Albuquerque morning journal., 1910-11-11

time 20 time TO exercise them for the
benefit OF the whole nation bow
iers s institutions. Vol. /. page 81.
MI Black, in his work On consii-
tutional law. at page -, SAYS:
Tho United states is g federal re-
public So also each of the states Is
republic, end the constitution guar
antees To each continuance of re-
publican government
And. further, he says on the same
page:
.'The system Of government in the
United states and in the several
states IS distinguished nom a pure
democracy In this respect, that the
VIII Of the. pcople- is. >mHde manifest
through representatives chosen by
il3eui a. administer their affairs ana
make their laws
Thc Initiative and Referendum.
Also. Judge MoClain, for many
years an associate Justice Of the SUI
preme court Of iowa, and "A professor
on constitutional laws, in his book re-
Gently published on constitutional
law, ana discussing the initiative ana
referendum. says.
Indeed. II is still open to discus
sicn. Notwithstanding the attempts 10
introduce the initiative and leferen-
dunn. whether the exercise of the
powers of government by the people
through the electoral body is not in
violation of the provision of the fed
eral constitution Cart. ~, See. -;
that each state shall have a republic
can form OF government necessarily
involves the exercise of government
by representative Officers and bodies
and the distribution OF the powers OF
govei nment among distinct and inde-
pendent departments.
Tho trainers OF the constitution OF
the United states had before them
the constitutions Of the thirteen orig
inal states they were familiar with
them These thirteen states came
into the Union with their existing
constitutions; hence. Il must follow
that these constitutions provided
republican form of government.
A survey Of these constitutions
shows that each and all of them pro-
vided ior government by representa-
ton and not by direct act or vote of
the people.
judicial Definition.
The phrase republican form of
government" as used in the constitu-
tion, therefore, means y government
by representation.
The supreme court Of the United
states, the final authority in all mat
ters touching the constitution, has
declared such to be the meaning OF
the term.
TT is true that the United states
guarantees to every state republl-
can form of government. It is also
true that no state can pass bill OF
attaindcr. and that no person can be
deprived of life, liberty. CT property,
without due process OF law. All these
several provisions oi the constitution
must be construed in connection with
the other parts OF the instrument and
in the light Of the surrounding cir
"Thc guaranty is OF a republican
form of government No particular
Is designated as repuhli-
can. neither is the exact form to be
guaranteed, in any manner especially
designated There, as in other parts
of the instrument, we are in other
parts of the instrument, we are COM
PEELED to resort elsewhere to ascer-
tain what was intended.
'The guaranty necessarily implies
duty on the part uf the states them
selves to provide such q government.
All the states had governments when
the people participated to some eX-
tent. through their representatives
elected in the manner specially pro-
vided These governments the con
stluticn did not change. They were
accepted precisely as they were, ana
IL is therefore 10 be presumed that
they were such as ii was the duty OF
the states TO provide. Thus We have
evidence of what was
in form within the mean
ing OF that term as employed in the
Miner VS.. Happersett'
u Wallace. page 10.
''Ry the constitution republican
form of government is the guaranty
to every state in the Union, and the
DISTINGUISHING feature of that form Is
the right az the people TO choose
their own offices for government adj
and pass their oW' laws
in virtue Of the legislative power re-
posed i'm representative bodies whose
legitimate rcts may be said to be
those OF the people themselves; but,
while the people are thus the sources
OF political power their governments.
national and state have been limited
by written constitutions. and they
nqve themselves thereby set bounds
60 their own power as against the
sudden impulses of mere majorities.'
I'm re- Duncan, 139 L. :. page i6i.
In the case of Downes Us. Bidwell.
in the opinion OF the court OF date
May -. 1901, the following language
is used. speaking Of article 4. section
4 OF the constitution.
Wchstcr'S Understanding.
According TO the definition of Web
ster. n government in which the su-
preme power rests in the whole body
OF the people and is exercised by rep