The Tucumcari news and Tucumcari times. [volume] (Tucumcari, N.M.) 1907-1921, 1910-10-22
Every State Is Guaranteed
a Republican Form of
Government; People Have
Right to Choose Officers.
ADDRESS BY THE
HON. JUDGE MANN
Why They Are In Contra
vention of the United
States Constitution.

The Santa Fe New .Mexican publishes
the following from Judge Mann:
Section Of article Of the Consti.
tuition of the United States provides
that The United States shall guarantee
to every state in the Union Republi.
can form of government. On page
of the Statehood Bill is the provision
that the constitution of the new state
of New Mexico shall be Republican in
form and make no distinction in civil
or political rights on account of race or
color aud shall not be repugnant to
the Constitution of the United States
and the principles of the Declaration
cf independence.
The Encyclopedia of Law and Pro.
cedure. Volume ~ page 1922 defines
a Republican form of government as
follows:
"A government administered by rep.
reseniativcs chosen or appointed my the
people or by their authority; govern
ment by the people, through represen.
tatives appointed by them To the var.
ious departments executive. Legislative,
Judicial. as provided either by direct
vote or through somo intervening Off
Ger or body by them selected aud ap.
pointed by direct vote for the purpose:
government which derives all its DOW
er directly or Indirectly from the great
body Of the people. and is administered
by persons holding offices through pleas.
IRE for limited period. ar ,mring good
beLavior; state IN which The sover.
elgn power resides in the whole body
of the people, and is exercised by rep.
resentatives selected by them: one in
which the people select themselves who
hre To make their laws: one constructed
, an the principle that the supreme power
resides in She power Of the people.
For these definitions numerous eases
are cited from the Supreme Court of
I he United States and the Supreme and
Appellate Courts Of many of the states.
Under the provision of Section 4 of
Article of the Constitution which
provides that the Constitution of the
United States shall guarantee to every
state Republican form of govern
ment, find that the Supreme Court
of the United States has twice con.
strued the term Republican form of
government as meant in that section
of the Constitution; first, in the ease
of Minor VI. llappersett, 81 Wallace
l75. This opinion was written by Mr..
Justice Miller, very able Judge. who
says:
"The guarantee is OF Republican
form Of goNernment. No particular
government is designated Az Ropubli.
can, neither is the exact form to be
guaranteed in any manner especially
designated. Here as in other parts
OF the instrument, we are compelled TO
resort elsewhere 10 ascertain what was
intended. The guaranty necessarily Inn.
..plies the duty On the part Of the states
TO themselves 10 provide such a gov
ernment. All Of the states had govern.
ments when the constitution was adopt.
ed. In nil, the people prescribed 20
some extent. through their representa-
tives elected in a manner especially
lprovided These governments the con
stitution did not change. They were
accpeted precisely as they are, and Il
is therefore, to be presumed that they
were such NJ IL was the duty OF the
states 20 provide. Thus we have nm,
mistakeable evidence Of what was Re.
publican In form within the meaning
Of the term as employed In the con.
stitution.