Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1910-08-30

: > y" tic idicfltneu the noun
talheers at g great disadvantage anC
4, give the more compact centers OF
population all the best Of it. Imagine
: Tor instance, circulating a petition in
the wilds of SandovaI county or civ
ing an even break in such matters Ia
people living on the Frisco river OF
r back in the Black Range? | tell Won.
the application of the initiative and
the referendum depends absolutely
not on the class Of people who make
use of II but IN the geographical con-
dition. In New Mexico / believe the
conditions make it out of the question,
ATTORNEY.
Editor Of the Morning Journal.
Dear Sir: l have been Following
your articles and those of the people
In matters concerning the plans for a
constitution for this territory.
One noticeable feature, by those
who demand numerous restrictions
and innumerable limitations, is that
they fail to distinguish between a con-
stitution. which should provide only
for the framework of government.
containing no statutes. n leaving the
functions of Legislation entirely to the
legislature. That is one Of the notice.
able faults of the Oklahoma consti-
tuition and you will notice the propa-
ganda Of various organizations. indie
pendent n otherwise, who demand
various principles and laws which
really belong TO the legislative func-
tlon OF our government and properly
have no place in a constitution.
Thlnk of a constitution providing
Iot rules Of Evidence. g.. In all
criminal prosecutions for libel. the
truth of the matter alleged to be Ii
belous may be given in evidence" etc.
and, THE repeal of a statute shall
not revive q statute previously re-
pealed. etc. (Oklahoma constitution. /
] suggest for those who are in love
with the Oklahoma form Of constitu-
ton, that the cardinal principles of
evidence, as outlined in "Wigmore's"
law volumes (siX of them) be incor-
porated into the constitution They
are Just as relevant as the foregoing
illustrations from the oklahoma con-
stitution!
Constitutions should be short and
define fundamental powers and linn
itations of government only, and en-
tlrely too much legislation has been
injected into the later ones. Every
one will admit that q constitution
should be staple and permanent. The
placing Of legislation proper in a con
st1tution always leads to constant
Legislation proper is
progressive n to deal in DETAIL
laws in a constitution is to cf-
f~ectually eliminate progressive legis-
lation and there is no better way 10
tie the hands of the people than by
putting laws, as distinct from consti- {
tutional powers or limitations, in an
organic act. A paragraph from one Of
the United States supreme court opin- {
as follows, rendered only four r.,
months ago, is worthy of the most :
thoughtful consideration: "Of course. :
the BENEFICIAL APPLICATION of :
the constitution to the ever-changing l
no Fagrtg Af naT- Faffa.,uT IsF. -.
IN a great measure, RESULTED
FROM THE SIMPLER AND GEN
ERAL TERMS BY WHICH THE c
POWERS CREATED BY THE CON- '
STITUTION ARE CONFERRED. OR G
IN WHICH THE LIMITATIONS T
PRESSED" . " = Time works n
changes, brings into existence new o
and purposes. Therefore a q
principle, to be vital, must be capable
If wider application han the mischief "
which gave it birth. This is peculiarly
rue of constitutions. They are not +
enactments, designed to 81
meet passing occasions. The future 4
s their care, and provision for events S
# good and bad tendencies of which O.
10 prophecy can be made" a
The welfare n happiness of the n
people and the stability of their gov +,
rnmen depends on the fundamental -
NtN NAAAAAAthAAoAA6 VI E0NNi AflltilAl n.
Xpressed in simple. direct and gem II
terms in a constitution! Let the d.
legislature care for the minute and u
he peculiar, which is ever varying "
nd changing. tn
Let me also cali attention to the fact h;
certain limitations and funda- OF
mental principles Gin Arts. 10, a.. tn
8. etc.,) are placed upon the states of 81
he union by the constitution of the fe
nited states UGH as:-'No state III
hall pass any bill Of attainder pI
" post facto law, or law impairing 81
he obligation of contracts etc" and :;
S they will be controlling is there any "
e~cossity for repetition?
a rev words on the question of the
The writer does not believed
Is sound policy or good government SO
amend a constitution by this means. "a
o place the Initiative above the con- C.,
is TO relegate the latter to ci
lere laws subject to be constantly bl
by the whim of the people WI
that deliberative thought or w
'uon which is so essential in framing M
institutional enactments. The old IN
of amending the constitution pl
safe and is rarely, If ever, found le'
anting. co
Again. to avoid fractional and sec 10
on quarrels n determinations the no
itiative hould only be effective up de
a demand by at least three quar- re
II not all, of the n or po- no
Teal subdivisions of the state. The tol
plan i'm his and other particu- tn
rs IS absolutely subyersive TO sound m,
nd sane. calm ana deliberate action pl,
the people. Ia
A higher percentage Of legal voters 1o
initiate this measure Is also an es- m,
initial safeguard. Let the percent So
&C. De substantial So that II may rep =
sent In a true sense the deliberate,
I'm and public Opfuion
ID action Of the people generally and
Il the mere ephcmeral ideas Of any
mporary members or the sudden pa
Issions of any injured or distressed
And IL the measure so initi- III,
ed is submitted tentatively to the
gislative branch OF the government Hu
'c viii find another check that Is 60,
'rth while. am. sir. an
j.. STAAB.
August so. 1910. I