PAGE. 69. The general assembly should be forbidden to interfere in local affairs of towns and cities. Earnings needed for support should be exempt from attachment. 70. No property should be exempt from taxation. 71. Except when to tax it would be unconstitutional. Witnesses in criminal cases require more protection. Justice and public policy require it. A mode should be provided to collect a claim against the State. Extra pay to publie officers should be prohibited. 12 Harv. L. R. 316. The qualifications for the suffrage should be simple and uniform. All persons 21 years old not disqualified through crime or mental incapacity should be voters. Education, including teaching of morality, including political morality, should be insisted on. Our retention of property qualifications has not resulted in better government. The time has come to carry into effect our professed belief in a democratic form of government. It is safer to trust all the people than any one section. 72. Suffrage should be extended to women. It will be when they are convinced of its wisdom and ask for it. No State is in normal condition when any large class is excluded from suffrage. If women were voters, laws discriminating against them would be repealed. As, for instance, the right to administer without accountability on deceased wife's estate. A plan should be adopted under which suffrage could be extended to women when public opinion renders it feasible. All contested election cases should be decided by the judiciary. No "grab act," "back pay act," nor distribution of public offices among members of the general assembly should be possible. All State officers in towns and cities appointed by the general assembly Corporations should be formed under general laws, even if they exercise A bicameral legislature should represent different constituencies. 73. Equal representation of each town and city in senate, accords with the his. tory and constitutional development of this State. All the more imperatively, representation in the lower house should be based on population only, without regard to town lines. Therefore, the State should be divided into districts of equal population, each to elect a representative. With provision for minority representation. An independent, able judiciary is best secured by vesting appointment of judges in the executive, under proper restrictions. PAGE. 73. The judges should be removable only because of old age or for good cause. Only men of one party are now placed on the bench. Judges should be appointed irrespective of party. Publicity is one of the most potent means for promoting honesty in administration of public affairs. 74. Therefore public returns should be required in all election matters and in all matters before the general assembly. The old inhibition of grant of monopolies is evaded by coupling the grant with a consideration paid. Even if it is inadequate, it thus becomes a contract and is protected by Art. I, Sec. 10, Constitution of United States. The remedy is a new clause in the bill of rights forbidding such contracts except for adequate consideration and for a limited time only. Full statements of moneys received and how spent for campaign purposes, should be required. 75. Organization in political affairs acknowledged to be necessary. But such organization is of public concern, and publicity is requisite to Secrecy in political organization is requisite only to conceal dishonesty. Because it is a denial of the right of the people to make and alter their con- We cannot make our successors' rights different from our own. Our predecessors could not make our rights different from their own. Limitations on this right have been attempted in other States and have failed. 77 to 110. Essay at a draft of a new constitution submitted. PREFACE. In reply to questions put by the senate, the members of the supreme court gave their advisory opinion March 30, 1883, to the effect that the general assembly has no power to call a constitutional convention. If correct, this would render wholly nugatory the express declaration contained in Article I, section 1, of the constitution: "The basis of our political systems is the right of the people to make and alter their constitutions of government." January 27, 1897, the general assembly passed a resolution "stating there is a wide-spread feeling among the people of the State that the constitution should be carefully and thoroughly revised, and such changes as may seem to be advisable, in view of the changed condition since it was adopted, properly and carefully prepared," and, therefore, authorizing the governor to appoint a commission of fifteen persons to revise the constitution and to make report to the general assembly, that such revised constitution might be submitted to the electors in the form of an amendment to the present constitution. The governor appointed the commission, in accordance with the authority thus conferred upon him. This commission made report to the general assembly at its January session, 1898, submitting a revised constitution drawn by them. This revised constitution was submitted by the general assembly to the electors of the State as an amendment to the existing constitution under Article XIII thereof, and failed to receive the necessary approval of three fifths. It was again submitted to the electors on June 20, 1899, with a change of the time a constitutional convention should be called, and again it failed to pass. It would seem, therefore, that despite the admitted necessity for a new constitution none is to be had. It is the purpose of this pamphlet to show that the general assembly should call a constitutional convention forthwith; that it has this power; that the advisory opinion to the contrary was clearly wrong and has no effect as a judicial decision; that this course would be strictly in accordance with established American usage, when necessity arises for a revision of the constitution; that such thorough revision can be made in no other way; that the majority always has the right and power to make and alter the constitution; that this doctrine is strictly in accord with the provisions of the exist ing constitution and of Article I, section 1, more particu larly; that the constitution framed by this convention should be submitted to the vote of the electors, including those who will become electors under it, and should become the law of the land if approved by a majority of those voting thereon, as was the case, in both respects, when the existing constitution was adopted in 1842. It is further the purpose of this pamphlet to show some of the defects and omissions of the existing constitution and how they may be remedied, submitting to that end an essay at a draft of a new constitution for the consideration of those who wish to see the government of this State made what it should be, in the hope that this may in some degree contribute to that end. AMASA M. EATON. Providence, R. I., September 19, 1899. |