SI"
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-V . -VOLUME
111 NUMBER 1
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history. Not only In tho federal government,
but In nil of the states, progress Is being made
toward raoro popular government. Each now
constitution Increases tho safeguards thrown
about tho rights of tho people, and gives to tho
pooplo a firmer control over tho Instrumen
talities of government, and, upon tho represen
tatives who speak for tho people
Tho Arizona constitution, now before tho
pooplo for ratification, has as many merits, and
nB few faults as any such document can bo
Hxpectcd to have. If It Is rejected and another
ono wrltton, It Is likely to bo more radical
than this, rather than less radical, because tho
tendency is everywhere toward tho enlargement
of tho powor of tho voters. The Arizona con
stitution contains an admlrablo bill of rights.
It begins by assorting that political power Is
lnhoront In tho pooplo, and every provision of
tho constitution Ib In harmony with this
declaration.
Tho bill of rights preserves trial by jury, but
permits less than a unanimous verdict In civil
cases. This is a distinct improvement and is
Jntondod to provont tho hanging of juries by
ipno or two jurors.
Tho election laws aro good, including, as thoy
fio, publicity as" to campaign contributions.
Tho governor Is permitted to veto individual
Horns in an appropriation bill, thus making It
possible for him to protect the state from log
rolling in tho socuring of appropriations.
It provides for tho placing of tho names of
senatorial candidates on tho ballot, thus making
an approach toward tho popular election of
oonators; and it also provides for tho direct
primary, which deprives tho political boss of his
powor and onthrones tho voters.
Tho educational system provided by tho con
stitution cannot bo Improved upon.
Tho article on municipal corporations is very
carefully drawn, and protects the rights of tho
citlzons. No exclusive franchise is permitted
a very important provision. No franchise can
bo granted for more than twenty-five years, and
no franchiso can be granted, extondod or re
newed, without the consent of tho people. Tho
municipal corporation is authorized to engage
in any municipal work which tho people may
desiro to enter upon. These four provisions
mako tho city government really representative
of tho people of the city, and protect the people
from tho groat injustice that has como from
long time-franchises, and from tho betrayal of
tho public by municipal officers.
The article on industrial and commercial cor
porations will stand as a monument to the intel
ligence and fidelity of the members of tho con
stitutional convention. Monopolies aro for
bidden Tho issue of watered stocks and bonds
IB prohibited, and tho stato reserves the power
to exorcise tho right of eminent domain over
tho property of corporations as over tho
property of individuals. The provisions relat
ing to tho control of industrial and transpor
tation corporations reflect great credit upon
those who prepared them.
llio article oiTlaDoT remTdies'iiboTit'all of
tho known abuses of which laboring men havn
complained. It gives relief fromfo follow
servant law, relief from tho limitation of the
JEEJ"? recovery to injury cases, and the
S to hav questions of negligence determ
ined by tho jury. It also authorizes a workine
man'B compulsory compensation law.
1,0 the, est parts of Ule constitution aro
those providing for the initiative, the referen
dum and the recall. These are most important
because they put the government in Zhands
ooenrth lT thG PG0Ple t0 Coe-
is, however, of less practical Importance than
tho other two, and less likely to bo called into
operation. Tho official terms provided hv ?h
constitution are not long, and shorter So
term tho less likely is the recall to bo rSorSS
to. Besides there is a sense of jusUco in tho
masses, which will prevent iSort to tho
recall, except in extreme cases. The Seonlo
are much more apt to overlook official S
doing that ought to bo rebuked than they we
to administer an undeserved rebuke The Uln
is merely a form of impeachment in which the
people aro tho jury. wuicu me
There is no reason why the rpn 0vi
not apply to judges, for they arG as miS?
servants of tho people as oUierofScfals ?he
hendesdearvlsri? "U"?9 bGinf recad SfiS
llit!rt torTyeCtnoser who on
the recall, will protect tho judge in f
unjustly attacked. Moreover Sb niSSSi '!
the constitution, like ZorTTZSy
The Commoner
changed, if tho people find that the recall 'is
objectionable. Ono unjust removal of an official
would result in the repeal of tho provision, and
the initlativo provides an easy way in which tho
appeal can bo secured.
The referendum is moro important than tho
recall, but less important than the initiative,
except where it is used for tho protection of the
people against the sale of franchises and tho
creation of improper indebtedness. The referen
dum gives the people a veto on the acts of
their representatives and why should they not
have this? Who will justify the enactment of
laws to which tho peoplo themselves object?
The initiative is more important, so far as
it applies to stato legislation, than the referen
dum or tho recall. It really includes an indirect
form of referendum; that is, it enables tho
people to force a repeal of a bad law in a short
time, while the referendum prevents the objec
tionable law from going into operation.
But the main purpose of the initiative is to
protect the people from that misrepresentation
which manifests itself in the "refusal of legisla
tors to enact laws demanded by tho people. It
recognizes the peoplo as tho source of power,
and makes that power effective. The initiative
is like the referendum in one respect, namely,
that It strengthens the representative to resist
temptation, while it protects the people, in case
he fails to resist the temptation. The influence
of the lobbyist is reduced to a minimum when
the people aro in a position to enact, through
direct legislation, any measure the lobbyists
are trying to prevent, and when the people
aro in a position to defeat any undesirable
measuro which the lobbyist may favor.
The percentage which the constitution re
quires for the petition, in case of the use of
the initiative, Is ten per cent a percentage
higher than is required in most of the states
which have it. The fifteen per cent required
for amendments to tho constitution is as high
as is required in any state. Your constitution
wisely requires that only a majority of those
voting on the proposition shall be necessary
for its adoption. Some of the older constitu
tions require a majority of all votes cast at the
election for the adoption of an amendment, but
this gives the negative side an unfair and un
deserved advantage, for all who are too care
less, too indifferent, or too ignorant to vote on
a proposition, are counted on the side of the
negative. Why should the negative have this
advantage? Governors, congressmen, represen
tatives, and other officials, are elected by a
majority of the votes cast for that office, n6
matter how many votes may-be cast at the
election. Why should a Heavier burden be
Placed upon those who desire, through direct
Ihf SAr a ChanSe -"
of men without containing provisions that some
object to, and without omitting other proviXs
that others desire. All constitutions are to a
considerable extent, compromises and nA l!
constitution that this convention; or an?otheT
convention, could prepare, would be likey to
please more people than this does int tw
constitution has the great mem of povidw
viZanS by rhich the people cn change indi
vidual provisions, after adopting the document
to oh T H SertSn the thfng
sjrsi r ecetd fflSa
ten amendments were adopted ImmSStolV it
now to the ArtoSSSS IMbT0
tnf S ArIzona constitution were tHS
together, they could not agree unon LI get
as ten amendments to bo made Whv JS fS?ny
the example of our forefath a y -follow
constitution, secure statehood Lxl adopt tho
to make such amendment ? a, ?hVen ?roceed
desire; for, remember S G pople may
zona can, St diffll.?6 Pepl of Ari
provision to whicthey rtJeMta ffi? , 7ery
constitution is very difficult of mr,n,,the f.ederal
amend the federal coMti2m u0n.dmont To
that the proposed amendment Jn n?cessy
jnitted by a two-third? votef hnK be sub"
by a constitutional convention h,ouses or
thirds of the states) and SSn Cled by two
fourths of the states' ?f th??fled by three-
and a quarter ago could rfsk fho f a Century
amendments so difficult n I tho Bec"ring of
the peoplo of ArKa risk ttoS. W,hy can
desired amendments when the? o of any
secured? n mQy c11 be so easily
It has been suggested that President Taft
will refuse to approve of the constitution in it
present form. There is no way to determino
this except by trial, and it will take no loncer
to write a new constitution, In case he dop
roject this one, than it will to reject this con
stitution, and write a new one, out of fear of
rejection. If a new one is written, you will still
have to take the chances of rejection. Even
if the chances of ratification and rejection were
even, it would be better to ratify first and
change afterwards, if found necessary, 'than
to delay statehood in order to make changes
that may not be necessary. But, as a matter
of fact, the chances of rejection are very remote
The trend toward progressiveness is so marked
that no one can fail to observe it. The next
congress will be progressive by a large majori'tv
and the next senate will be in the hands of pro
gressives the democrats and the progressive
republicans having a clear majority. The presi
dent will not be likely to throw down such a
challenge to the progressives with two year
of administration yet before him. He may even
have changed his own views as a result of the
last election. Since the enabling act was passed
Ohio, the president's own state, has, by a larce
majority, declared in favor of the initiative and
referendum. Is that not likely to have some
Influence on the president's views on the
Thme(L years ag0 President Roosevelt sent
Mr Taft to Oklahoma to protest against the
Initiative and referendum clauses in that con
stitution, then before the people, but when the
people rejected the advice of the administra
tion and ratified the constitution, President
Roosevelt bowed to the will of the people of
Oklahoma and approved the constituion Is
there any reason to doubt that President Taft
will In like manner, respect the right of the
.people, of Arizona to write their own consti
tution? There is another fact that should be re
membered by those who fear the rejection of
the constitution, namely that ex-President
himSftn bfa,B' ithin a few wes, declared
himself for the first time in favor of the initia
ls freferend1um and recall. Is President Taft
likely to make an issue between himself and
the man who contributed most largely to his
WlDan n ?,? eleCti(m? U ustgbe remem!
bered, also, that a progressive republican leacuo
has been organized, numbering alnbifa mfni
mZ w O!enatonl and representatives from a
SS?t.on2MiPr0mI,l?lt republican states, and
SiT 3 ica?,s enTdorse the lnltiative, referen
attaok tSieCa IS President Taft likely to
Sb;iPplatfs?n,xnerely for th0 sake of
.25 ? nSS the'will1 of th People of Arizona?
Do not allow yourselves to be driven awayjrom
somebTdv VnWW0f TfH is right the
I ! S .? Waftington will force unon you
?ri2 f? Khi(? you d0 not ke. The
servke Zllri(leilt Taft render him a poor
blS i Sf . n?ey accuse nlm' or even suspect
mm, of a willingness to thus deny tne ueonle
goVtrnSt.the rlSht t0 frame & ownP stat
congress31" "tI yU be afraid of hostility in
de?ay statehnnfl. iCf0n!?BB .wiU do nothInS to
gress to tlrV ? WH llot allow &Q next con
into the nnSSf6 ? 5nor of bringing Arizona
wouldannl The fact that nex congress
JSScUo5Pb?MyJUr constltution will prevent
tor LodLo tn inoCngress- Do not allow Sena-
elerctio0nfenoV0in t R?PSed poSnlar
which hP r iJ the same speech in
would not tpa ?S? .t.he recall The senate
Let this SStm hint n either Proposition,
upon iLow??,1011 5e ratIfled or rejected
representaHvl erJtSu You haV elected your
ment wntah d have presented a docu
yourvS if tdied SeIr understanding of
as to make it 5iS c?ns"tutlon were so written
be JuSSw 'rtej rou might
opposed imnnfnV ejecting it, if you seriously
ySWlfc but how can
yoiXr Jt t-y 25t& easy for
grS r? CtSnfitUtI??' and ter upon the
about to seoi,rafl l8 Arizona. You are
loS3 aflaiS! 0,fS?frlihltt.to contrl your own
recognfeed "t ? W5vich 0UBnt to h been
dom and inteifi,?80, D not dIstrust the wls"
constitution malr f yUr people' Your
mont ST mak1s the eovernment a govern-
be their Zft If F th,e people' "will
government fn? A: if they do not malte it a
Secure toomSL-tte S?oplG' M your people
which the STfenHUnfit t0 oxercl8e th Power
will declare twUti?n co,nfer8 uPn them! they
of those states SS?eiV?.S lnferIor to the people
to which ohWHWd ha7 adPted the reforms
afford to enter tifn Is ?eln? ffiado' c ou
enter the union handicapped by an
atfcAillBfeiLatfi j
