Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1910-10-14
Task Of Delegates at Santa Fe
Has Assembled Formidable
Proportions in Past Few
Days,
ALL PHRASE0L0GY MUST
STAND CLOSE LEGAL TEST
Novel Proposal Made TO lncor-
porate Interstate Commerce
Law Provisions Into C0astltu-
ton ii,
Especial pI,patci. 10 ,ns Morr.lnr Jouru0l,

I Especial Dispatcl, 10 ,he Morning JaurBaii
Santa Fe y NJ. oct ls.-~After Two
days devoted exclusively 10 committee
work tho members of the constitu-
| tional convention have lust begun 70
appreciate the tremendous nature ol
| the task which confronts them, Those
OF lhe delegates who hoped and he
I loved that the constitution would DO
| written in thirty days have revised
their estimate Of the time necessary
land among them are many who now
| predict chat the work cannot be coma
| pleted IN less than ninety days. CON-
mittecs have rushed gallantly into the
work ana prepared tentative drafts OF
articles for the proposed constitution,
| lOnly 10 lind upon further study ana
| Investigation that their phraaeQiogy
would nor -tand The test OF the courts.
| II is generally conceded that every
article in the proposed conststuilon
! win bc subjected To the most minute
| legal examination ana that betore lt
iof the state Il VIII he gone ever with
la microscope hy the moss eminent
legal authorities IN the eountrN
The case OF the commitqee on cor
flrntiDns is an exanFle uithls. THIS
1 esIn ,nitfee Aisf, itierNditesl1that i cCss
1 pofNtion commission VIII be one OF
| The departments OF goeernment. II
| Us equally determined thA the provi-
sions creating this department shall
| bc such as VIII stand ana legal test as
| To- their oonstitutionallty Close ex-
animation OF the elaborate plan con-
sideTed hy this committee and carried
| in these DISPATCHES or Yesterday, dee
volopcd the fact that. there are some
flaws In the article as drafted in that
il attempts to confer judicial powers
on a ministerial body. Attention was
called 60 these defects at todays ses-
sion of the committee hy Delegate
Dougherty 0f Socorro who with other
attorneys who arc members Of the
committee, had made q careful study
oi the subject. AS a means Of obviat-
ing this difficulty ana securing to New
Mexico commission witch viii he
"A real power, Mr.. Dougherty suggest
ed that the committee recommend
10 the convention the Incorporation
into the constitution of the provisions
Of the interstate commerce law-~that
is, the Hepburn act. as II can be made
applicable to a state government lie
recommended the creation OF a state
commission in New Mexico with pow
ers similar 70 those now welded by
the Interstate commerce commission
I'm the territory
The principal advantage claimed
for this plan is the undoubted consti
nationality Of the measure, which,
though vigorously fought by the most
powerful Interests In the country, has
stood the test OF the supreme court
OF tho United states. Another adj
vantage pointed out is the fact that
no doubt exists ia the minds OF the
people, but that the Hepburn act does
accomplish the purpose Tor which
II was onactod--that is, tho regulation
OF common curriers' II is proposed
that when the article is drafted II
shall provide for the regulation OF
rates. and the business OF all rail-
ronds. sleeping ear companies, express
compgnics. telegraph ana telephone
lines Mr Doughertys proposition.
though @ novel one. met with con
siderable favor ia the committee, and
.nftpr "a lengthy discussion participated
i'm by Chairman Bursum and almost
every member present, was reported
to "a subcommittee which Is at work
ou the matter tonight u Is expected
that q preliminary report viii pe re-
ceiVed u tim. for consideration az
the ncXt public hearing of the commit
toe which is scheduled for Monday.
Tile committee has sem out gem
.ral invitation t. the public 70 attend,
and. 10 anyone So desires, 10 address
the committee at it's sessions each
Monday and Thursday
La response ga this invitation, W. a.
Hawkins. attorney Tor the El faso q
Southwestern railroad, THIS afternoon
addressed the committee M consider
able length While Nil Hawkins was
not particularly enthusiastic over the
proposition Go create "a state hoard
clothed With the vast powers now
welded hy the Interstate commerce
commission he admitted that the at