Twin city review. [volume] (Champaign, Ill.) 19??-1929, 1922-12-08
DUNE
REVIEWS NEW
BASIC LAW

On Dee. Il the citizens Of Illinois
will be called upon 70 vote at the most
important election held in the state
for over half a century. Il is more
important to them in its consequences
than any presidential election.
At a presidential election the peo-
pie elect their chief executive for
four years and their representatives
in congress for two years. II mis-
takes are made, they can be correct
ed within four years.
On December IL the citizens Of ILL
nois will hold an election which Will
settle and determine a fundamental
law Of this state, binding the people
for probably half a century, and, 1t
may be, for a century. Within that
Fundamental law all laws passed by
the legislature must be restricted.
In 1870 the people Of this state
adopted the constitution under which
we have been living for the last fifty
two years. In most respects it Is
most excellent instrument. Its bill
of rights, framed for the protection
of the life and property of our citi
zens, Is a most admirable one, and
the people of this state have been
very well content with its provisions,
as a whole.
1t has, however, one serious defect.
So proud were the trainers of the
constitution of 1870 of their work,
and so perfect did they regard it at
the time, that they made it, deliber-
ately, very difficult of amendment.
Article Ia, providing for amendments
to the constitution, provided that
"the general assemly shall have no
power to propose amendments to
more than one article of the constitu-
ton at the same session, nor to the
same article oftener than once in four
years"
This rigorous and narrow provision
relating to amendments has made
the constitution of 1870 very diff
cult of amendment. This article
should be amended so as to permit
three, four, five, or even six amend
ments to be presented at the same
session.
The proposed new constitution
emasculates in two particulars the
bill Of rights in the constitution of
1870. The right to offer bail, guaran-
teed to all persons charged with
crime mot capital) by the old con-
situation, is withdrawn in the pro-
posed new constitution and the attor-
ney general is empowered, without
any showing of probable cause, to
prosecute by information.
These changes were made DELHI
erately with the view of denying to
persons charged with crime the right
guaranteed to them by the present
constitution of giving bail, and of
having the right to a showing of
probable cause before being deprived
of their liberty. This is admitted by
the proponents of the proposed con-
stitution on page 10 of their address
to the people,"
Section 81 in article ii. of the pro-
posed constitution is distinctly reac-
tionary, nonprogressive and framed
with the purpose of defeating the will
of the people as already expressed at
the polls.
When the holding of constitutions
al convention was voted for by the
people, on the same day that the vote
was taken, the people instructed the
members of the convention to incor-
porate in that instrument provisions
for an initiative and referendum. n
defiance of that instruction, the con-
vention adopted section 81, which
reads: "The republican form of gov
eminent of this state shall never be
abandoned, modified or impaired"
The republican form of government
of this state has never had any pro-
vision for the initiative, or any pro-
vision for a general referendum ap-
plicable to all laws.
This section 81, therefore, prohibit
ing even a modification of the present
form of republican government in
Illinois, was, in. my opinion, DELHI
erately framed to prevent any initia-
tive and referendum Legislation in
Illinois.
This is admitted by the proponents
of the proposed constitution on page
"a of their pamphlet, where they say
that this section provides "for a rep
resentative form of government"