Albuquerque morning journal., 1910-12-03
b % iustIfy rcieetIon

and recall. there has been alread
much public discussion, and spac
VIII not permit me to go into In
subject at any length at the presen
time. Attention should be called 1
the fact, which all Of us must admit
no matter what dissatisfaction W
may feel as to the results of its la
bors, that the convention at Santa Fl
could not possibly have been a NOR
! representative body of the citizens o
New Mexico, of all kinds and classes
or its members, as / am informe ed
nearly one-half favored, In a genera
way, the initiative, but they wer,
never at any time able to agree upoI
| the details OF what they wanted, and
after great deal of discussion and
consideration, il was decided tt
abandon attempts to get anything oi
| this kind in the constitution. That II
would have been highly objectiona bic
ana dangerous was the firm convic-
tlon of large portion, probably a
majority, OF the convention, and pos
sibly this may become a subject OF
legitimate discussion a little later.
AS to the recall, 1t was impossible
To discover in that representative
convention any considerable amount
of sentiment in its favor, and 1t Is safe
no popular demand for it. Mr., Fer
gusson seems specially aggrieYed that
there should not be such a constitu-
ticnal provision so as to recall from
office judges who may be elected. It
is difficult to understand how any
thoughtful and patriotic citizen could
desire thus to destroy the independ
ence of the Judiciary by making its
members dependent upon what was
once characterized by great Ameri-
can statesman as "the sudden i'm
pulses of mere majorities."
AS to the other omitted matters of
direct primaries and a corrupt prac-
tices act" they are purely matters for
regulation by the legislature. and
there is no reason to assume that
the people will not elect as good
members of the legislature as dele
gates to Q constitutional convention.
1t would be dangerous to embody in
a constitution untried legislative pro-
visions as TO elections. which would
then be slow and difficult TO change,
when experience in other states has
shown how hard II has been to deal
with these particular subjects. In
Illinois there have been three or four
different primary election laws, of
the operation of which there has been
Il
debated question whether direct pri-
mary elections as practiced in the few
states where they have been adopted,
afford any effective remedy for the
wills incident to pertisan politics. and,
rs in the case of the recall it may be
said that there was but little senti
nent in the convention in favor of
putting such thing in the constitu-
ion. The same things may be said !
If the corrupt practices act The |
'ery use of this phrase by Mr. Fer |
yusson appears to indicate that he |
ooked at the proceedings of the con- |
Ititutional convention much the same !
is those of 2 legislature. This is or- |
'oneous. A constitution ought to be |
framework of government and not |
mass of legislation. In this con-
lection. 1t may be Of interest that a
-ery stringent act of this kind was
lnder consideration before commit
ees Of the last territorial legislature,
nd appeared to excite no opposition,
nut owing to the limited duration of
he session and the great number of
measures IN which members took
pecial individual interest, it was
rowded out and never was reported,
Believe. This was probably due to
he fact that it was not introduced
Intil after the middle of the session.
We win have no difficulty in secur-
ng legislation Of this kind from our
tate legislature.
Passing from the omissions of
Which Mr.. Ferguson complains,
,hen we attempt to take up for con-
LIBERATION the matters Objectionable
0 him which have been put in the
we find practically |
othing He says that there is a
oker in almost every passage relat-
lg to the essential matters of pub
c welfare" We are to understand
Y this that something has been in
erted in every part Of the constitu-
on to hoodwink and deceive the
otter which will be deleterious to the
ublc. AS the constitution contains
articles, with toal of 23S
sctions. nearly every one of which
alates to essential matters, we would |
aturally expect Mr., Ferguson to |
large number of his
iokers," but he really points out only
ne of which he complains and that |
as to the prohibition of the sale
T school sections Of land for less
ian $40 per acre, where they are
)ntiguous to other state lands. The
ear object of this provision is to ,
reserve the lands from sacrifice, but
Ir. Ferguson declares that it is in |
,nded to blind the public and open |
he door to the sale of these lands for
tile or nothing by the device Of To-
lting some small amount OF other
ate lands contiguous to them. such
thing as the possibility Of official
onesty appears to be foreign to Mr.. |
ergusson's mind letter from |
overnor Stover has already been | 7
lblished which quite fully exposes
Ie weakness of this point made by
r. Ferguson.
There is not a distinct specifica- !
IN bv Mr.. FERGUSON OF a single
her so-ealled Joker" of the great
lmber which he says the constitu-
on contains He does say that the
lst acres of coal lands in Colfax
,unty are exempted from taxation
II he does not point out the clause | n
section in the constitution which II
Gates any such exemption and un- II
SIS there is some omission from the
iblished copies of the constitution, II
G only section on the subject of tax
ion OF lands is section ? Of article II
which declares that ''lnnds held in H
rye tracts shall not be assessed for II
xation at any lower value per acre II
an lands OF the same character or II
iality and similarly situated, held IL X
laller tracts" Section . of the II
me article, SAYS that the legislature II
an have power to provide taxes OH II
number Of different things. in