The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1910-09-04
NO CONSTITUTION NEEDED.

4, Mr. Barnes of New York, the head
. boss Of the "old guard or at least
the only one with courage enough to
3 speak right out. makes direct attack
upon Mr.. Roosevelt, alleging that lie
is soaring up hystera in the country
which is bad for the interests of the
people and will eventually subvert the
government OF the fathers as handed
down to us.
There is no doubt but there is good
deal in what Mr., Barnes says. He espe-
cially attacks the initiative, the refer
endum, the primary law, direct legis
lation, and number of other modern
Innovations
The objections to the primary law
have been often stated in these col
umns, the chief one being that it is
incomplete and gives unsatisfactory
and minority candidates.
The objection to the initiative and
referendum and direct legislation may
be summed up as Mr. Barnes does in
part, as we judge from the report OF
his statement, as being utterly sub
| NN.SlNN W SpN Vi ulbOh''
They are subversive also of constitu
tional government, for the reason that
there is no higher authority for a con.
stitution than that the people have
adopted it, But there is no use for a
constitution if the people are going into
direct legislation either as such or by
way of initiative and referendum. \
constitution is right, is useful, is alb
solutely necessary In representative
form of government; but u written con.
stitution rs binding the people them
selves, when they undertake direct leg
islation, is out of date, is wholly il
logical, not TO say an offensive en-.
cumbrance.
The adoption of a constitution is by
vote of the people. 1t is the popular
voice direct. 1t limits. guides, and is |
n chart for legislative bodies which |
represent the people; but the constitu
hon which the people themselves have
adopted restricts. and which limits and
fetters the representatives of the peo
pie in their acts as the people IS agents
for doing public business entrusted to
their hands, has no right to limit or
restrict the people themselves. Evi-
IDENTIFY no such limitations are proper
or logical as applied to the masses Of
the voters in their actions either by
direct legislation or by initiative and
referendum, for the highest voice in
any form of popular government is the
voice of the people themselves There
should be no restriction or limit, nor
can there be logically, TO this, either
by way of a written constitution, by
way of organic law, or in any other
form, Where the people rule direct,
they have the right to rule unrestrict.
I'd by any limitation or lettering, Any
legislature is at liberty to revise,
alter, amend, or repeal acts Of previous
eg,slatures; but when we go from the ,
legislature to the people, who have
adopted the constitution for the pur. ,
bose of limiting and controlling their
legislature, then there is no logical rea- !
on for n constitution at all. In fact, ,
he constitution is absolutely out of .
NS' JeS' "a" HiuIH oo do WuuIu De al 1
'rganic restriction upon a legislature, Z
orbidding it to alter, amend or repeal
avs of previous Legislature. A con !
titutlon is the people 3 voice crystal :,
zed into written form; but if the peo. i,
'le at large are going to legislate, :
here is no reason or consistency in J.
aylng that their voice is to be fet- .
cred by previous utterance of their y
wn in the form of a constitution or :
therwse
The advocates of direct legislation +
r initiative and referendum are lopi- ,
ally bound to agree to the proposition +
hat the people should not be restricted .
" any previous decision of their own, .
nut should be as free to assert their ! c
'oice without regard to any previous
eclaration, as one legislature is to as :
ert' It's voice In contravention of the q
cts of previous legislature. 6
In so far as this is concerned, the h
oice of Mr.. Barnes is the voice of rea, .
on, Of moderation, and of conserva- =
i've, logical strength; and his attack d
pom Mr.. Roosevelt for his apparent =
ayoring of all these invasions of con. y
htntional government is a Just and b
easonable attack. which is fully sup O
orted by the history and practice of i,
wi government in the United States n
s we have all hoon |