The commoner. (Lincoln, Neb.) 1901-1923, April 01, 1918, Page 3, Image 3
MfrtM RiWKf ,","'""' " ( " f'TOWPTWl itibi'?tt''iJJU. Commoner .?t. &918 .., ? . - 5 i jt - rn 2 " . t i- , A w .) "r ' 1 .' JSM W-1 j", 0 i ess! .fall ;.V! ja;i Put none but raiificationists on guard. Democrats and Re- wblicans everywhere should see to it that every candidate for the late legislature is openly pledged to vote for the ratification of the ational Prohibition Amendment. Take no chances This- is e supreme domestic issue until Constitutional Prohibition is secured. irnor Whitman's Message )r unaries a. wmtman or JNew xoric, it message to the legislature, exposed of the referendum for ratification of istitutional amendments. His message" lembly: to communicate with your honorable iie subject of a proposed so-called ref- to the voters of the state on the ques- Le ratification of the resolution of con- fposlng an amendment to the constitu te United States prohibiting the uianu- tle and transportation of intoxicating leral. constitution provides the method the people of the state may act and the fod by which they may legally ratify or Bh a proposed amendment, namely, ac- 5fe legislature. Hi not be opposed to allowing the peo- fcvote if it were possible under the fed- iitution; but this measure confers no tatever upon the people. I do not op- Imeasure in its present form because it jndum. My objection is that it is not Inot be a referendum, as the public un- the term. A referendum vote on. a amendment to the state constitution is The result of a vote under this meas- ild it become a law would leave the tre exactly where it is now. i0"'"'" " w - -"- -Q - '-- iy bound to abide by the result or the so-called "referendum." Hence, such rould not relieve any member of the ire of his ultimate and unescapable re- Uity cither to ratify or reject. I'd the majority in the state be against tion, no man elected from a district with Lion majority could be expected, as the itative of his constituents, to vote prohibition. -Nor is it likely that a man T 4XU1X1 U BU-liOIlcu net ujo(.wb iruuiu. r prohibition even though the majority atate might be for prohibition. ther words, the result of a campaign lin- i proposed measure would be without E and without effect. It is an evasion fdeception, and' I am not willing to be a to the foistering upon the public of a dis- t measure. the assembly in square acceptance of its ftion amendment, no matter how much I have doubted the wisdom of such an ac- should not- have interfered, co lmn hpftn and there will be no effort on irt of the executive to compel ratification. exclusively the province of the legislature ilfv or reiect. Far better that the amend- fbe rejected now and be left far the action rubsequent legislature than to permit this Lion to be imnosed unon the people. the members of your honorable body .well I the state law enacted last year provides real referendum on the liquor question in town and city of the state where tne cit tdcHirfi that such' a vote be had. lis interesting to note that many of- the. irtets of this proposed so-called referendum only a year ago, in open opposition to the submission of an honest referendum to the peo ple on the subject of a prohibition amendment to the state constitution, and were bitter in their opposition to the present local .option law 'of the state with its provisions for an effective referendum in every city. I do not question, however, that some of the members of your honorable body have been hon- - estly misled in this matter. Judge "Ruggles, presiding judge of the court ' of appeals, speaking for the court in the case of Barto vs. Himrod (8 N. Y., 483), as far back as 1853, in regard to the delegation of legisla tive authority, said: "The legislature has no power to make a stat ute dependent on s.uch a contingency, because it would be confiding to others that legislative discretion which they are bound to exercise themselves, and which they can not delegate or commit to any other man or men to be exercised. They have no more authority to refer such a 'question to the whole people than to an indi vidual. The people are sovereign, but their sovereignty must be exercised In the mode which they have pointed out in the constitution. All legislative power is derived from the people; but when the people adopted the constitution, they surrendered the power of making laws to the legislature, and imposed it upon that body as a duty; they did not reserve to themselves the power of ratifying or adopting laws pro posed by the legislature, except in the single case of contracting public debt. They probably foresaw the evil consequences likely to arise from such a reservation; these are well and forcibly expressed by Mr. Justice Johnson, in his opinion in the case of Johnson v. Rich, 9 Barb. 686. 'I regard it,' said he, 'as an unwise and unsound policy, calculated to lead to loose and improvident legislation, and to take away from the legislator all just sense of his high and enduring responsibility to his constituents and to posterity, by shifting that responsibility upon others. Experience has also shown, that laws passed in this manner are seldom perma nent, but are changed the moment the instru ment under which they are ratified has abated or reversed its current; of all the evils which afflict a state, that of unstable and capricious legislation is among the greatest.' " While this decision dealt with the right of the legislature to make a statute dependent upon the vote of the people, yet the theory of government would apply to the present case. It is interesting to note that this plan," plainly a subterfuge, has been proposed once before in the history of this state in its legislature. This is not a new idea. It originated with the so called Tweed minority in the senate in 1869. It was the way the minority in the senate, not conspicuous for loyalty to the federal govern ment or to the interests of the state, endeav ored to beat the fifteenth amendment to the constitution, the amendment which provided that the right to vote should not be denied on account of race, color or previous condition of servitude. The Assembly had ratified the amendment; the resolution to submit to the people was introduced in the senate for the acknowledged purpose of defeating this historic measure. Tweed was able to rally fifteen of the thirty-two senators to its support. The resolu tion was beaten on a vote of seventeen to fif teen; the game fifteen senators immediately af terwards voting against the ratification of the famous amendment. From, then until today no member of the legislature of New Yorko far as I have been able to learn, has presumed to suggest by res- olution offered in that body, that its members worp unable or unwilling to perform the duties' ' imposed upon thorn by the oath of office and. by the constitution of the United States of America.. The only precedent for the contemplated 'ac- tion of the present legislature is the one which! I have indicated. The plan conceived by Tweed and his follow ers was intended to prevent the enfranchise ment of the emancipated negro. It was de feated nearly fifty years ago by the intelligent and law-abiding majority of the senators of th'o state of Now York. It is inconceivable to mo that the method de vised by "William M. Tweed to defeat the pro-' visions of the constitution of the United State's' or at least for the purposo of avoiding the per formance of a plain duty imposed by that fn-'f strument, should be adopted today by the legis-' lature, of New York for the same purpose. I urge upon the -members of your honorable body to consider the sacred nature of the oath " which every one of you has taken, and the provisions of the federal constitution which you have sworn to support. ' ' A BANKER'S OPIxVION "I wish you would urge with all your influ ence the passage of the guaranty of deposits in . national banks up to $5,000, as this would be a, great help to the national banking system and,, with the reserve banks, It seems to me that it,, will be almost a Gibraltar for national banks. .While you are not a banker, I think you will; appreciate that these small deposits are what banks cater to and ask for. I would rather have 20 people have $100,000 In our bank than to have one person keep that amount with us.. InT. fact, we like deposits from $100 up to $5,0.0Q,. and a bank that has its deposits largely dis-. trlbuted in this way, and its loans distributed on a -similar basis, is the very strongest possible, endorsement of good banking and prosperous. banking. "Very cordially, "W. C. ROBINSON, "Winfleld, Kansas." .': Mr. Robinson Is one of the earliest bankers,, in Kansas. He has had experience as a national. ; banker and he has seen the success of the guar-,' anty system in Kansas. His opinion is valuable. " t THE SPY The German spy system has grown to be such a menace that the government is preparing to deal with It with a stern hand. It should. The' spy is the most wicked of all criminals, whether actuated by love of money or inspired by love of his country. He plots to kill without the hazards of open warfare. Availing himself If the protection of our country, and covering his scheming by deceit, he not only reveals our military plans but, when possible, mutilates our machinery and paralyzes our efforts. Hundreds, even thousands, of lives may be sacrificed as a result of his activities. Take, for instance, the spy work in the aeroplane factory. It was found that enemies, employed and working alongside of patriots, were .substituting defective parts for sound parts so that aviators would fall to their death and our government would lose the value of their service at critical times. If any one deserves a death sentence, surely it is the spy. No tears should be shed; no mercy can be shown. . In war, life is staked against life, and the death least. to be regretted is the death of the spy. W. J. BRYAN. - fciii