The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1917-01-26
O'CONNOR
OPPOSES
Il. B. "a

| Continued from page one.
promises that hes had made. He call
ed attention to section 40 Of the con-
stitution which prohibits legislatures
| from promising one another in con-
sideration Of an exchange Of votes,
and pointed out that these promises
meant bribery. He called attention to
section AZ, which gives every man
right to be absolutely protected in any
speech or debate in the house.
He paid a tribute to the sincerity
of men in the legislature and said ne
could not-believe that any man would
make a pledge which was contrary to
| his oath. Such procedure sweeps
away the constitutional and the
statute barriers Of protection and is q
blow to representative government.
He traced the history of this unusual
political upheaval and likened it to the
| farmers organization at the close OF
the Civil war which commenced In
Texas and. spread over Louisiana,
Missouri, Kentucky. Tennessee, North
and South Carolina. Florida Georgia
and Mississippi. He pointed out that
this party gained considerable politi-
cal strength and in 1890 elected sew
eral governors, controlled several
legislatures and elected several con-
| gressmen.
He pointed out that in order for the
! party in power to carry out the planks
| in the platform it was necessary TO
revise the constitution. He quoted the
platform upon which the majority OF
the members of the house were elected
and pledged TO support as follows:
| I'VE favor the submission to the peo-
pie of constitutional amendments Tor
| a pproyaI or rejection, the question OF
state owned -four mills in connection
with our terminal elevator ana Sucn
other enterprises for public purposes
as the people may from time to time
deem necessary for the development
of the natural resources OF the stare
and the welfare of it's people. he
maintained that there was never any
other impression given to the voters
of this state, and that the people were
lead to believe that then constitution
would be>revised in the regular order
| ly legal way"
He showed the value that history
had, and stated that while some peo-
pie did not believe there was anything
in the past that merited any attention
or consideration by the people OF the
present, he believed history, II proper
iy read and studied, could save the
He showed how the farmer learns by
experience the best kind Of grains to
seed. the best kind of stock to raise
and the proper time for seeding.
He then took up the written consti-
| tutions. THE written constitutions
American and origin" He showed
that when the Declaration OF Amerl-
can independence was signed all
political allegiance to England was
dissolved and that the people set out
to build anew. He said that the
colonists knew Of the sad experiences
of the people in Europe where those
| in mower were unlimited. He said the
people early placed limitation on the
powers of their representatives ana
| that this was one Of the great reasons
for having a written constitution.
He took UP the history Of the
constitution making by the colonists,
and also by the people OF the United
States. He pointed out that 1t was
the established principle of constitu-
ton making in this country that the
legislature had no power TO draft or
submit a constitution to the people.
He took up the constitutional conven-
tons during the reconstruction period
and then cited a large number OF
cases from different states holding
that the legislature had no power to
draft and submit constitution to the
people. He pointed out that the proper
way was for the legislature to call
constitutional convention II 1t FOUND
it inexpedient to go through the regu-
lar process of amendments as proVtd-
ed by the constitution. he discussed
the case of the state ex rel. J. y.
Wineman VS.. c. M. DAHL N. d., III,
in which the supreme court Of North
Dakota speaking through Judge Cor
liss laid down the principle that the
people should first be consulted as to
whether, or not, they desired consti-
tutional convention. Judge ICorliss
said "but while the power resides in
the legislature, and that body only, to
call q constitutional convention, 1t Is
obvious that the agents of the people,
who have not been selected on that
particular issue, should not take upon
themselves the responsibility of
burdening the people with the expense
OF such q movement, without first
submitting to them the question
whether they desire such q convention
to be called" He cited Jamison,
constitutional conventions. page 500,
6671. 1.-THE declared sense OF the AM
ferican people throughout the United
states on this very point cannot but
be received with great respect and
reverence, and it appears to be the
almost universal wish, expressed in
their constitutional charters, that con-
ventions to alter the constitution shall
not be called at the instance of the
Legislature without the previous sane
ton of the people, by whom these
constitutions were ordained"
Besides the two legal methods Of
changing the constitution, one by the
regular course Of amendment, and the
other by constitutional convention, he
quoted Abraham Lincoln's first
inaugural address as fayoring the
constitutional convention.
while I make no recommendation
Of amendments, fully recognize the
rightful authority OF the people over
the whole subject. to be exercised IN
either Of the modes prescribed in the
instrument itself; and I should under
existing circumstances, favor rather
than oppose q fair opportunity being
afforded the people to act upon 1t.