Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1910-09-04

1 1EEt ~ ~
n more or less interested in the pro
. posed initiative and referendum
clauses OF our constitution. Many
/. plausible reasons for their adoption
are urged. II Is proposed to return
the government to the people. MANY
voters who have doubtless given tho
matter but superficial consideration
appear to be heartily in favor OF
these measures. Their advocates ar,
very enthusiastic concerning them
From the zest of their advocacy II
may be inferred that they think all
public evils would be speedily eradi-
Gated by the Incorporation OF these
measures into the constitution.
IL Is urged that II corporations and
other interested parties get vicious
LEGISLATION enacted. ii may be held up
by the referendum; that If the legis-
lature should refuse to enact desir-
able legislation the people themselves
can pass necessary laws. Stated thus.
nothing could look more attractive.
But experiences Of the past has shown
that II Is no every fail sounding pro-
posal that realizes al that 1t prom
ises.
Let as consider 2 whether
these measures will realize the assur-
ances Of their advocates. and whether
or not states having them. have Sc
cured laws not on the statute books
OF other states. First as 10 the refer
endum. In theory, BY its use vicious
laws which corporations secure for
their benefit may be held up and
submitted to the judgment OF The
people. This sounds plausible. Elk
ceedingly so. But, has anyone ever
stopped TO inquire IL corporations
ever ask legislatures to pass laws for
their benefit. Does anyone know Of
any such law nov In force in New
Mexico or that has ever been passed
IN any other stateT a number of
years ago, while discussing this ques-
ton In the public prints the writer
made the challenge that no such law
could be found and up to late only
one such has been called to his at
tention.
The writer believes that 1t Il only
on very rare occasions the corpora
tons desire laws passed for their
benefit. The position of the interests
Is Ike that of Satan. They merely
want to be let alone. Suppose some
Independent refiner should begin
business, does any one believe that
the standard oil company would go
to the Legislature and ask ii to pass a
"W VIA hAAhAA tAhRit II - put inc |
small concern out Of operation? BY
no means. All It desires IS 10 be let
alone. 1t would be able to attend 10
the case OF tho small refiner without
any help. What IL true OF the stand
ard OH company Is true of all the
other large concerns. They are o
asking for laws In their favor. They
merely desire that the laws passed
to control them are not made too
stringent. and that all sand-bag
measures be killed.
II is safe To say thai there are few.
IL any, corporation laws In force in
any state today which the people
would desire to have a~brogated By
the referendum. Every corporation
measure that is passed Is more strin-
gent b it's predecessor, and goes
farther I'm tire direction of control.
Many people might believe that they
do not go far enough that their teeth
are hot sufficiently sharp. but prac-
ttcally all that have been passed have
gone further In the direction of cor
poration control than the statutes
which preceded them. II this is gem
orally true, then the argument urged
support OF the referendum falls.
If 1t f. not true | would he much
Obliged 70 any Of its advocates who
VIII point me to any statute In force
to-day that VIII sustain their position.
IL Is urged In favor Of the initia-
tive that the people viii be enabled to
make their OWL laws. Just how they
can DO this Is very difficult To con
eeive. The people van not come to-
as a deliberative body and TAX
counsel. devise laws for their bet
The only way the Initiative
can ever be made operative Is for >
some individual to draw a hill and in :
vito the electors to endorse II and by }
their ballots enact II into law. The :
people have nothing 60 do With the
drawing Of the bill. They are not J
consulted about the different features
which shall go into Its makeup. They |
can only say whether or not they /
TO have Il enacted into a law. {
VIII the people avc any more to dc
la the making Of laws when they I
proposed measure which some indi-
,idual may have drawn. than they y
DO now when they act through some J
,hosen representative? =
Would anyone argue that a bill Q
drawn by some single individual ;
would as a rude have very much :
The making OF laws Is one Of ,
highest activities of the human e
mind. II Is a matter Of common :
on the lAft OF those iafnli- !,
ar with statutory law that the most I
'arefully considered measures are =
lpt 10 be defective and not provide y
or the contingencies that arise. II =
= safe 60 say that if a hundred men =
N the highest ability. chosen from all !.
walks OF life. were empowered with q
DRAFTING of "a code Of laws. and
'iven unlimited time. il would be inn =
'ossiblc for them 20 foresce cvery-
hing that might arise and p~rovidc =
IT, This being true. who would
XpcCt laws formulated by Initiative
procedure 90 have any great valuc9
II is quite common for the advo-
Of these measures 70 endeavor 81,
n nut their opponents In "a hole by =
skiing whether or not they believe
he people have sense enough to gov al
m themselves. Naturally no pub =,
e speaker cares 60 assume this POSI- n
Il would seem that II is a very T.
case that must defend itself by Ct
n appeal To- prejudice. Personally. nj
em not aNcrec 90 taking the posi- Il,
on that D. people en- masse have OF
81 the ability So Co do. Direct gov il
-nmcnt is not "a new thing. II Is II
d as histors. II has been repeatedly m
led and has failed. r. seems 10 me 10
a real study would convince a.
lycue that without proper safe L.
iards u would Doe certain Ia result cr
MHnaa RI -