New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1911-06-19

men not knowing or caring will vote
ment.
vote on constitutional amendment,
ullesS II IS one that stirs the whole coun-
tfN' rarely ever amounts to more than 90
per cent of the total vote. If that be the
standard that will prevail in such elections.
II VIII require two-thirds Of the vote cast
on the amCndmcnt-two-thi thirds of % being
SIN order TO set 10 per cent OF the total
vote 10 pass II. All. that is bad enough,
states. But the iniquitv of this
amendment provision comes after. Not
chlN does ii require 40 per cent Of the votes
cast at the election i'm the entire state. but
IL requires that 40 per cent of the votes
cast must he i'm favor of the amendment
~ at least so per cent OF all the counties
IN that state. New Mexico is like other
states and has large and small counties
II YOU can persuade a lot of little coun-
ueS 10 ignore an amendment submitted 10
the people at large. or If I'm the rcmoteness
OF their regions they have not been taught
what the amendment involves and they ig-
more tiff you can set 90 PER cent OF those
little counties to fail To cast 80 per cent
OF their total vote for the amendment.
either 10y getting them 70 vote against il
or not vote at all on it. your amendment Is
defeated. Four-fifths of the popular vote
Of the state might be for the amendment
and still the amendment fail
This states the case exactly. In tho
hearing on the bill before tho House com
mittee the only suggestion offered in de-
fence of these provisions was that they
were necessary in order 10 protect tho So
called Mexican against the American ciu-
zens Of New Mexico. In the words Of
Judge Fan. the pervadine genius of the
convention which formed the constitution.
" the native people did not want
the people of the Pecos Valley. which is
largely settled by Americans to vote into
this constitution something which might
not ne applicable 10 their part of the ter
ritory."
The explanation Is at least ingenious, II
not entirely Ingenious If it I've true that
the constitution was formed for the pur-
pose Of perpctuating race prejudice. the
sooner that fact is known the better
Following out the line of Judge Falls
suggestion. il appears from a careful an
alysis OF census statistics and Of local blue
books that fourteen counties containing 81
rer cent If the total population. 70 per
cent OF whose Inhabitants are native or
Mexican people. could defeat an amend
ment desired by twelve Of the counties
containing IS per cent Of the total popula
ton % per cent IF whose inhabitants are
Americans on the basis of 500 voters
i
constitutional election an amendment re-
Ceivins 26 500 votes I'm twelve counties could
he defeated nv the failure Of $500 Of the
voters in the other fourteen counties 10
cast their ballot on such amendment, even
though the other 10."n0 voters in those
fourteen counties voted in favor of IT,
That is 70 say. q proposed amendment
favored by $500 IF the voters might be
defeated because the remaining $500 voters
RETAINED from casting their ballots on the
question. To state the matter even more
vividlv. an amendment receiving the sup
port Of 81 per cent If the total electorate
could he defeated even though not a single
vote was cast against it,
cannot ask you TO give mo the space 70
describe the gerrymander Of legislative and
judicial districts as contained in the Ne"
Mexico constitution. Suffice II 10 say that
tho ingenuity i'm the creation Of those dis
tricts is. if not admirable. al least aston
ishing
What lie more 70 the point is the fact
that 2 redistrictinc will he practically out
Of the question II the constitution he adopi-
cd in its present form. II provides that 2
rodistrictirg may he made at tho first Leg
isIa+ure after each United States census.
While I am aware that the law sometimes
interprets such direction as mandatory II
&c fact that with a similar provision in
the organic act of the territory no redis-
trictinc was ever made by legislature I'D
New Mexico in spite Of the fact that aftor
the census Of 1870 il was shown that some
narts of the territory he'd fourfold the
Of other parts. Fortuhat'N'
under the territorial government the gov
ernors had the power TO rectfy the neglect
NJ tho legislatures in this respect. and on
two occasions did so.
With this on-amendable gerrymander
once fastened on New Mexico. it will take
almost revolution to shake it loose
II Is not remarkable therefore, that thou
sands of our people here-at last awaK-
ened 10 the dangers of the situauon-are
fervently wishing for the passage OF Inc
Flood resolution in the Senate OF the
United States, so that they may before II
is too late. rectify the error they were
whipped into by their overwhelming desire
for immediate admission | thnk II II
matter OF fully as vital Importance 10 'he
whole nation as the question OF the iecaH
Of Judges in Arizona-fOr if the natloh
representatives at Washington permit the
formation Of state government Which
will effectively withhold all power from a
majority of the people they viii certainly
he recreant 10 their trust.
There are but very few people IN the
territory now opposed to the passage OF
This resolution The few who are mag
Justify he called reactionarics. whose creed
is "r,fle or ruin" and who insist on nav
inc constitution which will maintain
,her in noliticaI power whether the voters
desire them or not.
II. j. HAGERMAN.
pos,eU Y NJ June 10. 1911.