Daily Kennebec journal., 1919-10-22
sisnises-. Decision BY Maine ceu-s

Boston iEe-al6-We have carrier
referred 20 tte Interesting question
Il tte possible ettecI % the Initiative
md referendum machinery n TIE
adoption q coas..:u,lo-sl amend
n=n.s II IRE various states, especi-
aIly rs ettec- IN ,te adoption .. ths
= h.bl,o-y amendment - Ihs Ia
iiouzl constitution. II tLree % re
n.ne s,s-es that have referendum
laxs-ohso. Nebraska and Washing
ton-,he courts have ruied tna. ire
ratification Of Z ccas:ltu-ionsl ame16-
ns,I b. the legislature 5 not valid
Until the people have gone % ihe
ballot box and :c6o-sd the leg-s,e-
tive acton
TIE supreme court .. Maine. II
an op.n.on drawn by Chief Justice
Cornish. taxes cui-e another view.
and i discusses 50 thoroughly the
fundamental principles involved TIA,
the opaaio, - attracting ne a-ts--
tica cf lawyers and public oGcials
I.e country over. Gov A.iiiken
asked the Maize supreme court is
opinion Is 70 the necessity e SUB
mi..icg by referendum Tie resolve
passed las, winter b. the Legssia-
ture -a.ityicg tie p-ohioicor-r
amendment 10 the national const:,u-
tion, The opinion, in which the
seven associate justices Join with
Chief Justice Cornish. IS TIA. the
resolve does nc- come within ire
provisions Of the initiative sod -e.-
erendum and that II cannot be re-
ferred 20 the people 1o- adoption q
rejection Tha, =, re ratification
q the proposed amendment - tire
United States constitution was co--
plete, final and conclusive. 50 far as
Maine was concerned, vhea the
Legislature passed the resolve.
Briefly. tie opinion holds that the
method OF ra,tfying amendments 70
the federal constitution IS governed
solely by the provisions of that IL
st-umen.: thar n proposing consi.-
-utionai amendments Congress does
nct exercise strictly legislative
power. b1. acts as tie representative
Of the people; that a state Legisla-
ture n ratitying q proposed amend
meat TO tie federal constitution does
no, discharge strictly legislative du-
ties, but acts as a representative Of
the people; that the federal consti-
tuition IS a compact established by
the people Of the United States and
not by the states IN their sovereign
capacity; that state canno. make
the ratification Of proposed
amendment TO the federal consti,u-
tion dependent On a initiative and
referendum vote IL view Of the fed
eral constitutions provision recu.--
ing ratification by the state Leg.sla-
.ures-
The opinion calls attention TO che
accepted practice that Il state
Legislature has once ratified a fed
ersl amendment a subsequent Leg
islatUre has no power 70 rescind
such ratification. Such rescissior, as
matter Ct fact, was attempted b.
Ohio and New Jersey with reference
TO the fourteenth amendment, and
by New York with reference to the
fifteenth. but the attempted rescis-
sion was ignored az Washington. L
subsequent Legislature cannot re.
scind the ratification by a former
Legislature, il would seem that much
less could such ratification Be re-
scinded By the people. especially in
view Of the unreserved surrender by
the people Of all authority over that
subject matter.
The whole opinion Is a very schol-
arly exposition Of the basic princi-
pies of our machinery Of govern
ment, and in view of the spread Of
the initiative ami referendum and
the growth Of the habit Of constitu-
ton tinkerinE IL is one of far.reach-