Albuquerque morning journal. [volume], November 11, 1910, Image 6

About Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926

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THE ALBUQUERQUE MORNING miiRMAL FRIDAY, NOVEMBER 11, 1910
Cfci JIlMiqscrase
morning Journal
(Olfli-Ud ! rer ( New Mallo)
l'lili.br4 br th
JOURNAL PUBLISHING CO.
IX A. WACTJfF.nsOM prsnlrfwit
jAUKU H. BLACK Mltlllini K.IIMT
R. DANA JOHNSON Hditiir
W. A. KKl.KHbB . City Jirtltor
K. KA1KS A.lv.tlin Manaio-r
Uniera Heprwitté,
O. J. AMtl.KHON,
kUrqortta MaUdinc, ( life (o,
fera Bepf enlnMwi
Al I II H. Ml I I H.XN,
M I'urU How, Stw Vark.
III.
Enturad mrnnA-c Inn inttF t th
pitoffe lit AlhiiQilTiju, N. M., ndr
of Oonr- of March I. 1T.
thk mob vivo aornvAi. i Tiir,
IFAI.INIi ml'l IM Il AS l AI KIt OP wmv
Mfc.VKO, rWlHI lM THK I'HIM'II'I.
Or THK Mill TBIJI AM I'AK'tV All.
1IMK. AMI 1IIK MfcllMMm UK THK UK
I I Bi ll AN I'ABI MMfcSI TUtX AHB
HIUUV.
Irflr elrrnlaUon h By ltr pup
In hum MmIi. Th "'r Ml
1I-IOI Or SI BHUMI'TIONl
t iiiiU on mona
by mrriiT. pn month
ntir.
Vur,
U0
-Tb M.wnln Joanwl bu blb rlr
rnlnliua riii Ibnii l wr.ll la w
ibr if In Mu Kl." 1h Aiwflrn
Iirr liknulor.
iYBt íi rHtlt B M,WMhatli O
U I rumnroil the
mtlhing In )! tent.
Into i-miicror
Porin!il I" ,hl' olll country
tshrre lh ileuoe ruis" t Whu, nlt- r
ilic kins ralmn tli- di'iii"'.
ptftiiil.'nt Taft i to nnU an Iii. imii
In iiont.'ti-p on nininr.lini. I thut a
ihrtixt nt ttif contt IhutiriK
rdltor?
t hasing the political rainbow Is
bad busiiiesn for the man who doesn't
know cnoimh In come In nut of the
rain.
A Ml" Hlb-nt of Inilliinnpolls Is I o
murry J.leiitcniint Hush of tho t. H.
hitvy. It Will Purely h a ipilel wod
din. Klevator constructor may vn on
trlke. Well, this will probably pre
vent on more modern necessity of
life from olnir up.
"There Is no weather like Kimllsh I
weather when It I fine," sayi Mine.
Jlernhitrdt. And no damper weather
L.i.n It mint), as It linen every few ,
niliniliH.
New Orleans may be wicked and nil
Ihril, bul n Ion ns .New orli-an
bold the record for UUi flitne Ncw
Orlenns will make sirens run for
thnt exposition.
The gale that recently pass" lA,.r
the Island of Culm levtfi.'nl tho sugar
cano dint the tobac.7 plants, fcut the
price of Havana .ftars nnd granulaled
no'W' Mill r
The (iclill
r rinitis firm.
nunilaiton 01 ineoooin
lloosevi It by Thomas Nelson Page Is
(luí of (lie most startling eplwodeg
rlnco Mr. Nicholas I.ongw 01 th's ias
tlgatlon of rie le Joe Cannon.
Colorado has bad imother appalling
mine disaster. There have been two
within week. There Is nothing to
say It lias till been said so many
time. Perhaps It Is Kismet.
It Is quite the natural tlonor that
the man who is ghlng lessons In
fljltig should colli it his fees In ad
Ml rice. It inluht Inconvenient to
do ibe collccilim lifter the Hint tlluht.
Fortunes can be made outside or
Flock manipulation and railway build
ing. A .Minnesota captain of Indus
try Iiuh JuM harvested n crop of Ml.
Oiiil l abbaui' beads which will in I blm
the sum vi IS, mm.
An east) in ni.in w rote to a friend
In Mexico City sklng If there was
ansihlng in ib! t-iiy he could get
him Into. The rep't cam bf return
mail. "Come at once; can g.-t pm in
debt In Iwetity-fmtr hours.''
It would be ri.sagr íhl.i to be
dragged into n real ulicrcatlon with
Mexico because a lot or hot-headed
Tche nan made 11 bonfire out of a
Mexliiin iliiKcn. You may ala
rely on Texis lo Marl some kind of
tioubte.
The Henvir Po.-I I eclled about
llv aliened discovery of a terrible
lotntlni Inlwe.n (he milk Irusl nn.l
the brewers. And all this tune wc
had bei u d. pending upon buttermilk
to do so mui li tor tile eatl-e of tem
pi ranee!
If Alfonso loses his crown It will
not Iv ns Manuel lost his. lie Is ad
vised of his t armies' purposes, un.l
prepared t nsi.-t them. If be is
driven out I will - nt the point ot
the bayon. 1 Manuel made no stand
nt nil. What nncht have happened
If he had drawn bis sword nnd eall.-d
for support Is h question. A show of
ouiiige in the suprime moment
might have caused iii.mv to foia.-t
shorn nmings nnd forvive bis foolish
p. rsoie mist onduct.
The 1,1 Peso Times s ciadualiy s
utiolatini! the f.i. t thut Albuquerque
l not alter l-l Pao. and that the
P.i i.lv 1 not to be tin rod over
hide and hair to the blood Ihlrsiv nn.l
devilish tmiso who nr.- burutnu the
j.eople at the till,- in New Mexico.
The Tim- s even g
. so far us !
bntl.l the
com . ai. d
CM l a ra ph
.Momma Jouinai a bait
1 ..mi lin-ii nt in the f.nal
i.f in- follow Hid. In p
leg we !ceí end
w , di'tt t kle.w t
Wofd " le I, ret ; I
bin it 0:1 us tn-ii-
inr 1 si! -iii'-.l. b
un.lnt! hdmil thai
e un a n m t; of 1 1'
1 ' ami tho Tllurs
Tills piper Kls
it s.i.ii v o in hri lo-i'i.-
A li.iup'er-i'i"
lb; . onti-m .or a r v .
Journal, neb' sma
Kl issos llartv I
f on its hps e r
lllln-n of t. Xjtoe
V il'l.-s, ;.r. tc;
lL r.tiiiisti
Cut -l ,1c
ct i. 1
, II
d.
! re
New
.Mexico. K.I Faso' wealth to the run
triiry notwithstanding, and In frank
enough in it general ) I" ndmit Ihiit
Kl Faso I not peopled Willi lambs to
bo shorn, muí Inferentially -n v-
the conviction thut in place ' Shear
ing, A U)IIIIIITIIH llcISclf might bc-
shorn.
( Jut contemporary make no bones
about Hiknowiediiing that It is win
der lo foreirn Its chances ni lh.it
tturtv millions life nuse, "in the rirst
place'1 (If F.I Puco were nnni'joill "Al
buquerque would have to retire us
ihe New H'-si'D metropolis, and In
the second, tlilr.l, fourth and fifth
places, New' Mexico Dun tronóles
enough of h"r own now."
The philosophy of the esteemed
Journal I admirable nnd shows thut
lili lesson taught by the spilled milk
incident and lh rmwm why Jade
didn't f lit hi 1 1 r 1 ; f i' because h did
not have It, have been profitably ab
sorbed by what would be the formid
able rlvnl of 1hi Time should the
future throw Kl i'nfio into the iritis
of New Mexico.
I)I.S
woi: H vow
imi:v WANT?
Wll T
A iirnmlnrnt rncmlor of t)ii minor.
ity hi tlli roriHtlt ntioiril (-(invention
I demand!) tliut tho cloetlvo Jnillciary
I of New Mexli-o li( i liosen at 11 Hjieelnl
ilfcllon and that tho candldivtex li''
I noinlnated by petition, So n to keep
thrill out of JiolitleH. Iii ieW8 will)
alarm the New Yoik jndiilaiy whose
niernberH lire alleued to linve boni-lit
their nealn by hiiivy ramiiainn eon
trlbutiono. A t-rm of eiüht -ro lor
the New Mexico Jiidnen, ho limited In
necorda fien with the deHlrcs or a
democratic ilebnate, h deitored h
too lonar when the republican oria-
Inully KiiKHi'xted n. much nhorter lenA.
Doeg nnyone here know liov to
hilease a democrat 7
First off they demand an elective
Judiciary nnd nbime tho majority in
advance because they know the ma-
IJority doesn't want It. Then when Hie
majority Ivon the people an elective
Judiciary, the minority abusen it for
doing bo. To keep the Judues out of
politico, the (tent lomen of tho oppo
sition loudly demand (hey be rhonou
by the people. After it Im decided
they are to be chosen by the people,
t the opposition declares, citinK New
Yolk's example, that electing them
puts them into pontics.
First tho republicans propose a
foiir-yenr term. The minority Indis-
Innntly demands n lorifc-er term. Twelve
I years I proposed nnd they indu-
hantly demand (d-;he years. Kinh.
I j-ars is UK-reed upon nnd the ml' ,r(y
; leaders view with grave lilnrn; jf,.n
lon Ierra, ultboiiKh one dmoi rnl ftd-
, mils lie orliiinully pi'iooscd twelve
years.
If the coiivenllor ... santa. Ke went
; record tom,rrow fr ,,e oreK.m
plan with it llii'c,..(onrtlm of one per
'eent basis ,, (..niocrts would howl
j tluit i'-wmild overthrow the represen -
. tí'lve form of uovernmeiu and op
l lioNe It to a mun. If tho minority
wile niM-n the wiuld with n Kolden
feme around It they would complain
'that the j-recdy niajoilty hail ilehlKiis
on M;irs.
i.i:(.i.i:ss opposi iiov.
It really IickIiis to nppeiir pi'oh-
lulde," fays the Socorro Chieftain,
i "that as lar as the dels of the con-
slitutioilal convention lire concerned
the democratic parly of the territory
Is hot going to have a U-g left to
stand on."
This is poor. The deninerals, rmv
Ing formed the habit of going up In
the air. have dispensed with their
pei'Minliulatory nppendagei) lorn;
hinee. Hiainllng on legs is not down
In the ilclniM rat li- honk It Is one
continuous aerial performance. Tin
howls now rendliiK the air show con
clusivch, if further proof is needed,
that the 1 1c 111 1 o 1 .1 1 h don't need any lo
to stand on. The Chieftain sas:
Hy the piovlslons of the ontltu
1 1 Hi already anrecd upon, Hie Judges
of all the i imiis are In be elected by
the peoile. A coiiornllon commis
sion has been provided for, and that,
loo, is til be an elective body. The
oiKiniic act Is to contain a referen
dum clause which the democrats In
their wildest hysteria will hardlv i 11
ture to oppose. To be sure, there is
their In-bned Initiative, but they have
alreadv made that the Issue of one
election and have been bi-alen on tt
two to our, so that it would lc ranker
tollv than even democrats are canal b
of to raise that issue again. What
source of political capital Is bit to
our democratic friends.' The oulv
rational and patriotic thing tor them
to do is 10 advocate the adoption ol
the const it mum thai Is now- heln-i
I'oiniulaied. Iieinoeiais are known
to he patriotic oil occasion, but
whether they can be rational Is an
open ouesthui. Here is tlnir oppor
tunity. UTOItY WUIIOIT llltYW.
It is bci-otiniiK more nnd more ap
parent as otic Muilics Ihe result of the
recent election, that one William J
Itrvan is to have mi part or parcel in
the spoils. It has been a democratic
victory without lir.an. and the peer
less leader has viewed the successful
onslaught from the amare point ot
a tall tree, while others have stolen
the laiir.-ls be has been working (or.
for lo! these Innumerable years
Frli mis of the Commoner will fin 1
plenty In think about In the following
j summary of tho i ryau sanation 111
Ihe W'a-hini:tnn St r;
If ib-mi r.itic rvi tations are re.il
17',! next Tii.s.hiv, Mr. I'lvan and his
1 lends will have to en into Ihe com
mittee if the whole on the state ol
tin- union. It will In hoove them to
take stoi k. Th v- wi!l imifront a d, ni-oirati.-
opposition stronger than any
ttiev have met since 1 ssi.
Mr lux Is ni t a liryaiilte. nor Is
Mr Muiphy. npluuuh Tammany sup
ported Mr Prvan in all thrcr . ins
1. n'est.s t.-r the prcsidem v . New
I link, tin r, for.-. 1111.br demos rata
ootiol. will in.. 111 a determined
fort 1.1 Tree ihe patty from everv sem
blatne of I n uilMii The -lali-'s in-tlu.-ii.
e et Ho- 11. vt tl.-mocrattc lia -liona)
ioiiv.ntio.1 will he us. d ,w ,ii,l
nommatiro: a ...n-lnl,! lor pr.--i.li ill
on .1 il.ittortn .it-iuntlv nn'.i-lin an.
W o,,, 'r. w W i s. n Is of ire deve
lar. I s, h-o of .1. in, I a. t". Hie I Wis
one ot Mr l'i, a-i oi,V. , los, ir.i-iH-'.
He ow.-s bis nomination ami If in. t
nl will iwr his -:!ne, to men wim
jbave hi .-n nntl-ltivan for f .cirt-. n
ien. I.fluirii w ll. Oertior.tiiv;
column. New Jersey will Join New
York In the iili-Hryan program. Her
Influence t the nations I convention
will be thrown imainst Mr. llrynn
and his indicies.
Allhouiih Mr. I'.rynn has many
friends In Ohio, If (iovernor Harmon
is re-elected the party oi'iranixation
in the stale III be thoronnhly Mar
' moiilzed and used to promote the
Harmon presidential boom. The
Jiryan Iliickeyes will be placed at a
(Trent distidva iitae.
In Indiana friendship for Mr.
jiryan continues, nnd his recent tour
of thp state in Air. Kern's behalf wa
n personal triumph for him. Jlnt nn
loiher democratic victory there may
renult In a Marshall boom for presi
dí nt, and that will take the suite out
i f the Itiuin column, at least at the
n.u-t, and subject if to antl-ltryan
overtures trom onto and the east.
In Missouri Invld It. Francis Is
thought to he In the lead for I'nited
states senator, and If he lands he will
be In an Influential place In time for
the maiienverlniis for control of the
national convention. He Is not a
I'.ry.m man. although he was reaular
both In I" and lidii. In 1SU he
was a menilier i f Mr. Cleveland's
cabinet, and his liifluetice was thrown
against Ins pnrty'H ticket.
Mi'. I'.rynn is not an announced
candidate lor another nomination, but
ho continues In favor most decidedly
of the thhiRS lor which he stands in
our politics. And ceii should ha not
press his own loríanos further, he will
fin hi for the recognition of his poli
cies in the party's platlorni, and for
the nomination uf a man In sym
pathy with I hem. Hut who may nay
what the effect may he oi his amid-
tion 01
uinpli
ins ?
a pi'otioiini
after his
d democratic U'i
oin years of wa It-
Till-: Tiiiii;i:-t ohi:iu:i
i.. v run-:.
I'.VI.-
SpeakitiK of the initiative, refer
endum and recall, the Itoswell Jiefjls
ti r Tribune stitiReats a heroic rem
edy for tiie dLiease now afllietinB a
certain element of the rot inn popu
lation of .New Mexico. The plan '(
forth is similar to the method of
cradlcatlni; the desire for intoxica!;,
liquors by fillinit the patient full
of booze th.it he can't look T,m alco
hol stove for a ear alu-waid. The
Itoswell paper's plan, A hích tve can
not endorse, Is as fc'lows:
riteily diHhej.iviim n the three
rornered flhuy, we confess to a
very reat disnppolntmoiit that the
majority ,,'t ,,ot make the adoption
as itrcsl;. iWlhle. and Includu all
three principles. The referendum Is
"11 ri'ht as lar as It coes. but It does
i not y,, fr eiiouxh. A larue portion
.''the people of New Mexico are daft
on this subject. The best way to re
store them to sanity would he to give
them the initiative, referendum nnd
recall, on the old-established prin
ciple that the best way to abolish an
obnoxious law Is to enforce it. I'nder
this partial adoption of populism, the
fanatics will never stop Imwlini; for
the whole thlnit. If they had the
whole thinii, i' would be a matter of
only ti few years before they would
have all of the principles that they
cured for, the count it nt loll Would lie
riineinled to knock it out and we
would have everlasting peace on the
subject. It was certainly a mistake
to take only part of the fetich, even
though the pari taken Is the bast ob
noxious ol the three, and is properly
s.ife-gua rdeil.
The Adiromlai k binning season
1 lose, 1 Monday tilklil and the bag was
'five dead men and si. seriously
wounded. The census of the slain
deer
smalh
prnhn hly
r total.
f.
ts
UP
a
muc h
iKI
fRESH TODAY
Striped Bass
White Sea Bass
Sand-Dabs
Fresh Salmon
Scalshipt Blue Points
Sealshipt N. Y. Counts
San Jose Market
I
BIG AUCTION SALE
FURNITURE
Saturday, Nov. 19th at 2 p. m.,
I will sell at auction, nine rooms
of up-to-date Furniture at
315 1-2 South Second. Beds.
Bed Clolhing. Dressers, in fact
everything needful.
J. M. SOLLIE.
Auctioneer
initiative Repugnant to
Constitution, Enabling
Act and Republicanism
Legality of Measure Under Existing Form of Government in
Question Before Supreme Court; Would Overturn Repre
sentative System of Government and Pave way for Social
ism; Beginning of Anarchy Says Republican Member of
Arizona Convention in Powerful Speech Against Measure.
Swrlal CnrrM.DonArw il'rnluz Joiirnall
Phoenix, Ariz, Nov. S. Mr. Kin-
Kan o Pima county, in the commuter
f the whole, while .". motion to rec
ommend the ii.ii.nti.Mi ol the com
mittee's miliHtluite for tile Maker di
reci IcKi-latlnn nieasi..-' was pi-iiding
presented the following ioKical arsu
ment anuihsi It mi tl'c Ri'ound that it
was subversive of representative gov
ernment and wa.-i calculated almost
(crtalnlv to defeat statehood. The ad
dress of Mr. Kinnari, lio is regarded
as one of the toreniost constitutional
lawyers in the southwest, was pains
takingly prepareil, and was read by
blm to the comniit'ee. It is in part
a a follows:
1 am opposed to tliis proposal, lor
the reason that II is of doubtful valii;,.
ty under the enahlinn net and II)-. (on
siitution of the I'nited Staf,.H, and
will delay, if not defeat, Fti, Itehuoil.
Ily section 2a ef the enaónIr (1,.tl It
is provldi'il that tin' confuí mion to be
framed by this body Sjialj I... repuhli
ian ill form, and shan mu he repuff
natit to the ronstil,',tion of the t'nit
e,J Ktates.
The ledcr.'t' constitution declares:
"The Jñlted .Slates shall guarantee
to evu-y state in this union a reptib-
ic;h form of government." Article
IV Section 4.
A republican form of government
lias always been distinguished from
a democratic form of government. A
republican form of government is a
government by representation, a gov
ernment, by agents, by delegates; a
democratic form of government is a
government is a government by the
whole people acting directly and
where power in reserved by them
selves. A republic Is a government
by rr presentation: a democracy, a
government by the people- acting di
rectly. Those distinctions were wen rtn,
derstood by the founders of this gov
ernment. No persons ever understood
the differences better.
In the tenth paper of "The Federal
ist," written by .Madison, is the fol
lowing: "From this point of the subject it
may be concluded that n pure democ
racy, by which I mean a sciety con
silting of a email number of citizens,
who assemble nnd administer the gov
ernment in person, can admit of no
cure for the mischiefs of faction. A
common passion or interest will, In al
most every ease, he felt by a major
ity of the whole: a communication
and consort results from Ihe lorrn of
government itsell; and there is noth
ing to check the inducements to sac
rifice (he weaker party or an obnox
ious Individual.
'Ihe Turbulent Democrncy.
"Heme it is that BUch democracies
have ever been spectacles of turbu
lence and contention; have ever been
found Incompatible with personal se
curity, or the rights of property, and
have in general been as short in their
lives as they have been violent in
their deaths. Theoretic politicians,
who have patronized this species of
government, have erroneously suppos
ed that by reducing mankind to a por
ted equality In their political rights,
they would at the same time be per
leetly cqil'a luted nnd assimilated in
their possessions, their opinions, and
their passions.
"A republic, by which I mean a
government In which the scheme of
representation takes place, opens a
different prospect, and promises the
i arc for which we are seeking, lift us
examine the points In which !t rnrlev
from pure democracy, nnd we sliau
comprehend both the nature of the
cure nnd the efficacy which it must
ib rive from tho union.
The two great points of difference
between a democracy ami a republic
are: First, the delegation of the gov
ernment, in the latter, to a small
number of citizens elected by the rest;
secondly the greater nunibi r of citi
zens, and greater sphere of country,
over which the latter mav be extend
ed." The Itepiiblicnii Form.
Also, in the thirty-eighth paper of
"The Federalist." written by Madison,
is the follow Ing:
"Winn, then are the distinctive
characters of the republican form?
"If we resort, for e. criterion, to the
different principien on which differ
ent forms of government are estab
lished, we may define a republic to
be. or at past may bestow- that name
on, a government which derives all its
powers directly or Indirectly from the
great bodv of the people, and is ad
ministered by persons holding their
offices during pleasure, lor a limited
period, or during good behavior."
Judge Coolcy also defines a republi
can form of government in bis work
on the constitution of the I'nited
Slates, and says:
"The constitution it is Imposed as
a duty upon the I'nited States to
guarantee to every state in the union
a republican form of government
The requirements sprane from a con
viction that governments of dissimi
lar principie? and forms were less
adapted to a federal union than those
which were substantially alike, and
that the superintending government
ought to possess authority- to defend
the svsicin as greed upon nirainst in
novations whbii would bring with
them discordant and nntanonistic
principles.
What Is tiunranleod.
"The terms of this Division 'pre
suppose a pre-cxistine government of
n form that i to be guaranteed. As
bmg. therefore, ns the existing repnh-
licanforms are continued m the states
they are guaranteed by the federal
Í constitution. Whenever the states
'mav choi.s,. to substitute other repub
, liea'n forms, they have a right to do
i--o. nn, to cTalm me leu. ra Buaraniv
for the latter. The only restriction
imposed on thorn Is that they shall not
exchaiiee republican f"r antl-repnbli-ci'ii
otist-tutlons."
"hat is republican by repnblt-i.-in
gov.rnm.nl is understood a gov
ernment by reprcs. ntatives chosen by
the penólo a "al it contrasts on one
side wOh a democracy, in which the
pe. ple or community ' an n.'saiiiinl
whole wield sovereign pou.is o, goc
en Un ti!, and on the oih.r with the
rule of one man. as king, emperor,
i nr. or sultan, or with that oi ,.ne
i lass of men. as an a run. ra. v."
Also liouvbr says, speaking of a
r. publi. an or re-r. s.-ni.ii.ve d, m-
, i.i,
A
form of government where tie
- of the sov-rreigntv- rr d. le
lo a boJy ot incu. Uil Irom
pow
g -iii-
time to time to exercise thorn lor the
benefit of the whole nation." limiv
iei'H Institutions. Vol. I, page 81.
Mr. Illack. in his work en coiisll-tuti'in.-tl
lew, at page I'T, says:
"The I'nited Mater is v. federal re
public So elso each of the states is
republic, end the (-(institution guar
antees to cm h a ccqiifnuam-e of re
publican rrnvel nmcnt."
And. liirihci, he says, on the same
page;
"The system of govcrnmeiU in the
I'nited Stales and in the several
slates is distinguished Vi om pure
dem-iciaey In thh respect, that the
will of the. pen J-. isiinob- ,pianlioo
through representatives chosen hi
'ifei','- a .administer tln ir affairs and
make their laws."
The Initiative and Uefcroiiiluiii.
Also, Judge .Villain, for many
veers an associate Justice of Ihe su
preme court of Iowa, etui a professor
on constitutional laws, ill his: bank re
cently published on constitutional
law, and discussing the Initiative and
referendum, says:
"Indeed, it is still open to dlscus
si n, notwithstanding lire attempts 10
introduce the initiative and leferch
dtim, whether the exercise of the
powers of government hy the people
tluough the electoral body is not in
violation of the provision of the fed
eral constitution (Art. 1, sec. 11;
that each state shall have a republi
can form 01 grvernment necessni ily
involvcs the exercise of government
by representative officers and bodies
aiid the distribution of the powers of
goveinment among distinct and inde
Vcmlcnt departments."
The framers of the constitution of
the I'niteil States had before them
the constitutions of the thirteen orig
inal states; they were familiar with
them. Tluse thirteen Flutes came
Into the I'nion with their existing
constitutions; hence, p. must Mllovv
that ihese constitutions provided a
rciiublicau form of government.
A survey of these constitutions
shows that each and all of them pro
vided i, i- government by r,-pre:--entn-ti.
.11 and m l by direct act or vote of
the people.
Judicial Kcl'iniliou.
The phr.'sc- "republican form of
government" us i sed in the constitu
tion, therefore, means a government
by representation.
Tile súpleme court of tho I'nited
St:, t'-s, the final authority in all mat
ters touching the eonsiitntiori, has
declared such to be Ihe meaning of
the teem.
"It is true that the Fulled States
glial ..titees lo everv stale a republi
can form of government. It is also
true that no slat" inn pass a bill of
attainder, and that no person ,an be
deprived of life, liberty, IT property,
without due process of law. All these
several provisions of the constitution
musl he construed in connection wilh
the other prrts of tho instrument and
in the light of tile surrounding clr
ctimsiaucoK. "The g.iaiauty is in' a republican
form of government. No particular
government is designated rx republi
can, neither is the exact form to be
guaranteed, ill any manner especially
designated. There, as In other parts
of the Instrument, we are in other
parts of the Instrument, we' are com
pelled t' resol i elsewhere to ascer
tain what was Intended.
"The guaranty necessarily Implies a
duty on the part of the slabs them
selves to provide such a government.
All the states had governments win n
the constitution was adopted. in all
tile people participated to some ex
tent, through iheir rcpiesvutatlves
elected in the manner specially pro
vided. These governments the con
stitution did not iliangc. They were
accepted precisely as they were, and
it Is, therelore, to be picsnmed thai
they were such a-' it was the duty of
tile .states to provide. Thus we have
iiniuisla kable evidence of what was
lepiililiecn In form within the mean
ing oi ihai term as employed In the
i oust itnlion." Mim r vs. Ha pperscil,
I a llni e. page 1 7 ...
"F- the constitution a republican
loim of government Is the guaranty
to eveiv state in the I'nion, and the
distinguishing feature of that form Is
the right of the people to choose
their own offices for government ad
niinbiration, and pass tlnir ovv.v laws
in virtue of the legislative power re
posed in representative bodies whose
legitimate lets may be said to lie
those of the people themselves: but,
while the people are thus the sources
of political power, their governments,
national and state, have been limited
hy wiitten constitutions, and tliey
Tii ve themselves thereby Set bounds
to their own power as aainst the
sudden Impulses of mere majorities."
- in re-Duncan, ..! I . S.. page 4hl.
In the case of Dowries vs. indwell.
In the opinion of the court of date
May ü?, Hull, the following language
is used, speaking cf article 4. section
4 of the constituí h n
chior's l ii I i -landing.
'Acording to the detinition ofW'eh
rtor. 'a government In which the su
preme power rests in the whole body
of the people and Is exercised by rep-
IS THE ONLY EMULSION
IMITATED
If there was any other
Emulsion as good as SCOTT'S,
SCOTT'S would not be the
only one Imitated.
For thirty-five years it has
been the standard remedy for
Ccughi. Ccídí. Let 4 of
fluh, Anemia, 'Bronchitis
AJ)
CONSUMPTION
B nr t rrt SCOTT'S: -
hettW ; r-naltad ud back- hy
ALL DRUGGISTS
fissmsm
resentutlves, elected by them.
Downs vs. Hid well, IS2 F. S., page 2 7 9.
There are decisions and expressions
iii text-writers lo the effect thnt by
the term, "republican fnim of gov
ernment." it was intended i-nly to
niiard iLiraliist mona roll in I forms of
government; but the authorities fl
ready cited, nnd particularly the ex
pretsloris of Ihe supreme court of the
I'nited States, show conclusively lhat
the term, "republican in form." is'
used In the constitution in contra dis
tinction to a demociacy.
I lake it, therefore, ns a settled
principal of constitutional law. that
ihe words "republican form of gov
ernment." rs used in the constitu
tion, mean e. government by repre
sentation and not by direct act of the
people.
The law-making power is the great-
mi ioii-,.i- in t'oeernmenl. and lis
manner of excicises denotes the form
of government. It follows from what
has been said that this power, In a
public, must be exercised by ihe
people, through their representatives,
ior, if the power
the government i
be ex
rcisd dint ly,
not
republic but
a democracy.
What, then, is proposed hy this
measure '.'
"The legislative authority of the
stale shall be vested in a lecislture,
consisting of a senate and a house of
r presentatives. but the people re
serve Ihe power to propose laws and
amendments to the constitution .and
to enact or reject ,é same nt the
polls, iij'!eieni!.ni ly i.f the legisla
ture: i.nd they also reserve for use nt
their own option the power to ap
prove or reject at the polls any act,
or Hem, section cr part of any net, of
the legislature."
"The veto power of the governor
shall not extend to Initiative or ref
erendum measures approved by a ma
jority of the qualified electors."
"This section shall not be construed
lo deprive the legislature of the rluht
lo enact any measure.''
UciiresontiitiriH Wiped Out.
A legislature is established, but with
limited powers. The legislature may
act, but its every act may be undone
hy the people. It may pass a law, but
the law may be repealed at nny time
by referendum. Laws may be passed
by the people acting independently
and without the legislature. Practical
ly any law may be enacted without
the legislature nnd any law enacted by
the legislature may he repealed bv the
people without legislative consent.
The legislature has, therefore, no rent
law-making1 power, for all of its acts
may be undone nnd laws may be
passed without its sanction or consent.
Tho renl and substantial legislative
power is not delegated to it, but is re-
served. It cannot be said that any
renl power 1 ever delegated when the
granting power reserves Itself, at all
times, asd in all things, the power to
revoke, to undo that which has heen
done, nnd to act lor itsell indepen
dently. The ultimate controlling power of
legislation, under this proposal, lies
with the people, for under the refer
endum all nits of the. legislature. In
eluding repeals by that body, may be
referred and completely abrogated.
I'nder this act, therelore. the leui.s
lative power is not delegated, but re
tained by the people is to be exercised
directly by them. The legislature is a
mere form, a body shorn of power. It
Is not government hy representation,
hut government uirectiy. Mien a loriu
ol government is not republican Í"
form, but democratic, and is repug
nant to the coustituti.ru of the Fnlte.1
States.
'Ilie llcgimilng of Anarchy.
If it lies in the power of the people
of this state, under the constitution of
the I'nited States, to destroy the leg
islative and take the law-making
power Into their own hands or retain
It in their own hands, they must have
the same power to destroy the execu-
live and the Judiciary. All are forms '
of republican government, all in- I
stances of delegated power, of gov- '
eminent by representation. Ir the
law-making power may be destroyed,
so may the law-enforcing power nnd
the law-construing power, due is no
more sacred than the other. If you
may say .to the legislature, "We re
serve trie right to undo all that you
have done or may do," you may re
serve the same riaht as to the judic
iary and the same right as to the ex
ecutive. Indeed, it is now proposed to de
stroy the power of the executive hy
denying it the power of veto and to
seriously impair the Judiciary by de
nying it the power to declare uncon
stitutional any law passed by the
people. This last proposal, if put into
ctfoet. destroys the constitution, for.
If there be m power to declare a law
enacted by the people unconstitu
tional, then every new law will be Just
uh supreme as the constitution itself,
and the constitution would consist,
not of the Instrument, so called, but
of i vary law thnt might be passed.
And, if there be no judiciary, wrlh
power to say which law is supreme,
in case of conflict, what is left but
thai uncertainty which leads to an
nrehy. It TMignant to lallilbling Act.
Ac.tin, 1 conceive the initiative and
referendum repugnant to the enabling
act in another respect, i'.y section 114
of the enabling act, the laws of this
territory shall remain in force until
changed by the legislature, except ns
changed by Ihe enabling act, or this
constitution. The proponed constitu
tion, with the initiative and referen
dum, does not change the existing
laws, hut only provides a means or
method of legislation hy which they
may be chnnged; only the legislature
may, therefore, change the existing
laws. They cannot be changed by the
referendum, nor can they be repented
hy implication by Initiating a new law
In conflict wilh them. The Initiative
and referendum cannot then apply to
existing laws, and the broad state
ment contained in this proposal, that
any law may be initiated or referred
is not permissible under the enabling
act. The clause or phrase of the en
abling net Just mentioned indicates
also that congress, in passing the en
nblinn act. contemplated that the
legislative power ehould be vested in
the legislature.
The constitution of the Fnited
States is the supreme law of the land,
and the enn'oling act is supreme, so
far ns we are concerned. I am not
now debating the merits or the la k
of jnerits of the initiative and refer
endum: I nm confining myself to the
constitutionality of the matter. It is
immaterial whether the proposal be
guild or bad from nn economic or
political standpoint; it it be had utnbr
the constitution.
A IH-mliiig Fae.
j As before stated the case from rue- j
! so invulvin" the constitutionality d
' the initiative is now on appeal to the
: supreme , onrt of the Fnited States ,
j The ease will not be reached for hear
' ing. 1 am reliably informed, before a j
I year Irom ibis date. The decision of i
I the supreme court will he final. I am j
I w ell aware that in many- Instances tiie
decision oí what is or what is not re
: publican in form, rests with concc- '
j and is a volition; and not n judicial.
; cin(iii,it. but the manner 1n which
the case now before the supreme
I court has arisen, involvinsr. as it il,i ,
riahts of property under a law- of I ire- I
! g-n Initiated and rassed by the peo
ple and not by the legislature, makes
it Imperative for the court to
I upon It.
passj
DOCTOR
ADVISED
OPERATION
i
ICuredbyLydiaS.Pinkhaü.'s
'Vegetable Compound
I .
If .ins. -"A
i T u o. T ' , "S"0 "JSt
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j In a short tunc a bunch o.aine and i
i uovnt-'icu iuc bu uiuvn ui, nig-lic I cnul(l
sleep. It
Kept
r""' e ''"-'i- ami
by lull it was as
larue as a lien's ew
I foul.l not p,, (o
bed withou: :i Imt
water bdttli apnliii
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One of til' lle-t iloc.
torn in Kansas ami
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was soiiic'Jiiiicr m-.
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Tr, in f re1 mul aKva;'s helpful.
Outing Suits
Made to
Measure
For Men
and
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Govern
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Khaki
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Army-
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Men't Catalogue No. 17; Wonun'i
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l eave Vaughn at 9 a. m.; arrive in
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HaggTge allowance. 30 lbs. Kxccs,
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From a loaf baked In our
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5