Evening star. [volume] (Washington, D.C.) 1854-1972, 1911-04-13
DIFFERS WITH OWEN
New Mexico's Attorney Gen.
eraI Discusses Constitution.
NOT DIFFICULT TO AMEND
Changes May Be Proposed by Two
Thirds Of Legislature.
MAY BE RATIFIED BY VOTERS
Mr.. Clancy Also Takes Exception to
Senator's Statement Regarding
Election Frauds.
MAY BE RATIFIED BY VOTERS

feet that the constitution Of New Mexico
has been so framed that it cannot be
amended is absolutely untrue" said
Frank w. Clancy, attorney general for
the territory Of New Mexico. who is in
Washington to take part in the argu-
ment of case before the Supreme Court.
In an interview with a reporter for
The Star today Mr.. Clancy insisted that
the constitution framed for New Mexico
may be more easily manded than the
constitutions Of most Of the other states.
Examination Of article 10 Of the con-
stitution will show that amendments may
be proposed at any regular session Of
the legislature by two-thirds vote of
the members" said Mr.. Clancy, land by
a mere majority of the members once
in eight years, which shall be submitted
to the people at the next general cleo
ton, and may be ratified by a majority
Of those voting. provided that majority
equals or exceeds four-tenths Of all the
votes cast at the election and in at least
one-half Of the counties of the state.
"A state constitution should possess
some quality of permanence and sta
bility." continued Mr.. Clancy. TT is
difficult to imagine how greater liber-
atty with regard to amendments could
be provided without throwing the con-
tinuance Or amendment of the consti-
tuition into every state election. 1t is
very doubtful whether a mere majority
Of one legislature should at any time
have power to submit amendments to the
popular vote. 1t tends too much to re-
duce the constitution to the level of or
binary legislation.
There are only six states in the Union
the constitutions Of which SO provide,
and they arc the only ones where amend
ments are more easy of initiation than
In New Mexico. They are Arkansas.
Minnesota, Missouri, Oklahoma, Oregon
and South Dakota. 1t is correct to say
that only three of these have constitu-
tons mare easily amended than ours.
and that in every other state the con-
stitutional difficulties as to amendments
are greater than in New Mexico.
Requirements in Other States.
"Three-fifths Of all members Of the leg
islature are required to propose amend
ments in Alabama, Florida, Kentucky.
Maine. Maryland, Nebraska, North Caro-
lima and Ohio, and two thirds in Cali
fornia, Colorado. Delaware. Georgia,
Idaho, Illinois, Kansas, Louisiana, Mich-
gan, Mississippi, Montana, South Caro-
lima, Texas, Utah, Washington, West Vir-
ginia and Wyoming. without any pro-
visions for such action at any time by a
mere majority. These twenty-five states
can be classed together on this point. as
there is SO little difference between. three
ffths and two-thirds
In Connecticut q majority of the lower
house may propose amendments IN one
legislature, but two-thirds Of each house
isIature.
I'm Massa chusetts action is required
by majority OF the senate and two
thirds of the lower house In two success
uOot,Y uyfyi1 in
must be by two-thirds Of the senate and
majority Of the house in one legisla-
ture, and a majority Of each house in
the next legislature.
I'm Tennessee q majority OF one legis-
iature and two-thirds Of the next must
act before amendments can be sub
mitted.
Action by two legislatures. with a
quired in Connecticut. Delaware, Indiana.
Iowa, Massachusetts, Nevada, New
Jersey. New York, North Dakota. Penn
sylvania, Rhode Island, South Carolina,
and Virginia, and was required in Ore
gon prior to 1902.
Not Submitted to Voters.
I'm Delaware the amendments are not
submitted to the direct vote of the peo-
pie, but may be adopted by two-thirds
of two successive legislatures, with a
legislative election between the two.
lin South Carolina >two-thirds Of one
legislature may submit amendments to
the people, and, II ratified by the voters,
approval by a majority of the next
legislature Is necessary to adopt.
lin the greater number of the states,
when submitted to the people, q ma jOrity
of those voting on amendments Is suf-
ficient without any such provision as in
New Mexico that that majority must be
at least ~ per cent of the total votes at
the election, which still leaves it pos
sible for a minority Of those voting in
the election to adopt amendments.
I'm number of states, however, more
is required, substantially as follows:
In Arkansas majority of those
voting at general election; in Connecti-
cut, a majority Of the electors present;
in Illinois, q majority OF the electors
voting at election of members of the
legislatures; in Indiana, a majority OF
the electors; ~ Minnesota. majority OF
all electors 9Naag at a general election;
in Mississippi majority of the electors
voting at an eoection: in Nebraska, a ma
jority Of electors voting al election of
legislature: in North Carolina, a majority
Of votes cast at q general election; in
Ohio, a majority of electors voting at
election Of legislature; in Oklahoma,
ma jority Of all electors voting at election
of legislature; in Rhode Island. three
fifths of all electors voting: in Tennessee,
a ma jorfty Of all voting for representa-
tives; in Vermont, a majority of the vote