THE STRUGGLE FOR EQUALITY 477 



government and morally beyond the reach of popular majorities," 39 and 

 that is at the same time so difficult to amend is out of keeping with the 

 times. So scholarly a man and conservative a thinker as Professor 

 Monroe Smith maintains that 



sooner or later ... it will be generally realized that the first article in any sin- 

 cerely intended progressive program must be the amendment of the amending 

 clause of the Federal Constitution. 40 



In Kentucky, not more than two amendments can be submitted at a time; 

 in Arkansas, Kansas and Montana, not more than three at a time. In New Jer- 

 sey and Pennsylvania, no amendment or amendments can be submitted oftener 

 than once in five years; in Tennessee, not oftener than once in six years, and in 

 Vermont, not oftener than once in ten years. A number of states require a ma- 

 jority of those voting at an election for the adoption of an amendment. In these 

 states, a majority of those voting for and against an amendment does not neces- 

 sarily suffice. 41 No less than forty amendments that have been added to the con- 

 stitution of Michigan would have failed to carry if this requirement had been in 

 force.* 2 In Wyoming, a majority of the qualified electors, whether voting or not 

 is required. In Pennsylvania, an "amendment must be passed by two successive 

 legislatures before it can be voted on by the people, and the legislature meets 

 only on alternate years. ' ' *s The amendment of the constitution of Uliuois is 

 especially difficult. A two thirds vote of each house is necessary to propose an 

 amendment. Not more than one article at a time can be amended, and the same 

 article not oftener than once in four years. Finally, a majority of those voting 

 at an election is required to adopt an amendment. 4 * As a result, many reforms 

 that depend upon amending the constitution are practically at a standstill. The 

 advocates of different amendments block each other. The friends of the initiative 

 and the referendum prevent the reform of the general property tax and vice versa. 

 Each demands the right of way. In the meantime, the reorganization of the 

 judiciary, the short ballot, the abolition of minority representation in the legis- 

 lature and home rule for cities are obliged to wait. 45 One is reminded of the 

 celebrated Lecompton constitution which was nearly foisted upon the people 

 of Kansas. In providing for its own amendment, it declared: "But no altera- 

 tion shall be made to affect the right of property in the ownership of slaves. ' ' 46 



One might suppose that the constitution of New York is particularly diffi- 

 cult to amend, judging from the amount of criticism which the highest court of 

 the state has excited in recent years. This, however, is not the case. The con- 

 stitution has been amended on numerous occasions since its adoption in 1894. 

 New York is suffering from the archaic condition of its judicial mind rather than 

 from the rigidity of its constitution. Professor Walter F. Willcox has noted that 

 the court of appeals, in holding the Workman's Compensation Act unconstitu- 



39 Charles A. Beard, "An Economic Interpretation of the Constitution of 

 the United States," p. 324. 



4 <> Op. cit., p. 673. 



4 i Francis Newton Thorpe, ' ' The Federal and State Constitutions of the 

 United States." 



42 John A. Fairlie, op. cit., p. 149. 



4 3 William Draper Lewis, op. cit., p. 322. 



44 Francis Newton Thorpe, op. cit. 



45 See an interesting series of newspaper articles by Arthur M. Evans, in 

 The Chicago Record-Herald during November and December, 1913. 



46 "Debates of Lincoln and Douglas," op. cit., p. 109. 



