are the distinctive
of the republican form 20
'If We resort. for e. criterion. to the
different principles on which differ
ant forms of government are estab-
lished We may define a republic to
he. or at least may bestow that namc
IN. a government which derives all it's
powers directly or indirectly from the
great body Of the people. and is ad-
mlnistcred by persons holding their
offices during pleasure, for limited
period. or during good behavior
Judge Cooley also defines a republi
can form Of government in his work
on the constitution Of the United
states. and says:
THE constitutional is imposed as
a duty upon the United States To
guarantee to every state in the union
N republican form of government.
The requirements sprang from con-
viction that governments of dissimi-
lar principles and forms were less
adapted to a federal union than those
which were substantially alike. and
that the experimenting government
ought 10 possess authority to defend
the system as greed upon against in
novations which would bring with
them discordant and antagonistic
principles.
What Is Guaranteed.
'fThe terms OF this provision pre-
suppose a pre-existing government Of
"A form that is TO be guaranteed. As
long. therefore, as the existing repuh-
licanforms are continued in the states
they are guaranteed by The federal
Whenever the states
may choose to substitute other repub-
lican forms. they have right To do
20. ana to claim the federal guaranty
for the latter. The only restriction
imposed on them Is that they shall not
exchange republican for anti-repubh-
can constitutions.
what is republican, repuhli
can government is understood q gov
rrument hy represe natives chosen by
the neonlc and 10 contrasts on ono
side with n democracy in which the
neolie or communit.- as am organized
whole WELD sovereign powers ul gov
ernment. and on the other with the
rule Of one man. as king. emperor.
crar. or sultan. or with that of one
class OF men. rs an aristocracy.
Also. Eouvicr SAYS. speakins %