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The committee also had before it the report of the hearings and evidence produced before the same committee of the Sixty-first Congress on this question.

The substitute admits both of the Territories as States without approving the constitution of either; in fact, changes in both constitutions are suggested by the substitute, which in effect is a disapproval of both constitutions as adopted.

This has been done in order to meet the views of those Members of Congress who are willing to admit these Territories as States but who are averse to affirmatively approving their constitutions as adopted.

It the case of New Mexico the suggested change is in Article XIX of its proposed constitution, which is the article on amendments. The reason for submitting this suggested change is that this article, as contained in the proposed constitution, taken in connection with the apportionment for the members of the legislature, renders it extremely difficult, if not impossible, to amend this constitution.

Article XIX as adopted requires that amendments may be proposed by two-thirds of all the members elected to each house of the legislature, except that at the first regular session held after the expiration of two years, and every eight years thereafter, a majority can propose amendments; but in either case only three amendments can be submitted at one election, and this must be a general election, and all amendments must be ratified by a majority of the electors voting thereon, and this majority must equal 40 per cent of all of the votes cast for any purpose and 40 per cent of the vote cast in at least one-half of the counties of the State. The question of calling a constitutional convention can not be submitted to a vote of the people until the expiration of 25 years except by a three-fourths vote of all the members elected to each house of the legislature, and to call a convention during that period there must not only be a majority of all the electors voting at the election, but there must also be a majority of all the electors voting in one-half of the counties.

From a consideration of these provisions it will be seen that it will be extremely difficult for the people of New Mexico to secure the holding of a constitutional convention during the first 25 years, and when these provisions are considered in connection with the apportionment for members of the legislature provided by the constitution, the extreme difficulty of amending the constitution in any way will be manifest. By reference to the apportionment, it will be found that the four counties of Colfax, San Miguel, Bernalillo, and Socorro, with an aggregate population of 77,000, and which, on the basis adopted by the constitutional convention for representatives in the senate, would entitle this population to between five and six senators, are so apportioned that they constitute parts of 10 senatorial districts and can control the election of 10 of the 24 senators, and thus prevent the securing of two-thirds of the senators necessary to submit to the people an amendment to the constitution.

Then it will be further seen that if under such conditions an amendment is submitted to the people the Constitution makes it extremely difficult to secure the necessary vote for its adoption. To adopt such an amendment a majority of the electors voting on the amendment must of course vote for it, and in addition this majority must consist of 40 per cent of the vote cast on all questions and 40 per cent of the vote cast in one-half of the counties. . Thus it will be seen that if an amendment is submitted at a general election at which 25,000 votes are cast but only 10,000 votes cast upon the amendment, 9,000 of which are in favor of it and 1,000 against it, the amendment would be lost, because 40 per cent of all the votes cast at the election were not cast for the amendment. Or, again, if the amendment was popular in 12 of the 26 counties and unpopular in the other 14, 15,000 votes might be cast for it and none against it in the 12 counties, and 3,500 votes for it in the other 14 counties and 6,500 against it, and yet an amendment upon which there might have been 18,500 votes cast for and 6,500 votes against, would be lost. It is only necessary to call attention to such provisions to secure their condemnation.

It is moreover found that the population of the counties lying along the eastern border of New Mexico have increased very rapidly in population in the past decade and will probably increase more rapidly in the future. The apportionment provided in the constitution suggests the denial of adequate representation to the rapidly increasing population of that section for a long time, unless the constitution is made more easy of amendment.

Certain other provisions of the constitution as framed and adopted are very objectionable, and will in their operation be very oppressive to the people of the new State, and it is claimed that they were brought about at the instigation and in the interest of certain large corporations and special interests whom it is claimed exerted large influence in the framing of the proposed constitution. The committee, however, has not thought fit to undertake to correct such objectionable features because it did not feel that it was in the province of Congress to make a constitution for the proposed State.

The substitute resolution suggests an amendment to the proposed constitution of New Mexico, providing that any amendments may be proposed at any regular session by a majority of all the members elected to the legislature, and that the same shall be submitted to the electors for ratification or rejection at the next general election or at a special election, and if ratified by a majority of the electors voting thereon such amendment or amendments shall become a part of the constitution, thus putting it in the power of the people of the new State to amend their constitution if desirable to correct or eliminate any provisions thereof that may be found to be objectionable or oppressive.

The constitution also attempts to secure the original Mexican or Spanish-American population of New Mexico in their equal right of suffrage and in the enjoyment of equal rights of education with other citizens, present and prospective, of the new State. Your committee has not only by its proposed amendment of said Article XIX preserved such rights as are secured in the proposed constitution, but has made sections 1 and 3 of Article VII, on the elective franchise, and sections 8 and 10 of Article XII, on education, more secure against amendment than is provided in said proposed constitution. This was done to make clearer and more certain what seemed to be the unanimous wish of the people of New Mexico.

It will be noted that the amendment suggested in the substitute is not made mandatory, but is to be submitted to the electors for ratification or rejection, as a majority may determine.

It has been represented to the committee, and is no doubt true, that the people of the Territory were so desirous of securing statehood that when the proposed constitution was submitted its merits and demerits were not carefully considered, but, being submitted to them, as it was, as a whole, a large majority, through their great desire to secure statehood, voted for it without regard to what its provisions were. The amendment suggested by the substitute resolution reported by the committee, if adopted, will give the people of the Territory the power and opportunity which they otherwise would not have to change any provision which in their desire for statehood may not have been sufficiently considered when the proposed constitution was ratified.

It will be seen from section 4 of the substitute resolution that provision is made for a separate ballot for the purpose of voting upon such amendment, which is to be printed on paper of a blue tint so as to be readily distinguishable from the white ballots which will be used for the election of officers at the same election, and that these ballots are to be delivered only to the election officers and to be delivered by them to the individual voter when he offers to vote.

These provisions were made because the election is in other respects to be held under and subject to the election laws of New Mexico now in force, which do not provide for a secret ballot and under which ballots are required to be printed on plain white paper 3 inches in width and 8 inches in length or within one-quarter of an inch of that size." (Compiled Laws of New Mexico, 1897, sec. 1634.) And said ballots are to have the names of all candidates for the respective offices printed thereon, and if the suggested amendments were required also to be printed on these ballots, it is obvious that there would not be room for that purpose, and besides, under the present election laws of the Territory the ballots can be distributed indiscriminately among the people some time before the day of election, and in other respects these election laws are lacking in the usual safeguards, while the provisions made by the substitute resolution in reference to the separate constitutional ballots will guarantee the necessary and usual safeguards.

The committee has also provided in said proposed substitute that the enabling act of June 20, 1910, shall be amended by making section 5 of said act so read as to remove the disqualification imposed upon the Spanish-American population of New Mexico who can not read, write, and speak the English language for hoiding State offices, including membership in the legislature of the new State. No just reason is found for such disqualification.

The evidence before the committee was that these SpanishAmerican citizens are eager for education and largely now speak the English language, and strive to advance the teaching of English to their children in all of their public schools, but that this provision of the enabling act is regarded by them as a reflection upon them and their race. They have at all times supported by their votes and the imposition of taxes the developing of the public-school system of New Mexico. They are largely an agricultural people, frugal, industrious, and earnest supporters of every movement intended to advance the progress, prosperity, and civilization of New Mexico.

Again, it was suggested that this disqualification violates the spirit and the letter of the treaty of Guadalupe Hidalgo between the United States and the Republic of Mexico, entered into on the 2d day of February, 1848, by the terms of which the Territories of New Mexico and Arizona were for the most part acquired.

The said treaty above mentioned, after providing in article 8 8 thereof that such citizens of the Republic of Mexico prior to said treaty as manifested their desire to become citizens of the United States by remaining in such ceded territory for a period of one year, proceeds in article 9 thereof as follows:

Mexicans who in the territory aforesaid shall not preserve the character of citizens of the Mexican Republic, conformably with what is stipulated in the preceding article, shall be incorporated into the Union of the United States, and be admitted at the proper time (to be judged of by the Congress of the United States) to the enjoyment of all the rights of citizens of the United States, according to the principles of the Constitution, and in the meantime shall be maintained and protected in the free enjoyment of their liberty and property and secured in the free exercise of their religion without restriction.

It is doubted if the guaranty in Article IX to the previous citizens of the Republic of Mexico to be admitted * * * to the enjoyment of all the rights of citizens of the United States, according to the principles of the Constitution” is properly observed or enforced by said section 5 of the enabling act, when such citizens are denied the right to hold office, as aforesaid, unless they can read, write, and speak the English language. No such language restriction is found in the Constitution of the United States and the committee believes that part of the enabling act containing such provision should be repealed.

The committee has also in its substitute resolution suggested an amendment to the proposed constitution of Arizona providing that the judiciary of the new State shall not be subject to recall from office by popular vote.

This amendment is not made mandatory, but is merely proposed and is to be submitted to the electors for their ratification or rejection at the first general election for State and county officers.

The controlling reason of the committee for proposing this change was the objection of the President of the United States to the recall provision of the Arizona constitution so far as it applies to the judiciary, and the belief on the part of the committee that if the recall as applied to the judiciary was again submitted to the people of Arizona it would meet the objection of the President.

The committee did not provide a separate ballot for voting on the proposed amendment to the Arizona constitution as it did in the case of New Mexico for the reason that Arizona has an effective and modern Australian election law, under which there is no restriction on the size or shape of the ballots, and the election on this amendment will be held under and subject to that election law, except so far as said law requires an educational qualification as a prerequisite to the right to vote. This exception was made in order to protect the SpanishAmerican electors of Arizona in the right to vote on this amendment. VIEWS OF THE MINORITY.

The undersigned favor the immediate admission of New Mexico as a State in the Union.

All that remains to secure this result is for Congress to approve the constitution adopted by the people of New Mexico.

In the last Congress the Committee on Territories unanimously reported and the House of Representatives unanimously passed a resolution approving the constitution formed by the constitutional convention of the Territory of New Mexico and ratified at an election held in that Territory. A similar resolution was introduced by the present chairman of the Committee on Territories in the present House as House joint resolution 14.

We favor the passage of this resolution, so far as it relates to New Mexico, in the language and form as introduced in this Congress by the chairman of the committee and as passed by the House in the last Congress.

There is no good reason why Congress should not approve the constitution of New Mexico in accordance with the provisions of the enabling act. The resolution as reported by the majority of the committee proposes to require the people of New Mexico to vote upon an amendment to their constitution amending article 19 of the New Mexico constitution which relates to future amendments of that constitution. In our opinion there is no occasion for Congress to undertake to influence the action of the people of New Mexico in regard to the provision in the New Mexico constitution concerning amendments to that constitution. The provisions in the New Mexico constitution relating to constitutional amendments are no more strict than those in the constitutions of many of the States or in the Constitution of the United States.

We do not believe it to be the duty of Congress to pass upon the particular provisions in the constitution of a proposed State which is in form the constitution of a republican government, except it be some provision fundamentally destructive of republican institutions and representative government.

We object to the requirement that New Mexico shall be compelled to vote again upon a provision in her constitution merely regulating the method of amending the constitution.

We further object to the delay in the admission of New Mexico as a State which will be caused by requiring a new election to be held as proposed by the majority. New Mexico has complied in every respect with the provisions of the enabling act and has presented for approval a constitution to which Congress ought not to take any exception, and, in our opinion, the Territory of New Mexico is now entitled to immediate admission as a State.

As to Arizona, we agree with the majority of the Committee on Territories that there should be submitted to the qualified voters of

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