Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1910-08-22

The initiative ana referendum.

INC immune wv
Editor Morning Journal.
Dear sir. OFTEN and earnestly the
question is being asked. What should
the constitution of New Mexico CON
tain2 would answer that, so long
Yq provision Is nude for direct leRis~
lation. the remainder OF the constitu-
ton, after prescribing the form OF
the government. should be as short as
possible and should contain the rev
est possible restrictions on the rights
and powers OF the people at large
The principal purpose Of q constltu-
ton, after prescribing the form 81
the government, rs To safeguard inv
interests of the people from injury at
the hands of their representatives, or
rather at the hands of seekers 81
special privileges operating through
tho representatives.. The people at
large do not need safeguards against
themselves. JUDGE Mann and q few
others to the contrary notwlthstand-
Ing.
A lonc constitution IL dangerous,
because il binds the new state nara
ana fast on "a large number of propo-
aUons. with the possibility OF injury
at the hands of the peoples represen-
tativcs reduced t0 the minimum, as
ID would be with the initiative and
the referendum, the loss the states
and the voters powers are restricted
the better. The restrictive provisions
necessarily Included in the constitu-
tion az the United states, and the sad
experience of the United states In the
annulment OF many laws because OF
conflict with those provisions, should
serve as "a warning To- states. state
is In better position IN the making OF
"a constitution than the United states,
and New Mexico should take adVnnt-
age of that foct. To hamper itself IN
the work of self-improv"ment Whlch
lies before Il, by the placing of any
but absolutely needed restrictions m
its constitution, would seem very fool
ism indeed. The above applies, not
only To- constitutional provisions that
most of us consider bad, but also TO
those which VIZ may believe To be
good. A number of provisions of the
United states constitution have been
given. hN court construction, q mean
ing and effect altogether different
from what the trainers OF The consti-
tuition intended they should nave
How do we know what our court may
DO in the future. u more than our
forefathcrs knewe So let as not take
turc. under the guidance aud control
of the people. To- take care OF All such
matters as ure moi absolutely neces-
siry in tho constitution. For tN-
nmple. / should not wish 20 see such
matters as tho recall Of officers, Inc
dlrcct primary. 20 corporation COM
mission. etc. specifically provided for
~ the constitution itself, but should
Nke lu see the right reserved TO the
legislature and the voters Co pass laws
ON those subjects. The legislature.
. a. rf. e.f.ru IN nE1nE
of the initiative. could then place on
the statute books laws relating To-
thte, subjects. and could do h. os rap
/ idly or as SLOWLY as they wished. TT
/ better methods of regulating such
matters should Doe later devised. they
could hc put into use without the
necessity of a constitutional amend
ment simply hy modifying or reptaI-
ing the ola law.
Four possible ways of providing for
direct lre Station occur 90 one.
o. To lct the constitution contain
/ specific provision for &c.
To reserve bon the constitution
to the legislature the power to pass
lsurh a. Jaw if e. secs tit $50 Go do.
81 TO place in the constitution the
provision that the first legislature
shall at it- first session. pass such a
law
no have the constitution SUBJ
mittel tn tho voters of the territory
lu srCtIons with an Initiative ana a
referendum provision as separate
sections SEQ that the voters may acc
I ccnt aut part and reject any part
The first method would Doe bad be-
Caus, E would hc too hard to correct
hny defects that might boz inCOrpo-
rated in the original provision. The
second would be bad because the Leg
islature might refuse. as 30 has been
known tn dn in other states. 90 pass
The desired legislation mo- matter how
strongly the people might wish for
Ia AZ the constitution is 20 be sub