New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1911-06-20
attacks ARIZONA IDEA
.,;.kersham Arraigns Proposed
Constitution at Yale.
FAILS PLAN HAPHAzARD ONE
r.,oress Not Bound to Approve
Action of Territory's Elec-
torate, He Says.

t-sven. June 19-Attorney General
N.-.har, told the graduating class Of
T.Is Law school to-day why he was
..,osed to the proposed constitution Of Arr
oN ard scored the referendum, the initia-
nd the recall He termed IT an abuse
,a-gusge 20 call such a scheme Of
-.~.-nment popular.
s e a. attempt. declared the Attorney
Fl 10 create a government OF all
.onls BY a minority Of the people, for
-sll minority Of the people.
- ,5ont il would be 70 substitute for
..s,i,utions which are the growth and
.ol,+ion OF centuries Of American ex-
go the devices OF French revolution
- swiss socialism.
~v-bile q free. enterprising and progressive
..,ole will not reject improvements sim
-, because they are new or untried. Yet
'.,rghtful Americans must ever consider
,s6,cs1 changes in their government
-. ar natonal-in the light OF Washing
=, Warning TO resist with care the spirit
: ,,,ovatiou upon the principles of the
.s,,,,,tious Of the United States. lest al
...,.ior in the forms of our fundamental
.,,,ctlres Of government impair the ener-
- ~ the system and undermine what can
-. Re directly overthrow.
conorsss Not Bound to Approve.
~ Uickersham discussed the proposed
.,rs,itutons of Arizona and New Mexico
s,,64mically at great length. Alons this
an he said In part.
co,gress IS not bound 10 approve a con-
c.
-" constitution conforms with the ConCi-
,ors specified in the enabling act con-
-~ass may because OI the general nature
- Ire institutions provided IN the proposed
S.-stirution because OF the conditions
--Se~ which the constitution was adopted,
Ssrsuse Of the character Or number OF the
sscfo-ate uu0n whose vote III was adopted
~ Seoause or any other reason which IT
-sv deem sufficient. or without any rea-
-, raiac- q proposed constitution in toto.
!, r4ouire ir 20 be modified i'm any given
os-ricular q condition 20 admitting INC
rate
" vicke-shsm declared that less than
r nsr cent NJ the voting population and 8
AZ cent Of the total population Of the
,.r-,-orv had voted for the Arizona consu-
mron r. continued.
rorCess nav well consider whether
ts--itorv in which So small Z percentage
NJ fbe qualified electors exhibit sufhclent
interest 90 vote upon me acopuon OF me
hrdaments' law ou which lt seeks ddnls-
son 70 the Union gives evidence or that
esrscitv for self-Covernment wllch iS so
s;sential 90 the maintenance or free ustl-
irons
v,ulsr government embodied In the Arl-
"a constitution have vigorously opposed
e.srcr0val Of that Of New Mexico as re-
s-orar- and have as strenuOuSlE assert
y the republican character or the plan
.ocossd for Arizona. H. IS an interes ting
.-sr.dox thar rho whole tendency Of modlfi-
.zrors in the established forms of repun-
r-sr government advocated a. accomplish
'rg a greater popular participation ln the
.5rs-7mert is 20 confer power upon a
s~sU minority OF the people 20 control not
,ay the making nj laws. but ot constl'u-
rons
caoosnE convention ~ delegates 20 frame
a constitution. who submit the same 70
,ouuar vote IT, after adoption. no stabil-
IL Or degree Of permanencN rs secures.
bur the results may be changed as readily
and perhaps more readily tnan an orul-
rs-v act q tire Legislature.
Referendum, = "Haphazsrd" System.
SIR Wicksrshan next characterized the
system OF initiative or refendum as
haphszard" one He said.
-be real question presented is whether or
A ot all the people shall be governed by rep
rssentstivas chosen for the purpose IN an
orderly. regular way. acting n ACCORDANCE
n-t- 4 we'll uatured fundamental law
ADOPTED BIZ the active concurrence or az
'sss' a majority Of tho adult male po7u-
'.fon. or by self-COnstituted representa-
ivss acting without direct responsibility
grder rre hanhazard system of initiative
~ referendum Al the instance Of small
-'noritv NJ the electorate.
Bearing i~ mind the practical WORKINGS
n sve~v dav life In a busy. prosperous.
romre~c.al community ir is apparent tndt
large number OF the community. and mat
'he most productive port. on OF the COM
nunitv. cannot. and Do not. give constant
attention 10 the affairs OF government
Under a scheme If government such IS
proposed N the Arizona constitution
snsI r1iroritr % the qualified electors
egani2ed t0 accomplish any particular pur-
pose can mould the laws or hven the con
rt-tign 90 accomplish their purposes be
',rs the great majority # Tho electors are
sVare ~ what Is going ON.
The PROPOSITIONS submitted 70 the electors
grdar the scheme Of initiative and refer
srdun ara TTed and put before the voters
without tho advantage ~ t1e examination,
DISCUSSION and debate which has Do n
f-foucr0ut the whole history OF the
Tasish -reak.rZ peoples the 0ruci5le IN
WHICH legislative projects have been tried
~ before enactment into law.
Tie system which aa~ the evolution or
American growth and institutions the dis
'ncrvsi~ American Plan ot government