M. W. GRAHAM, University of Texas Members of Editorial Board F. F. BLACHLY, University of Oklahoma No. 4 G. P. WYCKOFF, Tulane University of Louisiana CONTENTS THE LOUISIANA CONSTITUTIONAL CONVENTIONS OF 1913 AND 1921 OKLAHOMA'S DRAMATIC YEAR EUROPE DIVISION OF LATIN-AMERICAN AFFAIRS-Edited by Irvin Stewart PAN-AMERICAN CONFERENCES AND THEIR RESULTS (Concluded) NEWS AND NOTES NEWS AND NOTES Samuel Guy Inman 341 THE SOUTHWESTERN POLITICAL AND SOCIAL SCIENCE ASSOCIATION "Entered as second-class matter January 10, 1921, at the postoffice at Austin, Texas, under the Act of March 3, 1879." Association PRESIDENT E. R. COCKRELL, Fort Worth, Texas FIRST VICE-PRESIDENT SECOND VICE-PRESIDENT THIRD VICE-PRESIDENT SECRETARY AND TREASURER EXECUTIVE COUNCIL PRESIDENT E. R, COCKRELL, Fort Worth, Texas SECRETARY AND TREASURER F. M. STEWART, Austin, Texas ELECTED MEMBERS WALTER PRICHARD, Baton Rouge, Louisiana THE SOUTHWESTERN POLITICAL AND SOCIAL SCIENCE QUARTERLY is supplied to all members of the Southwestern Political and Social Science Association. The subscription price of the QUARTERLY is two dollars a year. Applications for membership, orders for the QUARTERLY and remittances should be addressed to F. M. Stewart, Secretary-Treasurer of the Association, University Station, Austin, Texas. Correspondence with reference to contributions to the QUARTERLY should be addressed to M. W. Graham, Associate Editor, University Station, Austin, Texas. THE SOUTHWESTERN POLITICAL AND SOCIAL SCIENCE QUARTERLY Vol. IV MARCH, 1924 No. 4 The editors disclaim responsibility for views expressed by contributors to THE QUARTERLY THE LOUISIANA CONSTITUTIONAL CONVENTIONS OF 1913 AND 1921 THEODORE G. GRONERT University of Arkansas Louisiana, since its admission to statehood, has had nine constitutions, a number that constitutes a record equalled by few other states for the same period of time. The three constitutions before the Civil War can be explained by noting that the first, that of 1812, was the original constitution; the second, adopted in 1845, represented the attempt of the Jacksonian element to control banks and corporations in general,1 while the convention of 1852 attempted to undo some of the work of the convention of 1845, and offer encouragement to the development of banking, corporations, and internal improvements. Since 1860 Louisiana has had six constitutions, two of which, adopted in 1864 and 1868, were reconstruction constitutions and were important largely because of the effect they had in causing many of the restrictions that were incorporated into later constitutions. 1The Constitution of 1845 provided in Article 122: "No corporate body shall hereafter be created, renewed, or extended with banking or discounting privileges." Article 123 provided that private corporations must be created under general law, and shall in no case be created for a term of more than twenty-five years. Article 124 provided that any charter heretofore granted could be revoked in 1890. The first constitution after the Reconstruction Period, adopted in 1879, reflects the spirit of distrust that the reconstruction governments created in the minds of the people. Legislative action was limited, powers were generally, as far as possible, reserved to the people; and the limitations on the powers of taxation made adequate development of education and public improvements impossible. And the limitations of the constitution of 1879 are reflected in the constitutions of 1898 and 1913, for the two latter were not constitutions in the real sense of the word but only a species of glorified amendment. As the President of the Convention of 1913 stated in his opening address, "The constitution of 1879, Gentlemen of the Convention, has lasted until this day, notwithstanding the fact that a new constitution was adopted in 1898fifteen years ago. I say it has lasted until today for the reason that the constitution of 1898 operated under restricted powers, as is the case with this convention; and it is no secret that the convention of 1898 virtually copied the constitution of 1879, incorporating into it the clauses relating to the qualification upon the suffrage that are found there now and a few more new things."2 The convention of 1913 was somewhat less restricted than that of 1898, although it was called to consider two specific questions-The Funded Debt of Louisiana, and the creation of a Sewerage and Water Board for New Orleans. The fact that legislative authority was so limited that a special convention had to be called to provide for the funding of an old debt that was inconveniently maturing at this time indicates something of the limitations of the constitution of 1898. The convention of 1913, however, was not given any broad power for constructive measures, for although not restricted to the consideration of the two measures mentioned in the authorization voted by the people, its field of action was very definitely limited. The act creating it distinctly denied the convention's right to change existing laws relating 2Journal of the Constitutional Convention, 1913, p. 11. to state boards or commissions, to educational or eleemosynary institutions, to parochial, or municipal corporations, to term of office, duties or compensation of state offices, or the registration of officials.3 4 The convention of 1921, except that it was not permitted to reduce the term of certain state officers, make laws affecting the bonded indebtedness of the state or its subdivisions or change the location of the state capital, was given a free hand. In fact, as the president of the convention expressed it, "The powers delegated to this convention may be said to be almost plenary.' 995 The convention, then, did not labor under the restrictions of the two preceding bodies but could include in its consideration the judiciary, the franchise, taxation, education, conservation, good roads-in fact all the questions "affecting the organic life of the state.' 996 It is significant also that the personnel as well as the power of the 1921 convention differed materially from its predecessors. The act authorizing the convention of 1913 provided for eighty delegates, one to be elected from each of the representative districts of the Parish of New Orleans, and one from each of the remaining parishes of the state." The authorization act for 1921 provided for 146 delegates, 118 to be elected from state representative districts, 16 to be elected, two each from United States congressional districts, and twelve to be appointed by the governor. Of the 80 delegates in the 1898 convention forty-five were lawyers, seven were bankers, four planters, three merchants, three accountants, etc. The 146 delegates in the convention of 1921 included ninety lawyers, eleven planters, six manufacturers, five bankers, two housewives, and one newspaper woman. For the first time in a Louisiana convention women took 3Official Journal Constitution of Louisiana, 1913, p. 4. 4Constitution of Louisiana, 1913. Authorization Act: Sec. 1, Pt. 4. 5Official Journal Louisiana Convention, 1921, p. 12. Ibid., p. 15 (From Governor Parker's address to the Convention). "Journal of Convention, 1913, p. 4. 8Journal of Constitutional Convention, 1921, p. 3. |