The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1911-02-17
is ALL ONE WAY.
House Passes Initiative and
Referendum 1O7 to 10.
Davis Makes Last Stand Against
Measure.
HIS SPEECH NOTABLE.
Won Applause Even From Ad.
vOcates of Measure.
Says 1t Would "Pull Down
Temple Of Liberty
HIS SPEECH NOTABLE

The house spent all day Wednesday
on the initiative and referendum
resolution by Don Carlos. This is the
administration measure and covers
only three or four pages. but with a
majority of the members in favor of
| the scheme, or supposedly in favor of
it, the entire day was required to pass
the measure. The final vote for the
passage of the resolution was LOT to
TO-. The following Republicans voted
against the measure: Case of Dickin-
son, Davis of Kiowa, Lambertson of
Brown, Martin of Hodgeman, OIinger
of Shawnee, Wettack of Montgomery,
Yates of Cove. The Democrats who
voted against the measure were:
Trew of Morton, Kelley of Shawnee
and Maloy of Norris
The prohibition question entered the
debate, of course. The per cent neces-
sary for the initiative was increased
from eight on legislative to fifteen on
constitutional questions. This per cent
Will practically cut out all constitu-
tional amendments, but the prohibi-
tfonists were satisfied. and that is the
main thing. The vote to increase the
per cent to fifteen was At to "A.
In the debate over the initiative
and referendum resolution in the
house Wednesday, two notable speech
es were made, one for and one against
the measure. Don Carlos, the author
of the resolution, made a forceful
speech in presenting this new plan of
lawmaking to the house. He had
studied the question deeply and had a
clear and interesting style of express
sion. He held the attention of the
the benefits and advantages of giving
the people a chance to take a direct
part in legislation.
Davis of Kiowa, who opposed the
nlf a 81 ~
and mastery address. Friends and
enemies of the measure alike Joined
| in the applause when the man from
Kiowa took his seat and came for
| had finished. His effort compelled
admiration. His argument was as
clear cut as cameo Speaking with
! out notes, he followed closely the
| through in manner that gave the
clearest insight to the question. and
his diction and fluency were as ready
as though he read the speech.
| Referring first to his position as a
| repr resentative from Kiowa county, he
produced a petition signed by six
hundred White Ribboners protesting
against the passage of such a meas
! ure for the reason that it made pos
sible a resubmission of the liquor Ques-
ton He declared that the people of
his county and the newspapers there
were against the scheme. Referrin g
to the proposition that the plan was
unconstitutional, Mr.. Davis said in
| part:
Like a fire bell in the night, this
movement to change our republican
form of government should startle
every patriotic man, for this danger
Gus and revolutionary doctrine would
| in the end lead to the destruction of
all free government. BY this resolu-
ton it is proposed that the people
shall enact laws, without the interven-
ton of the legislative body prescribed
| by the constitution. As to any laws SO
enacted, the legislative branch of the
governm ent would be eliminated. The
republican form of our government
would thus be destroyed and we should
revert to the pure democracy of an
cient days. Our highly specialized
form of representative government
which has been. evolved through CEN
turies of trial and experiment, would
be set aside, and we should go back
to the clumsy methods which prevail
in the infancy of all republics.
eff we can abolish the legislative
branch of the government, why not
the judicial branch as we'll? Ques-
tions of life and liberty and property
would then be tried. not before trib-
unal organized for that purpose. but
before the whole body of the people.
And If we can abolish the legislative
and judicial branches of the govern
ment, it follows that we can go a step
further and abolish the executive
branch of the government. When you
have taken this revolutionary step you
are on the highway that leads to alb
solute anarchy.
Has the legislature the constitu-
tional power to effect this change in
our form of government? The const1-
tuition of the United States is the Su-
preme law of the land, in the state as
well as in the nation. We are bound
thereby, anything in our state laws to
the contrary Notwithstanding.
THAT constitution declares that the
United States shall guarantee to every
state in this union republican form
of government. A republican form of
government means neither monarchy
nor a pure democracy. but a govern
ment whose power rests primarily in
the people, but which is administered
by representatives elected by the peo-
pie.
$50 few have been the attacks upon
our form of government that court de-
cisions upon that question are few and
far between In 1882 the supreme court
of South Carolina said that a republic
is a government which is administered
by the representatives or the people
and for their benefit
In 1890 tire supreme court Of tbs
United states declared as follows: BY
the constitution a Republican form o.
government is guaranteed to every
| state in the Union. and the distin
gushing feature~of that form is tbs
right of the people to choose their owl
officers for governmental, administra
; tive and legislative PURPOSES, and pas
their own laws in virtue OF the legisla
tive power reposed in Representative,
: bodies whose legitimate acts may b.
said to be those of the people them
| selves; but, while the people are thu
the source of political power. their gov
ernnents. national and state, have beel
: limited by written constitutions, an,
they have themselves thereby Sc
bounds to their own power, as agains