The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1911-07-13
suTHERLAND,s BREAKS.

Sutherland of this State should concern
himself actively against the wishes oi
the people Of Arizona, as expressed II
their proposed State constitution. There
J is absolutely no reason why any ono II
Utah, from Sutherland up, should worry
in the least about the initiative, the ref
erendum, and the recall, as applied tt
public affairs and officials in Arizona
The people Of Oregon have all these
things in full degree, and in good work
ing order, and yet no one in Utah has
been harmed, or is likely to be harmed
thereby. Everything that is objected to
in the Arizona constitution, Oregon has
And Oregon is mighty prosperous
State, great State, with population
of 672, ,765, a gain of 259,229 in the de
cade over the census of 1900. The In
crease for that State was 62.7 per cent.
Oregon, therefore, can reasonably say
and prove. that whatever any one may
think about the initiative, referendum,
and the recall as being bad, that it GER
tainly has not hurt Oregon. And when
Senator Sutherland flung the taunt that
Oregon was a law unto itself. Senator
Chamberlain of that State made the eff.
fective retort, $50 is Utah.
The stress Of the Sutherland speech
seems to have been against the idea of
legislation by the people. He thought
the referendum, by way Of popular vote
as to constitutional amendments, is all
right, but when it comes to statutes, the
people "have neither the inclination,
the specialized training. nor the time
requisite TO enable them to master the
thousand and one details necessary TO
qualify them wisely to discharge the
functions of ordinary legislation. The
same thing precisely, and quite as just
ly, might be said of the average legisla-
tive body. We do not believe that the
average legislature of any State, putting
Utah in with the lump, is any better
qualified 10 legislate than are the people
themselves. The legislators have not
the attainments, the specialized train
ing, nor are they masters OF the thou
sand and one details necessary to quail
fy them to legislate wisely for the peo-
pie. The fact is that they do not legs-
late wisely. So that, even on this par
ticular point which Sutherland presents,
he is baffled at once by the facts of the
case and by the limitations which he
himself sets up. The legislators do not
have what he claims the people lack,
and neither do they legislate wisely.
The people at large could do no worse
than legislators habitually do.
But what shall be said Of the propo-
sition that the people may wisely and
advantageously be entrusted to pass up
on constitutions and amendments to the
constitutions, but not upon mere acts of
legislation? Surely constitution is
more important than n statute, and sure
ly if the people lack the training, the
intelligence, the judgment, and the ex.
periencc to pass upon an ordinary stat
ute. what possible soundness can there
be in claim that they are masters of
constitutional law, and have the spe-
cialized training, Judgment, experience,
and ability 10 treat of constitutional
erland makes in this respect is exactly |
contrary to the logic Of the position.
Many people understand, and are able |
to Judge of statutes, who are entirely |
lacking in the ability to grasp constitu-
tional provisions, and are wholly unable |
to interpret the meaning and make just |
application of a constitutional text In |
fact, it has always been held that to be |
good expounder of the constitution,
was among the highest attainments of |
great minds. And yet, Mr.. Sutherland |
would have us believe that the masses
of the people are better able to appre-
bend and pass upon constitutional ques-
tions than upon ordinary statutes 1t is
a most ridiculous, feeble position to
take; but even so, he is estopped here.
for the people of Arizona have approved |
this constitution, and according TO his |
own position they are competent to do |
this, which should end the matter. |
We are not surprised to hear
that when speeches Of this kind |
are made in the Senate, they are made
to empty seats.
Another break made by Mr.. Suther-
land was evidently relic of his expert |
ence IN the House, He is represented |
as declining to give way to queries
which we do not wonder at, as he was
handled so severely by those who aues.
toned him as to put him to the worse
on the ground that, if those inauirers
wished 10 answer him, they "could not |
do it In his time. This is phase
which is quite common in the House,
where the time is apportioned to differ
ent speakers on the subject in hand, and |
where speaker is 10th 10 be interrupted |
because the interruptions take Just that
much away from the time allowed him
to speak. Bnt in tie Senate, where time
is unlimited, the re enark has absolutely
no application. There was no limit up.
IN Suf herlooIf q firua, thor,