Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1910-09-27
BY r.. w. Clancy,
Attorney General
of e Mexico.

= &AAAfA 9AIEtit1 al
says furnish 'unmigfakab bile evidenc
J of what was republican in form" a
governmental powers ana Junction.
, including the power Of Legislation
were delegated by the constitution {
officers chosen directly or indirectl
by the people. and that in no case di
the people attempt directly TO exer
else any Of such powers or functions
IL must be clear that the recent move
ments in q few states of the union
having for their object the assumption
of the duty n burden Of direct leg
islation by the people themselves. mr.
revolutionary in their character an,
clearly involve q departure from on
OF the fundamental ideas of a repub
lican form OF government at the tim,
OF the writing OF the federal constitu.
ton.
This subject is here introduced per.
haps a little out of its natural order
and this is done because il Is of more
general interest than anything else 4
present in connection with our propos.
ed constitution, ana seems called for
by the primary fundamental consider
alton of what the form of government
must be.
Somewhat later. another chief JUS
tice of the supreme court of the Unit
ed States, in the case of Duncan VS..
Mccall. 13s L S. 46l. uses the follow
ing instructive language.
by the constitution. Il republican
form of government is guaranteed to
every state in the union. and the dis
tinguishing feature Of the form is the
right Of the people to choose their
W Officers for governmental admin
istratiOn. n pass their " laws in
virtue of the legislative power reposed
IN representative bodies whose legiti-
mate lets may be said 10 be those Of
the people themselves; but while the
people are thus the source Of political
power, their governments. national
and state. have been limited by writ
ten constitutions. and they have
themselves thereby set bounds to their
power. as against the sudden impulses
OF mere maiorities.'
1t is quite true hat q very recent
constitution which included the init
ative and referendum vas accepted
and approved by n president of the
United States as being republican in
form. but this was done. as is general
~ understood, against the advice and
recommendation Of a great lawyer,
who Is now himself the president.
The sentiment in favor OF the initi-
atiye and referendum is a survival OF
the Utopian and visionary ideas of a
purely democratic form of govern
ment-ideas which had their advo-
Gates ut the time OF the foundation of
our national government. and which
were as well understood by the au-
thors Of the constitution as they are
by anyone today. and there can be
no reasonable doubt that, by the par
ticular form of language used in the
constitution, II was the intention not
to include a democratic form of gov
qFnnlQnf hVfaf pltafurfAn from "A
comprehensively recent work on con
stitutional law will show how clearly
the author perceiyes this distinction:
The system of government in the
United States and in the several states
is distinguished from a pure democ-
racy in this respect. that the viii OF
the people IS made manifest through
representatives chosen by them To ad-
minister their affairs and make tiunir
laws, and who are instructed 0ith
defined and limited powers IN that
regard. whereas the idea OF a demoe-
racy. non-fepresentatiye in character.
implies hat the laws r malA fy
the entire people acting in a mass
meeting or at least BY universal nd
direct vote"
The above quoted laneuase was not
written with any regard to an appiiea-
ton TO present controversies as the
book was published as far back as
1887.
Another quotation from a much
more recent author. whose nightly es-
book was published a little
over two years ago, may be Of interest
In this connection. The book is hat
II Mr.. l.. Stimson on The law OF the
and State constitutions and
al page So we find the following:
THE state initiative, os of curse, di-
'ect legislation by the people: and this.
Il must be noted. is no new hing. lut
merely a recurrence TO primeval prin-
,iples-doing away with that mccn-
lion of representative government
which has served the English people
we'll for q thousand years end has
been commended as their peculiar
contribution to political science. Di-
rect legislation early existed in Eng
and, at least as 10 the free MEN OF
greater harons: indeed. mention IS
by historians OF a Witenagemot
II sixty thousand men meeting Oh
salisbury Plain not very long after
conquest. The Inconvenience and
Expense of such large ass atntlies, eau-
He'd perhaps with the nott1l Of great
r. wisdom in their chosen represen.a-
ives, gave rise 10 the device 81 lep- =,
'esentation. IL is difficult 10 zee why
he objections 0f a thousand Netrs aEo .
not apply today. ar ieast as SO me
ana cyrn ds Ia The rp.er-
'ndum. The Inconvenience OF refer
ing en- laws 70 tie ."supic Is Ylrcady !
.hoWn in the usual provision that they
D. allowed 40 woe on each
amendment 20 the constitution sepa- !
and that not more ;har two or
.hree amendments may ba submitted :
q any one year.. for submission OF a
by referendum Is practically the
in working rs that of "a consti-
amendment :
Again. on page 50 Of the same book
will be found some further sugges-
ions. worthy OF respectful considera- ,
"A more radical measure still. is
of the recall; that is. any sen8-
or OF representative. or possible el n
judge or other officer. may ha in
family retired by a direct vote II the
As 10 this. and indeed the ref :
10 may safely be said that :
he laws should be very careful TO J
eQuire "a sufficiently large proportion e
Il the toml vote. The writer believes :
he most serious danger Of the initi- A,
tive and referendum 10 he It's per e
ersion Co the very corrupt purposes J
he institution Is designed 10 prevent =
{ would be easy enough Tor "a public '
crvicc corporation. directly or indi- :
ectly controlling possible a tenth q
he voters or an entire city. % proposes
duplicated laws. BY initiative. w1ieh q
ne people might inc hard To- under d
taud or in which they would take q