The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1911-09-14
THURSDAY. SEPTEMBER IA. 1911.
A CLEAR VOICE rnoM ALABAMA.

There was little furry in the Gov
ernors' Conference at Spring Lake on
Tuesday which some of the correspon-
dents have been trying to magnify
beyond its Importance. The subject
under consideration was the Initiative
and referendum, and the story is that
Governor Emmett ONeal, of Alabama,
In the course of his remarks charac-
terized them as belonging to the brood
of insidious popular vagaries with
which the country is infested. thanks
10 the so-called progressive" leaders
OF these spectacular times. The COM
plant OF the Albanian is that the
initiative, referendum and recall move
ment should be resisted because 1t
"tends to weaken rather than strength
on Executive authority" strips the
Governor OF tho power to veto any
law initiated by the people and adopted
by referendum. "If law Is in vio-
lation OF the Constitution" said Gov
ernor ONcsl, "invades vented rights
OF destroys individual liberty, the only
remedy can be found in the courts;
and where the system of recall of
Judges prevails, overthrowing. as 1t
does, the independence of the judiciary.
the courts would degenerate into tri-
bunals organized chiefly to register
popular Judgment on all legal ques-
lions"
Governor Wilson made answer to
Governor o'Neai's speech, saying that
he thought "the source OF the law" is
a fundamentally important thing. that
some of the laws are bad laws and
bad for the reason that there is a
suspicion as to their source;" that
"the people of the United States (Which
was speaking in rather large way
1t seems to us,) want their Governors
to be leaders in matters of legislation
because they have serious suspicion as
have serious distrust OF their Leg
islatures;" and that there is noting
inconsistent between the strengthen
ing of the powers of the Executive,
and the direct power of the people"
Which was saying a good deal for
the Governors, TO De sure, just Us II
we should say that the people are
suspicious of the source OF the laws
and distrustful of their Lee. .latures
when the laws are originated in the
Legislatures. but would be entirely re-
lieved of suspicion and filled with abid-
Ing trust II the Governors should lead
in legislation. The people who elect
both Governors and Legislatures. the
latter to make the laws and the for
mer to execute. could trust the Gov
ernors. but would be in deadly i'm
minent peril from the Legislatures.
The Schoolmastcr seems to have slip
ned a CO somewhere. Certainly the
streng thening OF the powers of the
INecutiv" would not be advisable in
all cases, as. for example. in the case
of the late governor" Conner, of Ala
bama; Hoke Smith. OF Georgia; Walter
r. Stubs, of Kansas, and Cole l..
SBlease. of South Carolina.
q After Governor Wilson had finished
This exposition Governor oNeal reiter-
lated his objections to the new methods
which st is proposed to introduce ana
\ concluded with this declarations:
rould rather stand with Madison and
than to stand with some
modern prophets and some of our
u.e+ern statesmen" In the Language
: az The Colonel, lly for ONeal! we
are glad that there was at least one
clear voice in the Conference oil GOV
ernors for the old ways. for the IN
teerity of our institutions. for the
faith of the fathers. II was not the
erst time he has spoken Oh this sub
,ect Al the last annual Commence
ment of the Alabama Polytechnic IN
sti,ute in June. Governor o'Ncal said:
This is not an occasion for any
pelitics This building has been con-
secrated by the lives OF great ana
good men But should we not look
toward the fact that the jewel prin-
ciple of our Republic is i'll the Federal
Governments defining and limiting
liberty through three co-ord!nate
rowers?s
Men have now begun to say that
Our Government is antiquated. to cry
out tnat the men who founded it had
no confidence in the people. To rhat
/ say no. All liberty must be- regu-
lated by law You cannot create a
pure Democratic Government without
limit or control. 10 Government
founded upon majority rule without
written constitution has lasted moro
than generation.
Recall. initiative and referendum
the direct election of senators.-whiIe
! shall not enter at this time into any
discussion of these innovations. let me
pause long enough TO call your attcu-
ton 70 the fact that these changes are
radical intrusions upon the principles
upon which our Government is found
ed"
WHO is o'Neal? lie is Governor of
Alabama. a lawyer ny profession and
President Of the Alabama State Bar
Association since 1909. Ills Democracy
IS Of the old-fashioned type lie was
Presidential eIartor fvhuc bt. G,,.,