THE CONSTITUTIONAL CONVENTION AND ITS LABORS.
The constitutional convention was set for July 4th, 1903 at Co-opolis.
The election was held two weeks before that time. Few individualists
were anxious to become delegates because the honor was unaccompanied by
compensation, and for the further reason the majority of Co-operators
was now overwhelming. The result was that the same proportion of
Co-operators obtained in the convention as in the Legislature and it was
evident that the progress of the Co-operative Commonwealth would be
carried out. When the convention met it was called to order by the
Governor, a portion of whose address on that occasion is well worthy of
repetition. After tracing briefly the history of Co-opolis and the
Brotherhood of the Co-operative Commonwealth, in glowing language, he
took up the question of the Co-operative Constitution and said:
“Gentlemen: You are the men in whose wisdom the state of Idaho confides
and upon whose action here the fate of unknown generations hangs. I
would not presume to advise you with regard to your all-important
mission, but I shall ask permission to offer, with the greatest humility
and with all respect for your high intelligence, a few simple
suggestions.
“The burden of all I have to say can be aptly phrased in the somewhat
homely language borrowed from the street. Do not put your state in a
‘strait jacket.’ Do not think it necessary to prohibit, restrict, define
and dogmatize when you come to make your constitution.
“When you have provided a system of state government and made clean and
emphatic the boundaries of executive, legislative and judicial power,
consider that you have completed your work. Do not undertake to guard
the inalienable rights of man by introducing details, methods and
systems into your constitution. Leave all that to the common sense and
common justice of the people. Let your Legislature dominate both the
executive and judiciary. That body is designed, or should be, to express
the popular will. The judiciary is designed to interpret that will as
expressed. The executive is to carry that will into effect.”
The Governor’s address did not advance further into the province of the
convention. He spoke, for the most part, in a merry vein, as if he felt
that even if the success of his work was not yet achieved it had nearly
passed the stage of experimentation, and when he concluded the
convention, while impressed with the importance of its great mission,
appeared to share in their leader’s satisfaction.
The convention continued in session one week. The result of its work was
a constitution, brief, clear and simple. It provided for executive and
legislative departments. No judiciary was provided for. It prescribed
the duties of the executive department and provided for its branches.
The first Governor of Idaho was to hold office for a period of three
years and all Governors succeeding for seven years each. He was the
chief executive of the state and his duty was to see that the law was
enforced.
There were to be a Secretary of State, State Auditor, State Treasurer,
Attorney-General and Secretary of Co-operative Industries. The duties of
these several officials were such as ordinarily attached to such
officials, except that of Secretary of Co-operative Industries. It was
the duty of this official to keep a full record of all Co-operative
Associations in the state, their rules and by-laws, and to use his best
endeavors to bring about a complete union of all under one head. He was
also to be the active general of the militia of the state and
superintend all operations of that body, subject to the order of the
Governor. The Great Council possessed all legislative and judicial
power. The legislative power could not be delegated, but was restricted
and controlled by the people as follows: When twenty per cent of the
voting population of the state should petition to have any law, whether
on the statute books or not, submitted to popular vote, the Governor’s
duty was to submit it at the annual election held in October of each
year.
A majority vote was sufficient to enact or repeal such law.
It was also provided that if twenty per cent of the population should
petition the President to remove any official from office the question
of such removal should be submitted to the popular vote at the next
annual election, and a majority vote was sufficient to retain or remove
such official. In case such officer was removed by popular vote the
Governor was to appoint a successor to hold until the next annual
election, but the person removed could not hold the office again until
one full term had intervened. The Legislature had power to delegate its
judicial functions in such manner as it saw fit.
When it was desired to remove the Governor the petition must be
submitted to the Great Council and in case of his removal the vacancy
was filled by that body.
When the convention adjourned its labors had produced the briefest
written constitution in force in any of the states of the American
Union. In my opinion it was the best. It not only made the legislative
body the most prominent of the people’s servants, but it provided a
plain and simple method for the exercise of such control. It provided a
strong executive to execute the laws and made him the commander-in-chief
of the militia of the state, both industrial and military, but it gave
him no veto or pardoning power. It was, however, his province to
recommend to the Great Council the pardon of persons sentenced by the
judiciary to punishment, and few instances are known to our history
where such recommendations were not acted upon favorably. It contained
one brief provision which expresses all that is best in modern civilized
government in a few words. That provision, under the head of
Co-operation, is as follows:
“The Council shall provide for the government ownership of all the
sources and machinery of production and the operation of the same, to
the end that no person within the state shall be idle or needy. It shall
cause all railroads, water rights, mines and cultivated or uncultivated
lands to be purchased by the state as speedily as practicable and shall
levy an army, to be known as the Industrial Army, to work the same. The
state shall never sell, grant or alienate any of its property so
acquired. No property shall be taken from any person or persons by the
state without paying just compensation therefor.”
All the laws in force at the time of the adoption of the new
constitution, except such as were inconsistent with it, were to be
continued in force until amended or repealed. All officials, except
those whose offices were abolished by the new constitution, or should be
abolished by the Great Council, continued in office until the next
general election.
The constitutional election was held the third Monday in August, 1903,
and resulted in the adoption of this new instrument. By its terms the
old system of legislation being abolished, the Governor was authorized
to convene the first session of the Great Council the first Monday in
January, 1904. An election was called for November, and at that election
the Great Council, consisting of one hundred and ninety members,
representing as nearly as possible one for each one thousand voters,
were elected. All but thirty were Co-operators. There was no doubt now
that the new state and the new system were, for a time at least,
established. The machinery of government was in our hands and the future
rested with us.
The world beyond Idaho did not apparently concern itself with us or our
system. The defeat of the opposition which had, in the election of 1902,
attacked us with bitterness, resulted in that opposition subsiding into
silence. The great dailies, magazines and periodicals simply refused to
recognize us, and our system received no notice from the capitalist
world. This was annoying to some of the Co-operators, both in and out of
Idaho, because we felt that we were ignored and that our merits ought to
be proclaimed. I remember some of our members of the Great Council
expressing dissatisfaction because of this fact in the presence of
Governor Thompson.
“Merits!” exclaimed he; “what merits have we? We have simply shown the
world that for five years we could work together and produce wonders.
Let us see what we can do as lawmakers. Let us show what we can do with
a state after we have captured it. If we make some blunders you need not
flatter yourselves that you are unobserved. If you build a strong and
substantial state you need not fear that the world will overlook that
fact. The truth is that all the capital, intellect and classes of
America are watching for signs of disagreement and dismembership. They
will be disappointed if they do not find them, but when you are on a
solid basis then they will proclaim your system a wonder and
philosophers will come to observe and study it. We ought to bear all
this in mind as we proceed to the work of making proper laws for the
regulation of this state. Our history is just begun and it rests with us
whether it will continue.”