Weekly journal-miner., 1910-11-09

upon the desirability and the advis- ability of providing for the Initiative and Referendum in the Constitution.
 The determination of the validity of
 these measures and the duty of pre- pairing a Constitution which shall be
 in accord with the Constitution of the United States and comply with the requirements of the Enabling Act, devolve upon us. I fancy that many of us were not fully advised ourselves upon this phase of the question until since the close of the campaign, and to those of you who as now advised, believe these meas ures unconstitutional, I venture to suggest that you communicate to your constituents the information you now have and ask whether in the light of such information they still desire you to act upon your ex- isting instructions.
 "That provision of the committee substitute proposition, reading: Sec tion l. The Legislative authority of the State shall be vested in Legis- lature, consisting of a Senate and a House of Representatives, but the people reserve the power to propose tuition and to enact or reject the same at the polls, independent of the Legislature, and they also reserve for use at their own option the power to approve or reject at the polls any act, or item, section or part of any act, of the Legislature, con cisely and unequivocally repudiates the Republican or Representative form of government guaranteed to all the States by Section of Article of the Constitution of the United States and required by the express provisions of the Enabling Act.
 "The primary meaning of the word Democracy is the Athenian form of government, where the governing power is directly exercised by the as- sembled people. It has, howeer, lat terly come to mean a government in which the whole governing power is vested in the people, whether exer- eised by them directly or through elected by them.
 Webster's definition of 'Repub- lie' is "a government in which su- preme power resides in the whole body of the people, and is exercised by representatives elected by tnem.'
 "This definition has been quoted with approval by the Supreme Court of the United States in Downes vs. 1S2 U. s. 279.
 "The men who framed our Con were largely men possessed of a broad knowledge of existing forms of government, and just as well aware of the distinction between al Republic and Democracy as between either of those and mOnarchial form of government. But they de- sired a government in which the peo- pie of the States might either exer- cise governmental powers directly or through representatives elected byI them at their option they would un- luestiOnably have guaranteed to the states the Democratic form of govern nent. Presumably they believed a form of government preferable under existing, and so far IS they could foresee, future condi- litions, and I use the word fRepub- iean' instead of 'Demoeratic,' advis- ,dly.
 "The Supreme Court of the United States has said, in re Duncan, 139 U. l 5. 461: By the Constitution, Re form of government is guar lnteed to every State in the United | States, and the distinguishing feature | 'f that form is the right of the peo lle to choose their own officers for administration, and pass heir own laws in virtue of the leg l slative power reposed in representa- i've bodies, whose legitimate acts nay be said to be those of the peo- lle themselves
 "And again, in the case of Minor 7s. Happersott, 21 Wallace, 175, that Court said: It is true that the United States guarantees to every i State a Republican form of govern nent. It is also true that no State .an pass a bill of attainder, and I hat no person can be deprived of |