The daily Gate City. [volume] (Keokuk, Iowa) 1855-1916, 1912-09-15
PUBLIC OPINION
o o . . . o o o o o o . . 8 .
Referendum and Recall.

MANY people are concerned now
about the subject Of referendum ana
recall and 1t Is cardinal plank in
the third term platform. Lawyers
sometimes when they feel they have
a bad case conclude to divert the at
tention Of the Jury by trying the pro-
scouting witness and the other law
yer. This may answer some recent
remarks have read. shall stick to
the case yet awhile. Now abut "rel-
erendum and recall'' certainly am in
favor of the principle and it is not
new but as old as the republican form
OF government, in fact l !, not see I
how a republican form of government /
could exist without it. 1t inheres in I
the very idea and was the basis of
our Declaration Of Independence
Every government has right to
change its laws or its form of govern
Dent whenever It's people believe it !
| is to their interest to do SO. Every
law that is passed by the legislature
or congress is subject to alteration,
amendment and repeal and the consti-
i tuClOA Vi luC OullGu oJdl6S ana Ol
every state can be changed when the
people want it. The only question is
how shall it be done? We believe
that the way It is and has been done
since our independence is by legisla-
tive enactments or a convention called
by the people. The latter is usually
when a constitution Is to be changed
4 in whole or in part. We use the ref
4 erendum as the progresives now pro-
pose, when constitutional amend
4 ment is to be made the proposed
. amendment is prepared by and passed
by the legislature so then it is sub
mitted to vote of the people and If
/ they ratify 1t it becomes law or
; constitution, otherwise not. There is
nothing strange in the legislature of
our state or nation repeating or
, amending its laws and they do 1t
: more or less in every session. We
have adopted number of amend
} ments to our state constitution and in
/ the $50 years or more we have made
Z only Is amendments to the constitu-
: ton of the United States and this In
the way | have indicated. There is
nothing strange and it is perfectly
3 proper for the legislature, when the
4 supreme court of this state has given
T a decision constituting the law as 1t is
: written and such construction does
]. not meet with the views of the people
y as they intended the law to be, they
e change it SO that 1t will conform t.
l. the wishes of the people as they sup
j posed it had been SO written and in
tended. And we have recall and cal
l. recall by acts of congress decisions 0
g the supreme court of the Unite.
y States notably the "original packag,
t case" which went up from this cit.
IS wherein our most estimable citizen
? Jack Hardin, then marshal, was de
Q fendant and Leisy Brothers plaintiffs
This came about because we had tn
s ing 1t illegal for any railroad or com
4 mon carrier to bring intoxicating
D. liquors into this state and Leis
e Brothers claimed that such article
le were articles of commerce and hat
been such for centuries and under tn
u interstate commerce law 1t was no
Y within the power of the state to pre-
le hibit such shipments. The case wa
carried through our supreme court t
r, the supreme court of the Unite
a States and the later court held on
le law void, thereupon our then Unite
nj o. ;,,%r
Is bill in congress limiting the applics
lr ton of the interstate commerce LAY
where states had the prohibitory LAY
in force and thereafter the suprem
court of the United States sustaine
e that law. Here Is perfect case Q
ID referendum and recall from decisio
y. OF the supreme court of the Unite
II States. Many such instances can b
mentioned Now the only claim tina
is made by the third term party
that. every law which is proposed b
le the legislature or possibly congress
ii must be submitted to the people TO
N a vote before it becomes law and ]
e the courts should hold that such lay
" as construed did not meet the idea
N of the people when 1t was passed tina
n there should be a vote taken by tn
G people on the petition q certain nun
IS bers of people to decide whether the
y like the law as construed by the cour
d or not. and We have this law practit
h ally in force in this city, and last wiz
h ter as remember some persons di
b not like an ordinance or proposed or
D. dinance of this city and wanted al
!. election to test its validity, so as
have said we have and ought to hav'
referendum and recall whenever tn
people want 1t and the only difference
see is the way or manner in which
this referendum and recall shall b
n had. am opposed to the presen
method as proposed. believe 1t I:
1 r.