The Birmingham age-herald., 1918-05-05

their commission; and. therefore. all
 their acts must be conformable to it,
 or else they will be void The consh-
 tuition is the work or will of the peo-
 pie themselves in their original, SOW
 ereign, and unlimited capacity. Law
 is the work or will of the legislature
 in their derivative or subordinate ca pacity. The one is the work of ths Creator, the other of the creature.
 CAME FROM THE PEOPLE
 In making the above quotation from an early decision, delivered by court composed of men who lived through the period from the Declaration of Indepen- dence to the adoption of the constitution and the inauguration of our present form of government, men who were in touch with the sentiment of their times and had full knowledge of the purpose of the constitution building, my object is to show that the constitution came from the people and that amendments to it should not be ratified until direct ex- pression by the people is obtained thereon.
 Tt is clear from the above quotation that the founders of the republic recog- nized that the constitution of the United States came from the people, and not from the sovereign states, that it was the law of the people, and that they, and they alone, have the right to amend or repeal it. I do not mean the legal right, I mean the moral right. Of course, we all recognize that as matter of con venience in the early days of the re- public the adoption of amendments was placed in the hands of the legislatures of the various states, and has been con tinued to be exercised in this way down to the present time, but s the eonstitu- ton came from the people and is itself the peoples law, until the present hour it has always been assumed that the legisla lures of the states would voice the sentiments of their people in the adop- tion or rejection of proposed amend ments.
 SUSTAINS POSITION 'The preamble of the constitution clear ly sustains the position I take. In open ing the drama of our national existence The people of the United States are the first personages introduced. Who were those people? They were the cit izens of the thirteen states, each of which had separate constitution and government. They declared in the pre- amble of the constitution of the United States, We. the people of the United States do ordain and establish this constitution for the United States of America, Then, if the constitution came from the people, belongs to the people, and is the peoples law, have not the Ieople themselves the unrestrlct- ed right to pass upon the adoption or rejection of the amendments to their constitution? To me it seems the case is clear. We have AS states in the union. Each of these states so far as the local law is concerned, is controlled by separate constitution and in eacn of these states amendments to their local constitutions ar tp he submitted to the people of the several states for ratification before they be- come the supreme law of the state, and yet we find men today, both in and out of the state of Alabama, who unblush- ingly are prepared to assert that the plain people of Alabama are unfit and unworthy to pass upon the question ot the change in the fundamental law ot the land, asserting that these same people may be corrupted or influenced by unworthy motives. It is difficult for me to see how worthy and patriotic men can for moment consider the weight of such an argument.
 The proposed amendment is the first effort that has ever been made since the establishment of the constitution to directly trench upon the personal rights and personal liberties of the citizens. If this surrender is to be made, should
 
 sent and acquiescence of the people who are to be affected by it? Can any man justify the possible leaving of so grave question to a legislature that may not voice the real sentiment ot the people of our state?
 URGES SUBMISSION TO PEOPLE
 T write this letter to urge upon the state executive committee that they sub- init to vote of he people the quesion as to whether the pending amendment to the constitution of the United States shall be ratified or rejected. | know that it is said that because we have a primary election law in Alabama to govern the selection of candidates this cannot be done, but for many years we had primary elections without mittee, if it is willing and desires to do so, can have the question of the rat ification of the amendment submitted on a separate ballot. these ballots to be placed in separate box, or if they de- sire to do so, they can even hold a separate election on this question entire ly independent of that in which the candidates for office are chosen.
 Tt is the only way to finally solve the problem.
 Tt is the only way in which solu- tion can be obtained that will not arise at every election at present or in the future to inject itself into the solemn business of governing the state of Ala bama.
 Let the people of Alabama speak and their decision will be accepted by all. Attempt to smother the voice of the people on these grave questions and you create a volcano of unrest and dis content that ultimately may work to the permanent injury of the state.
 70. W. UNDERWOOD"