The Wheeling intelligencer. [volume] (Wheeling, W. Va.) 1903-1961, 1915-12-28

OF the national constitution is de-
sired because OF the hostility to
some Of Its present guarantees,
and. second. IL would open the
door for putting in the place OF
h present system OF guarantees
a form Of absolute government BY
a majority OF votes cast on any
question through the initiative
and referendum.
These advocates OF change pro-
pose no substitute for the system
OF guarantees. and no not desire
any. Their position is that the
will OF a majority of the voters is
the true and proper source OF all
law. They take no account Of the
rights OF minorities. and yet Il is
true that a majority of the voters
In not a majority OF the persons
Affected by law. Experience has
shown that where the referendum
Is resorted to the question at is
n IL rarely decided by a ma
jority OF the registered voters,
most OF whom have not the time
and opportunity TO examine or dis
cuss the merits of the question.
The present demand 10 that the
way be opened for any Legislation
that a majority OF voters may pro-
pose.
u IL precisely in the guaran-
tees OF individual life, liberty
and property-or. in other words,
a limitation upon absolute legis-
lation and provision for judicial
protection-that the distinctive
excellence of the national consti-
tuition consists. The American
colonists suffered from absolute
legislation on these subjects. and
they meant. after they had abol-
ished the unlimited authority OF
the British parliament over them,
10 make II certain that no such
unlimited authority should exist
among themselves. They meant
10 guard the "unalienable rights
for which they had struggled
against all possible combinations
Of opposing interests. This the
national constitution does. Il Of
fers to every man. no matter how
humble-and the provision was
designed for the protection Of the
humblest-legal security against
deprivation of life. liberty or prop
erty without due process OF law.
But IL does more than this. IL
places certain rights and liberties
beyond the menace of arbitrary
legislation by rendering such leg
islation nugatory.
II is. in fact. to these limita-
tons that the critics object. They
wish no limits to legislation In or
der that social experiments may
be freely made. For that, they
claim, there is urgent necessity.
No people. they assure US, should
continue to live under a system
OF government a century and a
quarter old. AS well might Il be
argued that the heart, or lungs,
or any other organ OF the body,
has no proper place in Il because
II was developed so long ago. II
its antiquity were a valid objec-
ton to II, we should have to de-
clare the law OF gravitation OBJ
solete also.
In the belief that the merits OF
the constitution are not sufficient
ly understood. and that the weak
ening OF its guarantees OF life,
liberty and property would be a
calamity. a National Association
for Constitutional Government"
has been formed. the purpose OF
which Is 20 impress upon the citi-
zens, especially young men and
others who have recently ac-
quired American citizenship, the
inestimable value OF the cOnstitu-
uonal guarantees. The associa-
ton is entirely non-partisan and
includes among its members prom
inent jurists and statesmen OF diff
ferent political parties. II Ia open
to all who are in sympathy with
its aims and purposes, and In
vites their adhesion and support.