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DATE : DUE I /. *'' -W 11. 7 - * ' '^ -Sfe^^Bf-S^^Efa&lH^^fliVv 'vH^H ■ ^ " •iii.oLsi^ __^ k. - - . .-* . ! • — I 1 &t -' ■':^ ■* r-— ..---*-^- - Hb — I|H I ^•J-^B i HLtj / i: t>'. : mi' f TT ' - - ' d f>r i CAT. NO. ) 1 3 >• h 1 '^ I (( ^ THE INITIATIVE REFERENDUM AND RECALL I* fAi P^d NalioMl Municipd U«gu« Serk. CLINTON HO«KKs\vc)onRUKF Citj GoTenmtat by ConaiMion Kdited by Clinton Kook*. \Vot)i.Murr Tfce laitiatire, Rtknudtm, .mI Recdl Ediied by William Hknnett Munro Tke Rcfolatioa of Mnicipal UlUitiet Edited by Clvdk I.vnw.n Kino umo. Cloih, |i V, Hit I>. AI'I'I..'- Nbw Vc.kk WD COMI'ANV I'ONIiUN ! NATIONAL MUNICIPAL LEAGUE SERIES THE INITIATIVE REFERENDUM AND RECALL EDITED BV WILLIAM BENNETT MUNRO NEW YORK AND LONDON D. APPLETON AND COMPANY 1912 CorviioaT, igit, BY D. AJ>rL£TUN AND CUMfANY PuhHuhrtl Junr, nit Printed in the United States of Ameriok mmtk PREFACE This volume represents a substantial mntribution to the further careful and thuUKhtful een taken from the substantial list of papers which have been presented to the National .uniiipat l^af^ 'e dur- ing the last decade of ears Still ofliers, ' tht of Colonel RtK)sevelt and Congressman Mc( I, have l)een selected from the current pcrif*> *M»t the thniiKhtfiil iitlrraitcc* of |Hihlic tiicti of cx|»ricr»«e. whf> apprrciafc the pntblcm awl its cl %ultic» anH Iheir i»\vn rr<»|K»nsil»iliiicH »% lra(lrrtinnl to hear more, rather than le»<«. «)f them W helhcr they are to fjecom'* |iernianent fea- ture> f»f our K<>vernmctital ( fe«kral. >late a"r njerely to affonl the mean<> ()f cor- rettinjf the ahiiHen of the prenent-day o|)eration of representative government, is a qnestion whith i.nly time will «UMirti)ine. This volume is put forth aith the ex|>ettation that it will alforn- ate information and careful, disinterested argument, so that the most may l)e inak the apjireciative thanks of the I'uhhoation I'om- mittec of the National Municipal League (William li. Ilowland, Chairman, New Y«»rk; John Ihhler, New York; Clinton Ko>;i;ers \\'r municipality shall be submitted to the whole body of voters for accept- ance or rejection. By the recall is meant the right of the electors in any state or municipality to end by an adverse vote the term of any elective officer before the >( • V THE INITIATIVE, REFERENDUM AND RECALL I U I i r. t i! expiration of the iwriod for which he was elected. However opinions may dififer concerning the inherent merits and defects of these agencies of popular gov- ernment, or concerning their compatibility with a sound representative system, it is at all events not to be denied that they have gained, during '^ccent years, a remarkable hold upon the confidence oi a large and apparently growing portion of the American electorate. VoT this growth in popularity a twofold reason may be assigned. On the one hand it is a logical by- product of a declining popular trust in the judgment and integrity of elective legislators. The calibre of the representative body, whether in state or city, is not what it used to be, and of liis deterioration public opinion has taken due cognizance. Whatever the reasons therefor, and they are probably too complex to warrant easy generalization, the symptoms of legisla- tive degeneracy have grown too plain to be disre- garded. Resort has accordingly been had to the most ) superficial of prudential measures, which is to take I away from the wicked and slothful servant even that which he hath. For maladministration in a democracy the electorate never regardTilselTTo blame; the demos postulates its own infallibility. Hence it has sought to remedy the evils which seem to result from an unsatis- factory representative personnel, not by the adoption of measures designed to secure an improved grade of j officeholders, but by reducing the final powers which the officeholders may exercise. In other words, the INTRODUCTORY growth in popularity of direct legislation evinces ap public disposition to revoke the trust rather than toll change the trustees. In the second place, the representatives of the people have themselves shown readiness to aid the movement. .\merican legislative bodies do their work under seri- ous handicaps arising from the lack of efficient leadership and from the division of power and responsibility which is inherent in the system under which they are expected to perform their functions. Thoughtful men, alike in the state legislatures and in the large city councils of most American cities, have come to realize that efficient legislation requires both leader^iil^ and Jhe_-£ejittali>zation. of jrespcmsibility; American legislative bodies have possessed neither. In the absence of these features, sinister influences comej into full play upon the floors of legislative chambers.! Representatives find that they can take sides on many questions of policy only by placing themselves in such position that they are bound to antagonize some power- ful organized interest, no matter which side they may take, so that to turn the whole matter over to the issue of a popular ♦•eferendum constitutes for them the line of least resistance. The referendum in particular has thus become the Torres Vedras of the legislator whose first care is for his own political future. The practice of passing bills to enactment "with the referendum attached," has become common in many states during recent years, and measures for which the legislature is not ready to take full i sponsibility are being more 3 THE INITIATIVE. REFERENDUM AND RECALL and more readily turned over to the electorate for acceptance or rejection. At first an exceptional pro- cedure, this practice has shown a tendency to seek rec- ognition as a normal method of lawmaking; the legis- latures have taught the voters to exfiect that thoy shall Jje freely called upon, not only to select representa- tives, but to give a direct decision upon issues of policy. Hence apjjcar the two outstanding reasons for tht recent development of direct legislation in Ameri- can state and municipal government. A declining public confidence in the efBciency and integrity of legis- lators, and a readiness on the part of rqiresentatives to place upon the shoulders of the voters a responsi- bility which ought properly to remain upon their own ; these two tendencies have combined to give direct I legislation its growing vogue. Notwithstanding a current impression to the con- trary, direct legislation is not new either in principle or in practice. The initiative and the referendum are new names for very old institutions. All ancient democracy was direct democracy; and so far as there was legislation in early democracies, it was direct legis- lation. The government of the primitive Saxons, if it may be called a government, was vested in the hands of a popular assembly, composed of all the adult tribes- men, and this assembly exercised directly, without the interposition of any representative body, the whole civil and military authority. In Switzerland, where alone among the lands of Europe the great centripetal influence of monarchical absolution did not make itself INTRODUCTORY Strongly felt through the Middle Ages, systems of direct popular government came early inl.) existence and remained until modern times. I^ven in America the initiative and the referendum ari' among the oldest of native institutions: they may properly be called indigenous, for these agencies of jxjpular government were not hor wed hy the American people fvon; any- where outside their own land. They were brought into being upcm this side of the Atlantic to meet the special problems .voich a new government had to face. Mas- sachusetts submitted her first constitution to a popular referendum in 1778, and again, this time with a favor- able response, in '.he lollowing year. As a means of ascertaining the will of the voters upon constitutional ([uestions, the expedient quickly found favor in other states, and the use of the referendum as the ordinary method of enacting organic laws in time became gen- eral.* TIx initiative, likewise, obtained recognition in principle, at any rate, when the first constitution of Georgia in 1777 gave to the people the exclusive right of proposing changes in that document. Other eight- eenth-ce itury constitutions, notably those of Massa- chusetts, Pennsylvania and New Hampshire, reserved to the people, not the right to initiate legislation, but what amounted to ' least a per.iissive initiative — the > Not yet entirely sc, however, for during the last twenty years four state constitutions have gone into force without popular approv- al namely, those of South Carolina (1895). Delaware (1897), Louisiana (1898) pnd Virginia (1902). S THE INITIATIVE, REFERENDUM AND RECALL Ffl right " to give instructions to their representatives " in the legislatun The use of the referenchim in the process of )rtli- nary, as distinguished from constitutional lawmaking, began in Xmerica a half-century later. The legislature of Maryland, in 1825, referred to the i)eople of that state the question of establishing free primary schools, and stipulated that the law should go into effect only in such counties as might pronounce i'.i the aftirmative. Other state legislatures followed the same procedure in cases where the issue did not seem to be readily determinable otherwise, and in due course provisions began to be inserted in state constitutions requiring that all ordinary laws affecting certain matters sho'ild be submitted, before final enactment, to the i)eople of the entire state or the voters of the counties or munici- palities affected. Typical examples of matters upon which some constitutions have made the referendum an essential preliminary to enactment are changes in the suffrage laws, alterations in the state boundaries, changes in the location of the state capital or of the various state institutions, measures pledging the credit of the state or giving state aid to private enterprises, and modifications in the laws relating to state taxa- tion. But the practice of referring matters to a popular referendum has made its most steady progress in the realm of local government. The wide variety of interests which often appeared to be affected by general legislative measures relating to local administration. 6 INTRODUClORY ami the seeniinp impossibility of providing state-wide rules which would serve the needs and desires of all the municipalities, large and sni.ill, soon led the state legislatures to the practice of entrusting such matters to the decision of the localities themselves. The regu- lation or prohibition of the traffic of intoxicants was j)erhaps the most prominent of the matters within this category, and it is a (piestion ui)on which there have I)eeij more popular referenda in American municipali- ties than can easily be counted. Indeed it has come to pass that, in some .ates of the Union, the cities and towns look uixni the privilege of deciding this cpiestion at an animal referendum as a sort of inalienable rij,ht of the community. So, likewise, such matters as the adoption of a new city charter, or the adoption of amendments to an existing charter, the alteration of municipal boundaries, the issue of municipal bonds, and the granting of long-term franchises to public service corporations, are all matters upon which the voters of cities and towns have frequently been called upon to pass judgment at the polls. Sometimes the constitution of the state requires submission of such matters; at other times the requirement is statutory only; and in still other instances the referendum is ordered by the authorities of the municipality itself. To the practice o^ submitting matters to the voters of a municipality, or to any portion of the whole body of state voters, there is no serious constitutional objection. But the state-wide referendum, that is to say, the sub- mission by the leg't,!ature of a measure to the voters 7 TIIF INITIATIVf-. KF.FRRENDUM AND RECALL of the entire state for final atluptiun or rejection by them, meets the object ion that snch reference consti- tutes a delegation of legislative ixiwer. And in the absence of s|)ecific constitntional |)erniission, such dele- gation has usually U-en held by the C(»urts to Ik- iilint z-ircs <»f the legislature. It has been urned als.i that states which adopt the mandatory initiative and refer- eiuluni thereby contra v( ,v that pr<»vision of the L'nited States constitution which miarantccs to every state in the Union "a .epublican form of goverumeiU." lUit this idea has not as yet fouud supixjrt in any judicial decision. While the two ajjencies of direct legislation — tlie initiative and the referendum — are logically related and supplement each other, tlie latter can exist and serve many of its professed ends without the former. And as a matter of fact the referendum moved along during the greater part of the nineteenth century uuder its own steam. The principle of the initiative, which is that a stated i)ercentage of the voters of a state or municipality shall have the right to propose a measure and to require that such measure be submitted to the l>eople for their adojnion, was given recognition at a very early date in American political history. But its progress for a full century w as slow, much slower than that of the referendum. Where it did appear in the constitution or the laws, it was rarely brought into operation unless it happened to be the only way in which legislation relating to certain matters could be brought forward. Not infretiuently the initiative did 8 INTRODUCTORY provide tliv only way. When, for example, a state con- stitution iiiliihited the lefjislaturc from enacting^ sny s|»t'cial Icj^islation for individual cities, how could the siK-cial needs of a particular city Ijc provided for? The natural way is, of course, to let the citizens of a particu- lar niunici|«ility set forth their own tlemands by a |)eti- tion, which is, in other words, to exercise the initiative in legislation. Constitutional provisions which forbid the legislature from enacting laws of this, that, or the other sort, have Iktouic steadily more numerous during the last (|uartcr of a century, and their increase in num- ber has j^iven a powerful imi^etus to the spread of direct logislati(ni. South Dakota was the first state to adopt the initiative and refercnrtant details. In all «)f ilu-m the refiniuluin is ol»Iij;atory as a mctlxHl of ailoptiujf coii>titutional aineiuliuents, hut in two (»f them. Motitana anci Maine, fonstitutional anuiKlnuMits are exihule«l from the sonie of the initiative: that is to say. the voters of these two states are allowed to pass n|H»n all |>r(»|M)sctl chajiges in the organic laws, hut arc not |H'rmitte»l to do the pro- jMisinj;. In the matter of ordinary laws, moreover, there are various limitations u\h>\\ the sco|)e of (Urect Uj^'islation. A common proviso is that which excludes from the ojn-ratiotis ot the initiative ami referendum all measures which carry appropriations for the curretit exjK'nses of state government, or for the maintenance of state institutions. The constitutions of Maine. Mis- souri, Montana and South Dakota contain this restric- tion. Another limitation, which exists in practically all the states which have adopted the initiative and referendum, is that which exempts from their scoi)e all emergency measures, that is. laws which seem urgently necessary in the interest of the puhlic peace or for the preservation of the puhlic health. As a pre- caution a>;ainst the ahuse of tliis rijj^ht of the legisla- ture to act freely and finally in emergencies, it is usually provided that measures passed under this pro- viso must have ohtained a two-thirds majority in each hranch of the legislature. But lest this safeguard should not prove ade(iuate. the constitutional provisions in some cases go further and expressly declare that certain classes of measures may not in any case be 10 INTRODUCTORY (Icrtnivl » iiuTj.^ency law*. Anionjj measures m enumer- ated, arc statutes grant iii^ franchises for a li»nj»er term than a single year. leKislatiun authorizing the purchase or sale t)f lamls, a»nl laws changing the charters uf innniciiwlities withotit a Imal referendum. In the njachinery of direct legislation there are alvj siune marked variations. The percentage «)f voters re(|uired for putting the initiative into o|)eratiofi is eight iier cent, in sotne states and five per cent, in others.' Oklahoma recjuires fifteen per cent, 'n the case of constitutional amendments, hut only eight jK-r cent, in the case of ordinary statutes, (knerally siR'ak- ing, the same c|uota of voters may demand a refcn-n- dum ui»on any measure passero and con shall, under suitable limi- tations, be published and sent broadcast at the cost of the state exchequer. In South Dakota referetida may take place only at a regular election, but in the other > In Maiae the rcquircmciu is »ot a percentage but 12,000 voters. II THK INITIATIVK. RF.rKRENDUM AND RECALL Matcn HjKroial elections may \» «»i(lcrftl. Ordinarily a nu'aHuri' may Ih" ri-Hul>mitfe«l as often a* the re<|uiree aK'ain referred tu them within three years, save on jwtition of twenty-five ilature. Measures may l)e initiatepular petition, and when so originated, go to the voters at the jjolls. Hut acceptance at the jKills does not. as in the other states, enact the measures into law. The j.ction tif the voters is merely advisory in effect, and ojK'rates as an instruction to the legislature, which alone retains the fM»wer of actual enactment. The laws of Texas, again, provide for initiative and refer- cmium as agencies for framing jiarty ixjlicy. A speci- fied iuimlH.'r of voters (ten |xt cent.) in any |)olitical imrty may propose planks for the jwrty platform and may secure a pir^y vole thereon. Tf? opinion of the party adherents, as thus expressed, l)ecomes an instruc- tion to all party conventions, committees and officials. I5ut, as has been already stated, the greatest develop- ment of direct legislation has taken place in the field of nuniicipal government. Here it has gone hand in ' ^*.»»fT, '^ INTRontCTORV hanr! with tht m»>vemrnt f»»r simptifyitif; miinici|ial niachitirry and for (UiMin|( fKirty orK>»H/:tti'>nH front that (litniinating place in iiy Koverimiciit which they have Innj; maintainnl. The spreatl of the colnlni'«^io^ type of municiiKil administration han ^ivcn the initia- tive and referemlum much of their presciit-«lay vojjur in new city charterji. To tic more accurate, one should «ay that each movement ha.i siipplcmentefl and hii|ied the other. A syst^'m of city jfovernme«' ''v a single conimi»«ion of five men woiiKl doubtle«« * apjieared to possess great possibilities of d. . and would hardly have reached its present de^, e of ]M*pulai ity had not the sfKmsors of the plan put f«»r\vard schemes of direct legislation as a means of replacing the old checks and kilanccs which the adoption of tin* commission system eliminates. It is true that the cities which first adopted the commission plan, (lalveston, Houston and other Texan mtmicipalitics, did not give the i'itiative, the referendum, or even the recall a place m their new charters. They placed their full faith and credit in the representative tyjic of local democracy. That is one reason why northern cities first looked askance at the Texas ex|)erimctit. The Dcs Moines plan, which is the Texas system plus pro- visions for direct legislation and non-partisan nomina- tions, appealed more readily to public confidence. Government by commission has secured adoption in t)ver two hundred American cities Of this numl>er the great majority (that is to sa} . ii ic^. • -'1 except some of the cities of Texas) have iioK^or.jjrH [■^ their 13 Tin- INITIATIVE, REFKREXDUM AND RECALL new comniissioii charters some sort of provision for the initiative or referemUtin. As J!! the state constitutions, the city charter pro- visions relatin.i; to direct lej^ishitioii are alike in prin- ciple and varying as to details. SiH-akinj; broadly, the voters of the city have the right, hy presenting peti- tions hearing a prescribed number of signatures, to propose any municii)al ordinance or other local meas- ure. The percentage of signatures re(iuired is. of course, higher than that demanded in state affairs: it ranges from fifteen to twenty-five per cent.* Such proposals go before the whole city electorate at the next regular polling, provided the date of such polling be not mere than a few months away; otherwise special elections may be held. Similarly the charters usually provide that no ordinance or order of tlie municipal < ouncil (or commission) shall go into force for a certain numl)er of days, during wiiich interval petitions asking that the ordinance be referred to the voters may be presented. If such petitions bear the rc(|uircd number of signatures, the ordinance can go into effect only on acceptance at the polls; if valid peti- tions be not presented within the interval, the ordinance goes into effect. Both in state and city governments the machinery of direct legislation has been frequently set in motion during the last half-dozen years. In Oregon the sys- ' A table showing the exact percentages in all commission-gov- erned cities may be found in E. S. Bradford's "Commission Govern- ment in American Cities" (New York, 1911), 223-233. 14 'UiflP , ■JMl 'WWPB' IN'TRODUCTORY teni has been put to ati extensive and increasing use at every state election since its incorporation in tlie constitution ten years as:o. At the election of 1910 no fewer than thirty-two projects of le},Mslation were suh- luitted to the voters (jf the state,' and Jhere are indy which can do no harm can, by the same token, do little good, and public opinion will not be long in discovering the fact. Constitutional hampers upon legislative discretion have availed, for the most part, only to Icnver the calibre of men elected to lawmaking bodies. Following abortive attempts to .secure any marked improvement in the quality of legislation by refluring legislatures to the plane of ordinance-making bodies and by giving the real legislative power to periodic o);,stituiional conventions, there have been efforts, rather half-hearted, however, to improve the methods under which representatives are selected. The direct >9 TilK INITIATIVE, REFERENDUM AND RECALL primary laws adopted in a dozen or more of the states and applied to scores of cities durinjr tlie last few years, the removal of party desij^rn..,ti.,iis from the bal- lot, preferential votinjij. corrupt practices laws, the re- (luction of the municipal council in size and the increase of its powers— all these are measures which aim directly at securiuj; better representatives, and which, if j^'iven adcipiate opiwrtunity. will almost cer- tainly accfmiplish nuich in that direction. The recent exix'rience of states and municipalities seems to war- rant the hoi)e that most of the existing [xilitical ail- ments can be eradicated by si)ecific remedies directed straij(ht against the local seat of trouble. But this process takes time and re(|uires a patience which public opinion does not seem ready to exercise. The direct legislation propaganda is an evidence of popular impa- tience with the slow, but reasonably sure working of specific reforms. The first argument in favor of direct legislation rests, accordingly. uiH)n the allegation that existing legislative methods and results are unsatisfactory to the majority of the electorate; that representatives do not properly represent; and that the reforms under- taken hitherto have not changed and arc not likely to change that situation. But the sponsors of the initia- tive and referendum do not rest their whole case, or even a large part of it. uiK)n this ixiint. They claim for their proposals many jwsitive merits which do not connect themselves directly with the faults of the exist- ing representative system. Emphasis is laid, for ex- 20 ^tttST^r. ' INTRODUCTORY ample, u\Kin the educative value of direct lejj^islation. Hy means of the initiative, a spirit of legislative enterprise is promoted amonjj the voters; men are encouraged to formulate iK)litical ideas of their own and to press these ujxmi puhlic attention with the assur- ance that they shall have a fair hearing. If public welfare often suffers from puhlic ajKithy; if the mass of the voters manifest little interest in the contents i>f the statute-lx)(ik, this is due in large measure, it is claimed, to the feeling of electoral helplessness which in some states amounts to a iKjpular conviction. In California, during the decade preceding the adoption of the direct legislation amendments to the constitu- tion, it would he a gross perversion of obvious facts to allege that the voters of the state got what they wanted in the way of legislation. They obtained, for the most part, what a great and influential railroad corporation was willing that they should have. In a state like Pennsylvania, or in a city like Chicago, at the present moment it would l)e idle to argue that the statute- book represents the embodiment of jjopular ideas in legislation. The voters of that state and that city have endeavored on many occasions to crystallize their wishes into legislative action ; they have demonstrated that on many matters public sentiment is pronounced and readily ascertainable by legislators ; yet they have almost invariably found legislation unresixinsive. To be really representative, a government must be re- sponsive to public opinion, and to be responsive, it must have the machinerv of close contact. Between 21 mam THE INITIATIVE. RKFKRENDUM AND RECALL cvcn a strong iMipnlar sentinuMit and the passiijje of a nu-asiirc to cnartnu-nt. tliore is, under what is itrnicd rtprewntativf j^'ovcrnment in many states and cities of the l^nion, a long and diiVuuIt route, well st.ewn witii pitfalls. The growth in vigor of iK.pular icjens upon matters of state or civic iM>licy \> stunte«l I)v the mere knowledge that this is so. Men develop ideas only when there is at least a lighting chance th.it these ideas may Ik« lK)rne to fruition, and the electorate is no more than the individual writ large. Political thought and discussion can lie In'st stinuilatetl, it is suggested, hy popular knowledge that these lead straight to action. The way to get voters interestetl in measures is to ask ft)r their opinion uikju measures, not for their opinion ui)on men. The way to educate the voter u\H)n matters of public iw.Iicy is to submit measures to him in jH-rson and not to some o?ie who holds his |)roxy. The educative value of the ordinary ballot has long since been demonstrated; and the friends of direct legislation now urge that this be en- hanced by making the ballot a more elaborate iwlitical catechism. John Stuart Mill once remarked that the " magic of proi)erty turns sand into gold." It may be that thejmagk: of responsibility can turn popular list- lessness into public enthusiasm. At any rate the system of direct legislation freely i)romises. through its advo- cates, to make the voter realize that he is a sovereign in fact as well as in name and to increase his serious interest in public affairs by giving him something more to decide than the party label of officeholders, 33 '3^- ',df^y-^ 'asmsf^^^'-'m\z^ INTRODUCTORY In keepiti}^ with this rmphasiH ujH)n the cchuativr vahie of the initiative uiid refercn(hun is the provision made hy most of the states ami numicipaUties which ha\< ail'ipte«l thesi- f»atnrt's. for thstrihution. either in whole -ir in i)art, at ptihhi- e\|)ense, of printe«l informa- tion Ifearin^ upon the (htTerent (jnestions whicli j^o upon the hall«)t. Tiiesc pamj)hlets. which are usually in the forni of a symposium presenting the arjjuments ailvanced hy the projxnu'nts and op|H)sers of each proposition to he voted upon, are mailed t(» every citi- zen whose name is on the voters' list. He is ex|)cctec! t(» read his pamphlet In* fore he j;oes to the jkjIIs and to form his own jtul^tnent as to the merits of each proposal. In ad; resolutions of .ichice to their own mein[)ers, and even issuing literature tellinj^ tiie voters which (juestions upon the lialltit ought, in the opinion of these organizations, to he answered in the atVirma- tive and which in the negative. Through all these various chamiels information concerning mooted meas- ures is literally forced upon the attention of voters. It may he urged that, despite it all. a great many voters will remain uninformefl and. through their lack of in- formation, will register unwise decisions at the polls., Yet it w ill scarcely be denied that the mass of the elec- torate is apt to he better informed upon public ques- tions when all this literature is cast amongst it thanl when it is confronted merely w ith candidates and given -' ^ y.¥^^. ;• ^-^'^..^fw^^^si^s: ■^•'^^srsFr THE INITIATIVE. REFERENDUM AND RECALL only such printed matter an Iwars on the <|viatilicationH cjf thcHc nu'n. I'here oiinht to l»c no (|«m!)t in the miiuls (of those who have watiheW the workings «»f direct U'Kislatiot) (hirin^f the past few years, that this sys- tenj does promote |>opiilar diseiissitms of puldic meas- ures. And all suih le. The hasis. indeetl. of the Xew ICnjjlaud town system of government *s the principle that even matters of very minor im|)ortance shall be decided by referenda to the citizens, and takiuj; the history of New Ivngland towns as a whole, it does not apinrar that the voters have shown themselves less capable in determining these things than a body of representatives would have been. Most of those towns are small, it is true, but (Jthers. like Brookline, Mass.. are, in \)o'\ut of p«)pula- tion, larger than half the so-termed " cities " of the United States, and it does not api)ear that town gov- ernment in any way loses its satisfactoriness as the towtis grow in ,)opulatii)n. Among the objections urged against the system of direct legislation three or foe stand out most promi- INTRODUCTORY ucntly. One is the alkjjation that it run* contrary to the priiiciple «>f representative giiverntiH'nt ; that it* a»lo|)ti(»n will deprive representatives of jjower and reH|H»nsihihty, an«l that the cahhre of men in legislative utVice will deteriorate in conse«|uence. This is an ol>- jection which cannot ite lightly brushed aside, for t le institutional history of this comitry (hiring; the last fifty years is fnll of things which tend to afford it snp|Mirt. hideed, if there Ik." any principle which American jntlitical exi)ericnce seems to establish, it i« the laie stateil in a prece«ling paragraph, namely, that the snrcst way to inifKiir the |)ersonncl of any rei)resentative ImmIv is to reduce its |)owers. The ex- pansion of constilntional limitations, with the consc- <|itcnt narrowing of legislative authority, has unques- tionably o|K'ratef tity councils in most American cities, niitil in the end the municipal legislature in cities like New York ha» ceased to l»e a c«M»rn the claims of rival cantlidates. That, how- ever, is least among the failings of representative democracy. Its shortcomings arise rather frf)m a fail- ure of the voters to exercise adequate care in ascer- AT INTKODl'LTORV t:ilnJt»K the qiialiruatjum of iIiomc who wck .>ftuT .hhI fiom a iji-mral ;irly laU-l in sn|)|N>st'«| to tarry. It may well \w ilunhtnl wlutlur an ilpcto- ratc which caniint Ik- hron^r|,| t,, ,|iscriiiiiiiatf with cart as ainonj,' caiKliilatrn can Ik* easily l»roii>;ht to exercise nuuh flisi-riniinatioi) as ainon|r nieaHures. 'I'hc voters like to asMH-late iHiblic poiiue* wiUi fH-rnouaUties. and anyihing that teiuls to weaken the prominence of the latter i^ not inilikely to react in a lessened interest l^'W;f jn.pnlar representation and conse.niently to result in a |MH)rer cpiality of repre- sentative legislation, there seems to Ik- no j^ettin^ away. I'olitiral experience snp|)orts it too stronj^ly to have Kfonnd for nuuh ho|R' that the result would Ik* otherwise. But it is iirjfed that the direct njerits of the new system, in the way ..f jK.sitive legislation, far out- weij«:h this <.l)jection. even thoujrh it Ik* given all the emphasis that may Ik- put \\\»m it. The realjest of lej^'islation in a tlemcKrracy is its ix.pularTty. It matters not how iKitiently and carefully a statute may !jc framed hy le.^ishtors; if it Ik.- not in spirit what a majority of the voters desire, it is not a goou the electorate the necessity of winnowing a few grains of wheat from the chaff which will be set before them at every election. And it is true that in those cities which have already adopted the initiative the new process of starting measures upon their march to a place ujjon the municipal stat- ute-book has not been used veiy sparingly. Every element in the community has its own particular legis- lative privilege in (piest and is apt to overestimate the imiK)rtance of such claims from the standixiini of the general interest. The gathering of signatures has ac- cordingly the momentum of an interested propaganda behind it. and if the percentage of necessary signa- tures be not set fairly high, the initiative is in danger of becoming a facile agency of hobby-riding at the expense and inconvenience of the public. It ought to be said, however, that the collection of any large number of signatures, under the restrictions commonly imjxjsed by the direct legislation laws, is not such a simple and inexpensive undertaking as many imaj,ine. If the proposal directly concerns the interests of any orgaiiized element of the community — the labor unions, the great business corporations, a political ma- chine, or a religious body — the required signatures for an effective petition are not ordinarily difficult to se- cure. These bodies have the machinery for name gathering at hand. But v^ere the proposal directly?, touches the privileges and pockets of none of these, ! but merely the welfare of the everyday citizen whov; has no particular organization to champion his inter- { 29 m^-^^^'iP^^^^i L^Ji ,Jki TIIK INITIATIVE, REFERENDUM AN ) RECALL ests, the quest for initiative signatures is likely to make liiavier deniands. in the way both of tinie and ui tnoney. than can i>e met without cooperation. IJie promotion of hiws in the interest of the unaftiliated citizen is likely to become nobody's business. An interesting sideHght has been thrown upon this matter by the working of those provisions relating to nomination by petition which are coiUained in the present Boston charter. Candidates for election to the city council must be placed in noininatiou by peti- tions bearing the names of at least five thou.sand quali- fied voters — less than five per cent, of the total electo- rate. It was predicted, when the adoption of this charter provision was under discussion, that the re- (|uirement was too lenient and that it would be too ea.sy for a man to get his name upon the ballot. Sub- \sequent events have proved that where candidates have jthe support of a political machine the requirement is easily complied with. A nomination i)aper, passed around among city employees, can \ye filled in a day or two. Similarly it has been found that aspirants I who are willing to hire workers can secure the required names at five or ten cents per head. But when a can- didate is able to command neither the backing of a political organization nor the funds necessary to pay for signatures, the prospect set before him is sufficient to deter all except the political beachcomber who has nothing else to do. It is urged that the initiative will transfer to the unorganized and independent elements of the elector- 30 .I_»t.'_ . INTRODUCTORY ate the advantages now held almost everywhere by organized interests, both economic and political. But does American political experience warrant the hoj^e that it will do anything of the kind? It is true that in the first flush of their newly-gained prerogatives the independent, unorganized electors, in some states and cities where direct legislation has been a while in vogue, have pounded through legislation hostile to the special interests. But these spasms of popular inde- pendence have not been uncommon under the repre- sentative system of lawmaking, neither have they been wholly ineffective. T he tr ouble with unorganized ac- tion lies in the fact that it is inevitably spasmodic and intermittent. The sponsors of the mandatory initia-, tive have asked us to believe that, by rendering its course of action more direct, an unorganized majority actuatec unselfish motives can permanently thwart the will >. a well-organized minority of the electorate acting with all the zeal and resources that self-seeking aims can supply. If our municipal history teaches us anything, it is that changes in the framework of gov- ernment, in the electoral system, and in the methods of ordinance-making do not alone suffice to block the pathway of any measure which can command organ- ized support and ample funds. Objections of an allied sort are often raised against the referendum as an agency of lawmaking. The political history of Switzerland, where the popular referendum has long been in operation under circum- stances favorable to its success, shows that the people 31 '"^ Il "'\t r iiMiJiiii THE INITIATIVE. REFERENDUM AND RECALL ! i ! t 1 / in general grow tired of their legislative duties after I the novelty of their experience has worn ofif, and that ' a decision which passes for the will of a majority of the voters often represents in reality the judgment of that minority among them which hapixns to Ije im 1 mediately interested in the (juestion. In Berne, for exami)le, a majority of the registered voters have recorded themselves on only nine out of sixty-eight questions submitted, and in only a very few instances has any question received an affirmative vote equal to a majority of the registered voters. ICven in the case of national referenda scarcely more than one-half of all the registered electors pass upon the questions submitted to them at the polls. The more one studies the statistics of Swiss referenda, the more strongly is I one forced to the conclusion that decisions which are popular in name are not necessarily popular in fact. In Switzerland, as in all other democracies, the laws represent the will, not of the whole electorate, but of that part of it which, impelled either by public or pri- vate motives, takes an active interest in affairs of state. In one of the cantons a serious attempt was made, some years ago, to ameliorate the force of this objec- tion to the referendum by imposing a fine upon every voter who failed to appear at the polls. The polled vote increased as a result ; but the real aim of the law was not achieved, for many of the voters who came to the polls under the spur of this compulsion rendered perfunctory conformance by dropping blank ballots into the box. 33 I V INTRODUCTORY In America the showing ujwn this point has been somewhat better. From 1780 to 191 1 the voters of Massachusetts passed upon sixty questions, of which they answered forty-one in the affirmative. .Ml w "e submitted at regular elections. In only a few cases has the total vote on these referenda approached the entire vote polled for candidates, and in ten cases the number of votes recorded upon the measure was less than one-fifth of the total vote cast. In Boston, dur- ing the last twenty years, there have been thirty-three (|Ucstions of local interest submitted to the voters. Twenty of these (one each year) dealt with the (|ucs- tion of licjuor licenses. On these referenda the aver- age vote was 63.3 per cent, of the entire registered vote, an excellent record as indicative of interest in this question. On the other questions the average was only 59.3 per cent. It is interesting to nou^e, moreover, that the largest percentage was recorded ui«)n questions which prominently involved some spe- cial interest. The request of a street railway cori)ora- tion to put its tracks upon a certain street, the demand of city laborers for fewer hours of labor, the attempt of certain sections of the city to eliminate the liquor trade from their neighborhood — these were the issues which got the most attention, and they are all matters affecting organized interests and not things that touched the position or the purse of the whole body of citizens. On the other hand, matters which did vitally affect the interests of every citizen in the community — such as the question of adopting what virtually con- 33 ri.iiiliia^'j-iiyiiiM V i ] THE IMTiAllVE, REFERENDUM AND RECALL stitutcd a new charter f(»r Boston — elicited a much less comprehensive expression of opini o <»n.' It is to he l«)rne in mind, moreover, that our use f the rei'ereiidnm in the liiited StatCN has heen, up to the present lime, under favorahle conditions. Ques- tions have I)een submitted. f(.r the most part, at the rej;ular elections wiien most voters come to the |)o||s anyway. .\s a rule, moreover, only a few fptestions have hitherto been put upon the i>allot at any one time. lUit the use of the referendum on a scale so broad as is fre(|uently proposed would ^.^reatly enhance the difificulty of getting a reliable expression of the public will. The submission of questions at special elections held for the puriKJse, particularly if these special elections should be held frecpiently, would cer- tainly mitigate against the polling of a large vote. It may well be doubted, in the light of such experience as we have had. whether more than fifty per cent, of the registered voters would, on the average, appear at these special elections. \\'e should have, in such event, Igovernment by half the people for the whole people, 'which is scarcely our orthodox definition of democ- racy. The submission of many questions, moreover, means inevitably that none will get very much scrutiny or study. The average voter gives just about so much time and thought to political questions on the eve of •For further details sec the paper by Dr. E. M. Hartwell on "Referenda in Massachusetts" in Proceedings of the National Mu- nicipal League, 1909, 334-353- 34 INTRODUCTORY ail election. If thirty <|uestions be suhmittcd to him instead of three, they are hkely to have, in sum, no more of his thoujjht or consideration. Two or three (liiestions he may and s<»n; times does inquire about and form his own opinion uiK)n. But for guidance upon a score or more of matters, if these are to come upon his ballot, he will \)c inclined to take the advice of some party, orjfanization or interest with which he may be aft'iliated. In those western states and cities where, under newly adopted systems of direct legisla- tion the l)allot has been loaded with dozens of ques- tions often of minor importance, that is exactly what has happened. The real voting is done, not by the voter, but by the political committee, the taxpayers' league, the labor union, or some other organization whose advice on political matters he regards as coin- cident with bis own interest and whose printed pam- phlet of instructions he takes with him to the polls. In one western city the politicians provided their fol- lowers with a sheet of limp cardboard the exact size of the ballot. Holes had been cut in this at appro- priate places ; the voter was instructed to lay the card- board on his ballot, and, by marking his cross in each hole, he voted on all the referenda just as the poli- ticians desired him to vote. Those who hope, there- fore, that the system of direct legislation will cause every voter to inform himself concerning the merits of each proposed measure, or that it will break the power of political machines by making the voters do something which the politicians cannot influence theml 3S J i '■ ii If THE IMTIATIVK. REFERENDUM AND RECALL in doinj,'. have as usi-nl underestimated the iiijfcnuity of the latter. It may Iw snjjKested, moreover, that not only floes the referenchim fail in many cases to arouse that de- gree of puhlic interest and discussion which is neces- sary to a lar^e vote, hu. that large numbers of tlu)se who do vote upon suhmitted measures arc guided by nothing more substantial than prejudice or caprice. It is well known to |K)liticians. for example, that other P things l)cing e<|ual. the affirmative side of any ques- tion on the ballot has a great advantage. Only a few months ago there was a local illustration of this fea- ture in electoral psychology when the opponents of a projiosal which went Ijefore the voters of a Massachu- setts city had the question so framed that they would get that advantage of being in the affirmative.' The affirmative seems, in fact, to have a bonus equivalent to that of the candidate whose name comes first on the ballot. Just how great such advantages are, can- not be determined by any safe method of computation ; b .t if one accepts the opinions of active political workers, they are sufficient in many cases to turn the scale. Other electoral tendencies, more or less capricious, are disclosed by a study of the action of the electorate upon questions that have been submitted to them. It « As originally drawn the question was as to whether a certain public undertaking should be defrayed by the issue of bonds "out- side the city's debt limit." The wording was changed to "within the city's debt limit." 36 n vnpnti--^"* INTRODUCTORY is clear, for t-xample. that the average voter carries with him into the pollini^ booth a considerable preju- dice against corporate interests, anil is prone to record his voice against anything that Uxjks like a concession to them. When city charters provide, therefore, that no franchise extensions or other rights may Iw granted to public service ccjrixjrations exccjU with the ai)proval of a majority of the voters at the i)olls, a serious obsta-^ cle is placed in the way of granting such privileges.! however nuich it may Ik? in the city's interest to do so. The cry against privilege in any of its forms is easy to raise, and when raisero|K.sf(l |.,.'ms to the voters would afFord a' salutary check. .As such it has proved, however, of little or no service. ^ )n the contrary, it has rathern favored undue lx>rrowing by reducing the council's sense of resp<.nsil)ility for its share in the matter. 1 Other lines along which the electorate is apt. as e.Nperieuce shows, to be guided by its prejudices or partialities might be indicated; but enough has been said to suggest that the expressed wish of the people does not necessarily represent their deliberate judg- ment. When voters arc called upf)n with frequency and are asked to express themselves ujkju all sorts of matters the consideration which they give to each question must be of the most superficial sort ami, being sui)erficial. erratic. PijbJic sentiment is proverbially Tickle as to men ; it is not likely to be any less so as to •yeasurg^. A s men have gone into high office on the crest of a wave and have Ix-en dropped out on its subsidence, so measures and policies of all sorts catch the popul.or f.^ncy for one season and are discarded 39 y^-v ■'^'^^V^-Jfi: i , Tirn INITIATIVE. REI-ERFNIDUM AND RECALL the iitxt It is scarcely t.» Ik* rxjH'ctc.l that an in- crcasf*! |.atlici|»aiu.ii of tin- electorate in the n.irmal Wt.rk ttf lawmaking will give puhlic seiitimeni any greater siahility; on tlir contrary, the st.»tuu-lH«»k Would in all prohabijity reflect to an even greater ex- tent than now the Heeling i)pinions of jjeople whose iKilitical ideals aie mI.Ioiu very firmly anchored. All this is reinfoned by flu- fact that the voters, upon «|mstions >et before thetii. must reconi categorical an- swers. They must either accept or reject a submitted uieasure. There is no riMtni for conipron 'v •. \'et /comprt.mise has jilayed a lar^je part in the making; of (laws under the representative system. Without it profrressi\e lej^islation would often have proved im- jMJssible. To a>k voters fur an uii.|ualilien that account. It may k- sug- gested, moreover, that constitiiti.mal limitations de- signed to Kuard private rights have in America often «)verreached themselves and h\ so doing |,,-,vi. „ffsct inneh of the merit they |...ssess. The provision which forhids the y/> CliAnKK II O' NATIONAI.I.SM .\Nr> I'OPl'LAR RULE* In Mr. ncrl)crt Croly's " Promise of American Life."= the most imifonnd and illnminatinRf study of our national conditions which has apf)earcd for many years, especial emphasis is laid on the assertion that the whole point of our K'>^ no real significance, frojn the statnlpoint of humanity at large, unless it means the rule of the people, and the achievement of a greater measure of widely dififused po|)ular well-being than has ever before obtained on a like scale. I'nless this is in very truth a govermnent of. by. and for the people, then both historically and in world interest t)ur natitmal existence loses most of its jioint. Nom- inal rcfniblics with a high aggregate of industrial perity, and governed normally by rich traders and manufacturers in their own real or fancied interest. < This chapter by Colonel Thefxlore Rcvisevelt is reprinted by permission from The Outlook of Janu.iry 21, 1911. * New Yorl:.. The Ma milian Co., 1909. 53 NATIONALISM AND POl'ULAR RULE but occasionally by violent and fooli\ rrnineni iJra^Mc laws I vent ili ..Mrfw u«w rm w in politi' >?. I'.'i !!. ill i»f L'liiu' '; Sta«e« senator- by dirt' * vm Dir« .t pritiar - for , nuiiu-iat mj ot leci offitials Du.'t *k'(tion of (IfU'j; tes U> nn,!. mal • ivei! titiMs. il,.- \.,ter to express his h^i^-e ujt j>resi=.iL «mi thi hali.f fi,r delegate. '1 hi- intr. .diitti. n of i, c in (ivt- ^ "er ' n and recall. In Orcjt>.)ii iiitisf of ti prii iplts an already law. riiL reivrt Kepuhlicifi sta plaffon >f Wis- consin has dcclarc'l r aU f \. * nn s; and ! !is deciar.'tiun !>< Mtitlcij to very .sei nsi< a- tion, for U'isconsii ius taken a lead sitioi in l'rojjreNsi\.' Ifut.lat n am has hci .i ,it .. n. te- wurthv rec-r. .f lau- . ^>ciai. slinon' and indus- trial l-ttcrni it, . h ,. heci proved in actual piact! aid u ^e u ked ..ell. Most \ stem i not supp that '^ire can he any tnssent frtmi tilt need of p. sini,^ t ■ .uKhjjoing acts to prevent cor-upt praciKv. he » movement for direct primaries 54 %.f NAT ONALISM AND P(.PULA,< RULE sprcacliiijf faM W luthcr it sifall apply t«» jll elec- tive &fK( ah or to cirtain rateKurk's ol M«iti m a mat- ter wl d\ must l«? tlccidi'd hy the acUJ;. cx|H.TiriKc o( each state wlaii Ik* wi.rkiiiK of the sctimie is trsfcd II i '^utice. There is a constant !v prt>wu»g fectinic aJst) ill favor of the flection of I i itt-d States senators by dircc? popular vote. Oit this jxunt. as indeed on most of hese jioinis, there is room lor hone ,. iliver- gence pini<»n. hut i Iwlitve that the weight of convictu IS ore the side of those wh«» would elect the scna ors bv iK)pular vote, ml that the general frt'ltiigr is inclininf,' this uay. i'he arguments made againsi such methiKl of ekt^ion arc practically the sai ic .1 the arguments orijjinaliy made against the election r r^residcnt by popular vo(=; and the electoral as lesignetl on precisely the same theory in '!' which it was supin.sed that the legislature the pe(»|)le shouUI l)e trusted to choose of senator. Such change in senatorial Id no more alter the fumlamental prin- ciples Ol our government than they were altered by the change in presidential electi>»ns. At present. aU though the form of an electoral college is preserved, the vote for president i really a direct popular »ote; anugh, of course, such latitude of action nutst l)e left to the delegate as to permit his exercising his own judgment if his first or second choice proves imixtssihle. This is merely slightly to alter the present-day practice when delegates are instructed by state and district conventions to v(jte for a given candidate. The proposition that will excite inctst misgiving and antagonism is that relating to the initiative, refer- endum anil recall. As regards the recall, i. is some- times very useful, but it contains undoubted possibili- ties of mischief, and of course it is least necessary in the case of short-term elective officers. There is, how- ever, unijuestionably a very real argument to be made for it as regards ofticers elected or appointed for life. In the Ignited States government practically the only l)ody to whom this applies is the judiciary, and I shall accordingly treat the matter when I come to treat of nati(jnalism and the judiciary. There remain the initiative and referendum. As regards both of these. I think that the anticipations of their adherents and the fears of their opponents are e<|ually exaggerated. The value of each dei)ends mainly upon the Way~it is applied and upon the extent and complexity of the governmental unit to which it is applied. Every one is agreed that there must be a popular referendum on such a fundamental matter as 56 -y NATIOXALISM AND POPULAR RULE a Constitutional cliaiiKo. and in New York State we already have what is really a refereiulnin on various other propositions by which the state or one of its local subdivisions passes upon the propriety of action which implies the spending^ of money, permission to establish a trolley line system or somethintif of the kind. Nbtreover, where popular interest is sutViciently keen, as it has been in the case of certain anuMulments to the national constitution at various times in the past, we see what is practically the initiative under another name. I believe th.'it it w(!;iid be a good thinj; to have the princijjle of the initiative and the referen- dum a|)plied in most of our states, always i)rovided that it \k' so safej;uarded as to jjrevent its beinjj;- used either wantonly or in a spirit of levity. In other words, if the leijislaturc fails to act one way or the other on .some bill as to which there is a genuine popular demand, then there .should unquestionably be power in the i)eople through the initiative to compel such action. Similarly, on any bill important enough to arouse genuine public interest there should be power for the i)eople to insist upon the bill being referred to IKjpular vote, so that the con.stituents may authorita- tively determine whether or not their representatives have misrepresented them. But if it is rendered too easy to invoke either process, the result can be only mischievous. The same considerations which are more ajid more tending to make thoughtful i)eople believe that genuine popular control is best exercised through the short ballot have weight here also. There are « 57 ■-^^g^r_ ^ J^£V, ( 11 IB I 1^ [a. TIIK INITIATIVE, RRFKRENDUM AND RECALL plenty r.f cases in wliicli. rm a pivcn issue of siimcicnt importance, it is better that the people should .lecidc for themselves rather than trust the (lecision to a body of representatives— and our present-day acceptance of this fact is shown by our insistence upon a direct vote of the state when the state adopts a new constitution. But ordinary citizens in private life— such as the pres- ent writer and most of his readers— neither can nor ought to spend their time in following all the minuti.-e of legislation. This wor'; they ought to delegate to the legislators, who are to make it their special busi- ness; and if scores of bills are habitually presented for popular approval or disapproval at every election, it is not probable t! it good will come, and it' is certaiti that the i)ercentage of wise decisions by the people will be less than if only a few pron^sitior. of reallx^OSt importance vare presented. It is necessary to guard not only against the cranks and well-meaning busy- bodies with fads, but also against the extreme laxity with which men are accustomed to sign petitions. There was a curious instance of this trait at the recent elections in Cincinnati. .Aside from the regular nom- inees, there was in one di.strict a man nominated on I>etition. He had enough names put on the petition to insure his running, but at the election he got only about one-seventh as many votes as there were names on the petition. A much lar- c. ; -oportion of men should be required to petition . - an initiative than for a referendutn. but in each case the regulations both as to the number of names required and as to addi- 58 NATIONALIS\f AN'D POPULAR RULE tional guarantees where necessary should |,e sucli as to forbid the invocation of this method of securing popular action unless the measure is one of real im- portance, as to which therp is a dec|>-rooted popular interest. Oregon has ; My tried the principle ..f the initiative and the ref.renduni, aniem it is difficult to see at present lunv it could normally have more than a state-wide ai.i)Iication. In Switzerland it has been applied both in the cantons, or states, and in the federal or national government, and it seems on the whole to have worked fairly well. Those who anticipate tof) much from the new system, however. w.»uld do well to study its work- mgs in Switzerland. There have now and' then been od.l residrs. Recently by the use of the initiative a certaui bdl was proi)osed to the federal legislature. There was such a strong demand for its passage, as shown by the vote on the initiative and by the general popular agitation, that the legislature passed it with but one dissenting vote. At the ensuing election the repre>entat:ve who had cast the dissenting vote was. because of having done so. beaten : but on the referen- diun the people defeated the measure itself! They demanded it on the initiative, all their representatives m the legislature with one exception voted for it on 'ts passage they heat the one man who had voted 59 i THK IXITIATIVK. REFERENDUM AND RECALL ap-iinst it. and then on the reffrendiun they defeated tlie bill itself. l'n<|uesti()nal»ly an ideal representative hody is the l)est iinaijinahle le^nslalive hody. Snch a Ixxly. if com- posed of nun of unnsnal courage, intelligence, sym- pathy and high-mindedness, anxions to represent the I)eople, and at the same time conscientious in their •letermination to do nothing that is wrong, would so act that there would never come the slightest ilemand for any change in the methods of enacting laws. Un- fortunately, however, in actual practice, too many of our legislative bodies have not really been representa- tive; and not a few of the ablest and most prominent men in public life have prided themselves on their ability to use parliamentary forms to defeat measures for which there was a great popular demand. Spe- cial interests which would be powerless in a general election may be all-ix)werful in a legislature if they enlist the services of a few skilled tacticians ; and the result is the same whether these tacticians are un- scrupulous and are hired by the special interests, or whether they are sincere men who honestly believe that the people desire what is wrong and should not be allowed to have it. Normally a representative should represent his constituents. If on any point of real importance he finds that he conscientiously differs with them, he must, as a matter of course, follow his conscience, and thereby he may not only perform his highest duty, but also render the highest |)ossil)le serv- ice to his constituents themselves. But in such case 60 NATIONALISM AND POPULAR RULE he should iu)t try to acliicvc his |)iiriM)sc by tricking liis coustitiifiits or by adroitly seokiiij; at the same time to thwart thcit \vi>hes in secret and yet appar- ently to act so as to retain their good will, lie slionld never put holdinj^ his olTice above keepinji^ straight with his constience, and if the iueasnre~a>r to which he differs with his constituents is of sufluient impor- tance, he should hi- prepared to go out of oitice rather than surrenr — where a minority ot his constituents. Imt a larLje and iiilluential ntiiiority. may demand so|nethnl^' com-erninj,' which there is .Ura\e donht whether the majority does or does not sympathi/e with the demand. In sncli a case the minority is active and determined: tlie majority can he roused only if the ((uestiou is directly fn-fore it. In other words, the maji tiiat. the adherents likewise, of the propo : chanj^'t'. when they speak, wliether in praise or in Maint of its rachcalisin, would \erinnent nutch more radical where it applies than even the initiative and referenl,n.,M. i„ ,1,,;^ unu, n-tuvmlKr that those „K-asurc.s arc- i„ thnnsdvos .ncrcly .nc-ans and ""t vn.Is; ,I,a, ,|,,ir sum-ss or faih.re is t.. Ik.- clctcr- •"Micl n..t ..„ a f,ri„ri rcasoninK l.nt l.y actually testing "j'^v <'K-y uork „„.ItT varying c..,uliti,.„.s: an'.!, above all. tl.at M ,> io..|,.i, tu treat ilu-sc .,r any ..tlu-r devices f..r ..l.tannn^' «-.-• Rovernn.ent and ,«,,n,lar rule as jnsti>yn.«: sweeping' Cnu.le.nnatin,, „f all men ami c<.nmnnnties ulure ..ti.cr Kovernn.ental methods are pre erred. Tl,.,. is prohahly „,. class of men who ouKht to st.Hly history as carefully as reformers- cxcept reactionaries, fo, who,,, the need is even greater. A careful .study of ei^diteenth-century France ouKht t«. show the reactionary that the rejection. |,y the benehcanes of sj^rial privilege, of wise and mj. crate proKressiveness. like that of Turcot, inevitably tends to proiiny of Proj^ressives a Xew I'.n^land state which think? it can achieve (N)|)ular j^overnmcnt without the refer- endum than he would read out some state in another piirt of the country i>ecau>e it has never adopted the t« wn meetin^r iVrsonallv I >houId like to see the initiative and referenchim. with |m»i)er safeKuard adopted j^'enerallv in the states of the L'ni< tn, ami per :>i sonally I am .virry that the Xew l".nj;land town nieet- injj has not .s[)read throughout the I'nion. Hut I cer- tainly do not intend tt> part company from other Progressives who fail to sympathize with me in either view, and I do intend to insist with all the strength I have that each device is a e tiece-sary. to the exceptional men. the IJTicolns. ( irants. Mar- shalls. I-ajieisons. Lonj^fellows. j'jiisons. IVarys who each in his own line does some sjnrial servic: hut we wish so far as iK)ssihle to pre\cnt a reward heinj; given that is altoj^^-ther «lis|)rojM)rtionatc to the serv- ices, and e«ipecially to prevent hnge rewards coming where there is no ser\ice or indeed where the action rewarded is detrimental instead of hencficial to the public interest. Ours is a government (.f laws, hut ever\ one should keep always k'fore him the fact that tio law is worth anything unless there is the right kind of man hchinrl it. In tropical .\merica there are many repuhiics whose constitutions and laws are practically i;(K)(| representatives; we shall niercly have ^ixtii the iK'u|>lc a In'ttcr chance to ^M't ^'(mmI represen- tati\tN If they ch.H^e had nK-n. unworthy men, uIkiIkt their nnworthine^s t;ike the form of corrii|>- tion or (leinaj^'o^y, of truckling to s|K'cial interests or of truckling to the tnoh, we 5»hall have v\ilenty of l)aensatinj{ advan'ane in wise and just action, the j^ain will In? nil. At present there arc cities where the direct |)rimary ohtains, in which, so far as I can see, the l)oss system is alxmt as firmly routed as in tliosc cities where the direct primary has n(»t heen introduced. So with the initiative and the ref' rendnm. \'ermt)nt has neither; Orcjj<»n has hoth. In whi- hever state there is the less corruption and greater justice, in whichever state the elected repre- sentatives of the jH'opIc are more upright, clean and iihle, in whichever state the jKMtple are lliemselves wiser in action, more prom|>l to fecognize and reward goml service and fearlessness and iiide|M'ndeuce in judge, govcrui"! senator, or congressman, why. in tl.at state We shall find the hest government, wholly without regard to the particular device hy which the govern- ment is ohtained. If hoth states show equally well in these matters, why, it means that each has devised the instrument best suited for its own needs. It is 67 IP Tin: IMTIATIVK. RKl I I'KNDiM wr) RF.( ALL f'Hy tmi t., a.lopt ilic m-w JiiMnirnnU if c\|hmiciioc sIm»vv» it to lie .'III iiiMruittfiii which u>ii.illy priHitices kttir rt-Miils; aii.l if wi arr roiivinced ili.it it is a iKtiiT inslniim-nl. thni uc >\u,iM cn.jcavur hv rciv.n aii.l arKiimnit t.. nit uiir iu'inhh..rs to .iilopt if; hut it IS aJM, tnlly to refuse t(» work with jjooij mv. ./ho are strixitjj; for ihi- same i»r<»ijres^ivr vtuU as we are, merel) hei;m>e thrse y,„„| tuvn prefer nhjer iiisirii- nienis than those which we klievc to lie liest fitted for the pur|)oH' I iK'heve ill .idoptmR; every deviv. f..r iH»fiuIar fjov- ermnent which is in theory jjood and when the prac- tice JH'ars .iit tlie theory. It is of course true that e.ich is only a device, and that its worth must lie shown in actual practice; ami it is also true that v re. as with ns. the people are masi. s. the fno>t vital neetl is that they siiall show self-ma cry as well as the ix>wcr to master their servants. (Utt it is oiten im- IK.ssihle to csfahlisli genuine H.pi.Jar rnic ami ^et rid «>f privilcKc. witlnnii the use of new (h .ice- to meet new needs. I think (!iai this is the situation uhich now confronts us in the United States, and that the a Iwck to where we hegan. We s^t out u|x>n our jKjHtical advinturt'H as a nation with one distinct ob- ject, nnniely, to put the contnd of ijovcrimH'nt in the han liN'Mty at any cost. And now. Uhold. wh<-n our e'j^rinient is a hundred ann. in part from the Norlh Ameriean Review, May, iqio. anu in jwrt trom an address on "The Issues of Rpform." dflivered in Kansas City on May 5, lyu. THF. INITIATIVF.:. RRFF.Ri:.\nrM AND RECALL si'ntativi's do not serve tlu- jjcueral interest iiuless dra- «:<..»nnl iiiiii loiiij; s«» l)y extrannlinary forces of aKJ- tati:.n. Inn are cmurnllnl hy personal and private in- flnenees: that there is no one anywhere ulioni we can hold pnhliely res|H.nsil.Ie. and that it is hide-and-seek uho shall he punished, who rewarded, who preferred, who rejected; that the processes of ^r„vcrnnient amongst • s in s|„,it. are hapha/ard. the processes of control ohM-nre an were very shy of apfwintmcnts to office. We wished only elections, frequent and rh..o(l many of whom had e,| the n,o|, whuh took his i.nsuner fro,„ hini and han^a-d him at their leisure, lie wa^ never called to acco.nit for what he had done 'I his is a sample of oi„- direct responsihiliiy to the people as a lej^^al system. It was very serviceable and natural so lonjr as our cmmunil es were theni- ^ehes simple and homoKeneons. The (,ld New l-njj- land town meetir.fer. for example, was an admirable instrument of actual self-^r„vcrnment. Where neigh- lK>rhoo the other, are n..t hom.>geneou> but coniposUe. their interests 7^ THE ISSUES OF REFORM \.iri«'(l .tiid f\t«'ii»|»*d, t(i^K life (nnijilfx an.-! intricate. Mil- \i)ti'r>i win. makf rlwn up .tn- hir^'Iy >lr.iiij,'ers Im t;i-li titlur Idwii nKH-tinj^*i an- .mi ..f the (|ut'stiun, (•\a'jit f(ir tin- most forir.al |inr|M>sfs. {j^rfiinctorily servt'il; liU- ^wtcps ar"iii!c[ a tliousaml cenkTs. ami the <'!er- eiices Ihcy w ( iv familiarly awai- ; hut n<»w they are iinkii..\v!i. ihf >er\anH nf a p«jlitical or^anizatifm. not "\ tiuir iM ii,'hlM.rs, irn s|)4.nsifji«- Ixjcauw ihscure. or iM'taiiM- Ich iidcd hy the \ i ry r<>inj»k'xity "^ he \ stetn of uhi.h I hey f..rni a part. The elective rteiiK on e\(iy voter's pr.>i;raintne of duty h»v»- |)ecsi(ni of p«)liiic a1".!i^h<-d unless the circumstances aie < han^ffd. anssihle the thiiij^' 6 73 h£i ^' i t TIIK INITIAIIVK. RKFF.KENUUM AM) RECALL should k- clone inlnrnially and ..fTh.-nid hy dinrf. un- assisted iK.pnIar chouc. llitTf ninst he a' |.telnnMiary process of selection, of nomination, ot pie|Mrin^ the 'icket as a uliole. unless there is to l,c !io|Kless confu- sion, names put up at haplia/ani an.l iioIhmIv elected hy a riear majority at the end. I he m.ichme "is as yet an nulisiKiisahle instrumentality of oui iM.iitics. I'lihlic opinion in the I ,.ited States was never better informed, never more intelli^-ent. never more eajfer to make itself felt in the control of government t.M the k'ttermeiii .,f the nation than it is now; and yet. I venture to sav, it was never m..re helpless to obtain its pin|).,ses hy ordinary and stated means. It has to resort to c..nvu!sive. aj^itated. ahnost revolu- ti-nary means to ha.e its wav. It knows what it wants. It wants ^uml men in office, sensible laws ad- justed to existuijj: conditions, conscience in affairs and intclli^rt.,„.v ,n then- directio!,. Hut it is at a loss how to jji't these. It tliusjs itself this way and that, fright- ens this «:roup of politicians, i)ets thai, hopes, protests, demands, hut cannot j.,r(,ve!ii. In lis nnpatience it exa^'j^a-rates tlu inehiciency and Ijad morals of its j^overnments very i^it.ssly and i> very unfair to men who would serve it it they could, who do serve it when they can, hut who are cauirht in the same net of complicated circumstances in which opinion finds itself involved. There is no just j,'round for U-- lievin^ that our lei,'islative and a(hninistrative bodies are generally corrupt. They are not. Tlu-y are tnade uj. for the most |«rt of honest men ulio are without 74 THE ISSUES OF REFORM leadership and without free opportunity: who try to iiuderstiuid the pubhc interest and to dt\ise measures to atainfd Ity very sound aid I'loijui-nt passages out (»f liurke and many auotlu-r puMif man of the I'",nj4li>h ^ueakinL.'; peoples, who has heen Ik-Iuw the surface <»f affairs and c«in\ inced us of the real philosophy of our form of j^ovcrnment ; hut the armiiuiiit is «|uite aside from the |M»int Of course ]iar)its are necessary. 'Ihcy are not only neces- sary hut (k'sirahlc, in onlcr that conviction upon i;reat pnhlic (|uestions may he orj^faiii/ed and iKtdics of men of like oj)inioii and pur|Mise hrouj^ht toj^ether in effec- tive an i t THF. ISSUF.S OF KKFORM iiiatiiur iiiacliiiifry. 'Ilurt- tonlfi Ik- no parly <»ruatiiza- iKMi It our I'K-ctivc sysU-in wcrf literally carrit'*! out as II was intvn«K«l !>• Ik-, hy ilir actual direct ami iu- fitriual st'ltTtiiMi nf cvi-ry oIVkht nf ^nvtrunifiit. uot by party aj.jfnts or Uailcrs. hut bv the .seatttrn! voters of the thousand neii^hhorhoods of a vast coiintrv. It was necessary to (le\i>e some machinery l»y wliirh these in- tuimerahle choices should he coordinateIitical methods have not often enonM;|i hroni,dii into their reckoninj; the great diversity of sticial and eco- nomic interest and lontiimal exterior prehsire. t .y.,rKan./c.,Ua,n,.a„M,s. uIu-.Ikt fJuu- ut-rcanv na.nralrcaso„or„., .,,,.inanyKivcn!.„ali,v.,h,s pnr^v or UKUslu.„,d Ik. proferr.1: and national ,«rti^^ » ; vc iHcn puvcl .n.^clur o,„ c.f ,Ik-sc l..al fragments o X'wI'T'' r 'V"''^ "" '"^^'^^^'^^ ••' '»^--«'-''" nr ic I ■', "• "" ''"" ''"^' ^•'^'- --'•'"»•-« parties conl.1 have k-on tna.k. ...„ ..f such hcten.Kene- "us materials an«| such .liversihcl interests I he result has k-cn that the nomn.atin,. machinery - lKH-on,e .!,e l«cklK>ne of ,«rty or,.„u.at.on. By ■t local lea.lers are reuar.led with infl„ence or office a- »^cer of government. The voter has not the leisure and. therefore, has not the lmI,U. im-ans ..f in- ««'tr»-.'ili"i. Iifs .MilMdf j,'«nfrnincnt«., I here fort-, an.l is '\tia-lry.il It is till- I M'lniiKitiii^ mailiiiif. '\hv ma- •liiiif applus till- iK'a>s;irv (liMi|.|iiK- of a.|iniMistrati..ii an.l ki-f|i> the M-|K.ialfly cl«rtnl ..Miars of .,nc iiiiik! in tlu- iKrfniinamc ..| their .iiitics--loy;,l l.. ai; ixtc.ior orj^'ani/aiiou. riic piinishnuiit it inllitts is .Iflinitrlv and dearly tiiKl.rst.MMl, It uill II. ,t ri-iinininatc :o.. n s\]u^ when ill oIVkv has Ik- n .|is..|K(litiit to \m:i. nm.m.ls. It '-an in tlUrt .lisiniss in.m oirui. Any oiu- who wishts to remain in pnhlic lite, at any rate in the sinalUr an|Hinsiliif «>tVucr« III' ilio l;i" i-riiiiu'ii( In IIm- iihii uIi. !i.n«' »i).iri,'r . imii who art' iluiii«.il\»^ ..litn niiMih ..iiIm.Ic ihc jj;< \triiiiK-iit as lc-);;illy < <.n>ii|iiit d. )t.,|<| ii,i otVnr. n'«»ss,s i.\rr wliii h the |>cn|,)t havi' n.MniiitMl \vlialr\rr I Iu\ arc priv.ifr riti/cns aii. ni .ivcrxij^ht ai I maiiaf^'t-nuMit willi.-tit any |.iil»li«- niv ilalMMi uf .mv kiiul Jusi Iri-.iuh' ilitTf nro iimiimrr il)lf m(Vkcs \,, W- filliM! I»y elt'ttif.ti, just luiaitsi- tlun- arc hmt; aii.l i-lalxiratf tifk»t> to Ik- nia.If n|>, jiisi iK-rausc it iiitds iloso ami nmstaiif att< ifi .ii in tin- m'tir t.. |Krfonii the lnlly -aN (artful ami i|;iiit atliii ti'Mi ;is till- MiiKMinicmlfiit of a ^nn\ Inisim^js or tin- lu-ail of a )L,Mfat >^o\tiiiiiuiil Itiin-aii fartory. his ortu-f. or his lnirtatt--it ranm-t i»osMlily U- «Ioiu- hy the voters as a IhwIv, It rc«|iiiri's too imuh knowlfd^c aiul |.h» imuli judj^Mmiit. Ustowcd u|miii little olVues without iiiiiiilKr as will as n|MiM .i,'reat. N'o olTuir of the j^ l.y mhik- xohudnr n liiiiiilml " wliu li h, IN iiu.liTtakiii • Hrasioiiallv, when, i Ill's (if Villli; it'iiniiialiiij; an- il 'iiiiiiiticf of otir •>sUni wliiili is Im hi; .1 riMiir U 1 llic ImhI y. aiii.itfiirs nr )ir..ftss|,,iial urn-, iii.t iln« |M,liiitiati>, S ' 'UK'- 'I'lM'ly. \Vc ha \c tTcatnl the situati S iim>t supply what tluv ilianne it or ahi.U- l.y its results witi I'liih.sdphy as wo ran rumniamt. "11 aii'l imisj (jtliiT » such iwiiciKc ami riu- re can Ik« nn misiakniK the fact that face t.) fate with |H.litiial cliai \iry piufoiin*! lOVit who do IK if we are now iK'CN whirh inav have a n|Hin our |M.|ii„a| life. 'H tiiulerstainl the iiiiiK'nilinir ,| »< ise •^..Klof u. Ihose wlio,|onn.lersian.| if lo.ou tl.at >» .s ..ot a process of revolution, hut a pr..css of rcM..r- •""•• nUluT. in which .here ,. as „,u.h luahuK as l".rt. Ihere are strain an.l jK-ri ,h. ,|onl... ,„ every l'"Kcss nf change, hut the chief j^-nl n-nies iru,„ •'•"ier.akn.j; it in .he wron^r „,„,h, f, n,, ,„„ „, „,^. '••"■Kf Msclf so much as in ihc nie.h.Kl of some of ' .<.se who promote it. It is a noteworthy circumstance "'•'« "I pro,K.r.ion as the ,K-ople of ,he .ountrv come f reco^ni/e what it is that reiuler. theni uneasy au.| ^vlK.t ,t Ks that is pro,K)se.l hy way of reformation they '■•M- their fear an.l take on a certain irrois.ihle en.hu'- ^lasia Tlie American i.e..ple are naturally a conservative iH-'plc. I hey ,1.. not wish to ,.,uch the stal.le loun.la- t'-'s of .heir life: they have a reverence for the n^^hts % " M.^ll.f l^i i~.jA'4 iw^n^ u MICROCOPY RESOLUTION TEST CHART lANSI and ISO TEST CHARl No 2l 1.0 I.I 1.25 I- 111^ 1 3.6 1.4 2.5 [ 2.2 2.0 1.8 1.6 A APPLI ED IIV MGE ^^^s ' ^ 'j ' res' Wi].f^ 'Ir^i^l S^^ -.■rhe51et, Ne, j-k 14609 uSA -^ '16) 48? - n -,0,-, _ Phone ^^ I "6) 28S -■•-4 - ro. THK INITIATIVK. RKI'K kKN'DUM AND RECALL of property and \hv rights ..f lontrart which is based upon a \nu^ v\\xvkm\- in a free life, in wiiich they have been at hlierty tn ac(|niic property as thev pleased and hind ihenisehrs l)y such Cdiitracts as suited them. No other people have ever had such freedom in the estahhshment of personal relationshijjs or property rights. They do not mean to lose this freedom or to impair any rifjhts at all. hut they do feel that a j,rreat many things in their economic life and '..i their politi- cal action are out of gear. They have been cheated by their own political machinery. Thev have been dominated by the very instrumentalities which they themselves created in the field of indnstrial action. The liberty of the individual is hampered and impaired. They desire, therefore, not a revolution, not a cutting loose from any part of their past, but a readjustment of the elements of their life, a reconsidcrati(»n of what it IS just to do and e(|uitable to arrange in order that they may be indeed free, may indeeil make their own choices and live their own life undominated. unafraid, unsuspicious, confident that they will be served by their public men and that the open processes of their govern- ment will bring to them justice and timely reform. What we are witnessing now is not so much a con- flict of parties as a contest of ideals, a struggle between those who. because they do not understand what is happening, blindly hold on to what is and those who. because they do see the real (juestions of the present and of the future in a clear, revealing light, know that there must be sober change ; know that progress, 82 THE ISSUES OF REFORM none the less active and dcterniitied because it is sober and just, is necessary for the maintenance of our insti- tutions ami the rectification of our life. In both the great national parties there are men who feel this ardor of progress and of reform, and in both parties there are men who hold back, who struggle to restrain change, who do not understand it or who liavc reason to fear it. Undoubtedly the jjresent moment offers a greater and larger opportunity to the Democratic party than to the Republican party; but this is not because there are not men in the Republican party who have devoted their whole intelligence and energy to neces- sary reform, but because the Democratic i)arty as a whole is freer to move and to act than the Republican is and is held back by a smaller and weaker body of representatives of the things that are and have been. We generally sum up what we mean bv the reac- tionary forces by speaking of them as embodied in the interests. By that we do not mean the legitimate but the illegitimate interests, those which have not adjusted themselves to the public interest, those which are clinging to their vested rights as a bulwark against the adjustment which is absolutely necessary if they are to be servants and not masters of the public. The chief political fact of the day is that the Republican party is more closely allied with these interests than the Democratic party. This circumstance constitutes the opportunity of the Democrats. They are free to act and to move in the right direction if they will but accept the responsibility and the leadership. The 83 THE INITIATIVE, REFERENDUM AND RECALL Democratic party is more in sympall.y vith the new ten.lenncs than the Repnhlican. Its .m forces arc the forces <.f progress and of iK)puIar refonn '•<"!> p." ties are of necessity hreaki.ijj away from I'e past, whether they will or not. becanse onr life has l>n.ken away fnmi the past. The life ,.f America is "<'t the hfe It was twenty years ago. It is not the life .t was te.i years a^o. \\'c have change,! .,nr economic con, ,t.ons from top to bottom, and with onr economic cond.t.onr, has chan^a'd also the orJ,^anization of ..t.r I'fe The old p.-;rty formnlas do not fit the present problems. The ol.l cries of the stump soimd as if they hvUm^ivr. to a past a/;e which men have almost f.^ri^oi- ten. !ne things which nsed to be pnt i.ito the ,,arty Platf..rms of ten years a^^o vvonld son.id anti,,nated "ovv. ^ on wdl note, moreover, that the p(.litical andi- ences winch nowadays gather to^^ether are not partisan ainhences. They are made np of all ele.ne.its and come to,^a-ther. not to l,ear parties denounced or praised, bnt to hear the interests of the nation discussed in new terms-the terms of the present moment We l.ave so complicated our machinery of government, vve have made it so difficult, so full of ambushes and Ii"I'ng-places. so in.lirect. that instead of having true represcuative government we have a great inextricable jungle of organization intervening between the people and the processes of their government; so that by stages, without i.Uending it. without bei.ig aware of it we have lost the purity and directness of representative government. What we must devote ourselves to now 84 THE ISSUES OF REFORM is, not to upsetting our institutions, but to restoring them. Undoubtedly we should avoid excitement and should silence the demagogue. The man with power, but without conscience, could, with an eloquent tongue, if he cared for ncjthing but his own power, put this whole country into a flame, because the whole country believes that something is wrong and is eager to fol- low those who profess to be able to lead it away from its dirficulties. But it is all the more necessary that we should be careful who are our guides. The pro- cesses we are engaged in are fundamentally conserva- ti\e processes. If your tree is diseased it is no revolu- ti()n to restore to it the purity of its sap, to renew the soil that sustains it. to re-establish the conditions of Its health. That is a process of life, of renewal, of re- demption. There is no ground for alarm, therefore. We are bent upon a jx-rfectly definite programme, which is one of health and renewal. Let us a.sk ourselves very frankly what it is that needs to be corrected. To sum it all up in one sen- tence, it is the control of politics and of our life by j^reat combinations of wealth. Men sometimes talk as if it were wealth we were afraid of, as if we were jealous of the accumulation of great fortunes. Noth- ing of the kind is true. America has not the slightest jealousy of the legitimate accumulation of wealth, l-'-verybody kn(nvs that there are hundreds and thou- sands of men of large means and large econonn'c power who have come by it all not only perfectly legitimately, 85 III if ^1 ' .' f ' THE IMTIATIVK. KF: KKKr- XDUM A\I) RFXALL l»iit in a way that deserves the thanks and achniration of the coniintiiiiiies they have served and develoiHjd. Hut everyh«.(ly knows also that some of tlie men who o.nfrol the wealth and have hiiih np the imhistry of the country seek to control |)olitics and also to dominate the life of common men in a way in which i , man should he jiennitted to dominate. In the first place, there is the notorious oi)eration of the hi-partisan ixjlitical machine: I mean the ma- chine which does not rei)resent party principle of any kind, hut which is williuft: to enter into ..ny combina- tion, with whatever group of i)ersons or <.f iwliticians, to control the offices oi localities and of states and of the nation itself in order to maintain the power of those who direct it. This machine is supplied with its funds by the men who use it in order to protect them- selves against ie^islation which they do not desire and in order to obtain the legislation which is necessary for the i)rosecution of their purposes. The methods of our legislatures make the opera- tions of such machines easy and convenient. For very little of our legislation is formed and effected by open debate upon the fioor. Almost all of it is framed in lawyers' oflfires. discuhsed in committee rooms, passed without debate. Rills that the machine and its backers do not desire are smothered in committee; measures which they do desire are brought out and hurried through their passage. It hai)pens again and again that great groups of such bills are rushed through HI the hurrie t ohtaininj^r ^ri„„j,n. representative actio on tlie part of le;,Mslative Ih.dies. They do lu.t n- lo set anythinjr aside. They mean to rest(.re am. re-in- vij.;oratc. rather. I he recall is a mr-ans of administrative control. If prop.rly rej.,Milatt'(l and devised it is a means of re- storiufr to a.lmiiu.trative officials what the initiative and referendum restore to le^rjslators— namely, a sense of direct resp(.nsihility to the people who chose them. 'I he recai; ..f jn(\}rcs, is another matter. Jud^^es are not lawmakers. They are nc.t administrators. Their duty is tiot to determine what the law shall he. hut to determine what the law is. Their indepenns which use the wealth of masses of men to sustain their enter- prise. It is in collection with this danger that it is necessary to do some of our clearest and frankest thinkinjr. It is a fundamental mistake to sjK-ak of the privileges of these great corp(.rations as if they fell within the class of private right and of private pr>|)erty. Those who ac no reasonable jealousy of piihjic re|4;nlati«)M in such matters. Iwcause the o|>- |M»r!miifies of all men arc aflfected. Tlh'ir profHTty is everywhere touched, their savings are everywhere al>- sorlK'd, their employment is everywhere determined. I»y these jjreat agencies. What we need, therefore, is to come to a common view which will not l)ring antag- onisms, hut accommodations. The programmes of |>ar- ties must now Ik' programmes of enlightenment and re- adjustment, not revolutionary hut restorative The processes of change are largely processes of thought, hut unhappily they cannot Ix? effected without hecmn- ing |M)litical processes also, ami that is the deep rcspon- sihility of puhlic men. What we need, therefore, in our politics is an instant alignment of all men free and willing to think and to act without fear upon their thought. This is just as much a constructive age in politics, therefore, as was the great age iti which our federal government was set up, and the man who does not awake to the opixjrtunity, the man who does not sacri- fice private and exceptional interests in order to serve the common and puhlic interest, is declining to take 1 art in the business of an heroic age. I am sorry for the man who is so blind that he st funda- mental (piestions like the incorporation of cities and the acceptance of their charters. '1 he constitution of Massachusetts, by amendment adopted as early as ' By Rolx^rt Treat Paine, Reprinted from the Proceedings of the National Mui.mpal League (1908). DIRECT LEr.KSi.ATIDN IN AMERICA 1821, forbids the Iq^isiature to inCf»rj)r>r.'U any town as a city except with the consent of a majority vote of the citizens of that t«»wn. The direct IcRislalion. however, to which we are directing our attention. introns nhall l»c referred through the reffrenehnn to a |»opular decision. The referen(h>m is not compulsory: it need not l>e used un- less there is a jKisitive demaitd for it — a petition sigiuvl by a fixeecomes therefore i true people's veto to he usc ,ed will of the community. The authority of Jamc Uryce is not necessary to convince Americ. ^ that llu- gov- ernment of their cities is the conspicuous failure in American political institutions. The federal system, with its two cliaml)ers based on the theory of checks and balances^, has been found wanting. Whether or not it sufilced for earlier days of simpler requirements when the non-interference idea of government prevailed is immaterial. Our 03 ''r mm^mmm THE INITIATIVE, REFERENDUM AND RECALL cities to-day face problems of utmost gravity, arising? not only out of the great increase in population, hut also out of the far greater demands from this con- gested urban population which asks for and should he granted a higher standard of comforts and necessi- ties. Modern civilization therefore requires that city governments be aggressive, positive forces that can grapple with and solve the problems as they arise or are foreseen. Unfortunately, in rather marked contrast with modern F.urope and England, our cities have been mere creatures of the legislature with enumerated powers limited to known requirements. Therefore every new task has involved resort to the legislature. Results have been disastrous both in enfeebling the city's self-reliance and civic character, and in leading to an undue, injudicious and unjustifiable interference by the state authorities. So well recognized has been this evil that a majority of the state constitutions now forbid the legislatures to interfere by special legisla- tion. Owing however to the legislative device of clas- sification this effort has been but partially successful. In the West a remedy has been sought in a different direction, through the constitutional assertion of the independence, more or less complete, of the cities from tiie legislature, by the adoption of the home-rule char- ter system. In 1875 the constitution of Missouri was the first thus to be amended to give cities of over 100,000 population, that is St. Louis and later Kansas City, 94 DIRECT LEGISLATION IN AMERICA power to decide upon their charters by a vote of their own citizens. Cahfornia followed with a constitutional amend- ment in 1879, but j)rovided that these charters after adoption by the v(jters must be submitted to the leg- islature for ratification or rejection as a wIkjIc. The jK)pularity of this move is evidenced by the vote in its favor of 114,617 to 42,076, in 1892, when the minimum limit of population, after a previous reduc- tion in 1887 to 10,000, was still further reduced to 3,400. California further extended the power of cities over their charters by amending article XI, section 8, of the constituti(jn. in i\ovember, 1906, so as to pro- vide that an initiative petition of fifteen per cent, can compel the submission to a popular vote at a regular municipal election of any proposed charter amend- ment. In Oregon the constitutional amendment granting the voters of every city and town power to enact and amend their municipal charters was adopted on an initiative petition from the people, by a vote of 52,567 to 19.852 on June 4, 1906. Washington, Minnesota, Colorado and Oklahoma have carried on this home-rule movement. In Michi- gan the constitutional convention inserted a home rule section in the new constitution which was voted on and carried November 3, 1908. Rut far more widespread or at least far more suc- cessful over a wider stretch of territory is the move- ment we are now to consider for more direct and 95 S-Jl THE INITIATIVE. REFERENDUM AND RECALL popular control by the citii^ens themselves of their municipal affairs. Both theoretically and practically this movement appears justified in its aims. It gives the best promise of helping the ultimate solution of our municipal problems. This movement is either ad- visory or man(lat..ry in its operation. The advisory system was perhaps the easier to enact, but the ten- dency of late has been strongly towards the mandatory initiative and referendum. The advisory sy.stem aims to secure action by city authorities in conformity with the poi.ular judgment through milder methods than direct legislation The voters are allowed to suggest or to express their opin- ion on a course of action without however thereby enacting such legislation or ordinance. Such a vote IS merely advisory in character and leaves the city fathers with full power to act as they think best whether it be in accordance with or against the wishes of the people. Winnetka, Illinois, is generally given the credit for devising the method of securing a popu- lar decision of important cpiestions through pledging candidates before their election to permit tlie reference to the peo])le of such questions when petitioned for The counol was thus induced to pass an ordinance providing for the submission to the voters before their passage of all ordinances for franchises or for bond issues and also all ordinances for which fifty voters may have petitioned within f^ve davs after public post- ing before their passage. Geneva. Illinois, extended this system to include, in addition to the referendum, 96 DIRECT LEiaSLATION IN AMERICA the advisory initiative on any public question when petitioned for by ten per cent, of the voters. Candi- dates are questioned and pledged before election to follow these rules. This method has been followed by several cities. Detroit, on June 17. i<)02. unanimously adf)pted rules of procedure by which a petition of five per cent, of the voters may force all ordinances grant injj or renew- ing public utility franchises, which have passed their third reading in the council, to a popular vote at the next election, and also any other measure instructing the officials. A home-rule charter had been declared unconstitutional by the supreme court, thus depriving the city of the right granted therein for a referendum on street railway franchises. A long-term extension of such r anchise was favored by a majority of the council, but having pledged themselves to a referen- dum while candidates for office a spirited demonstra- tion of the citizens induced them to pass the above rule. The proposal to extend the franchise was thereupon dropped in view of the threatened veto. The first use in Detroit of the referendum on franchises was made November 6, 1906, when the Detroit United Railway franchise was rejected decisively— and wisely accord- mg to the Cizic Neivs, a good government publication of Detroit. Such self-denying council rules are not, however, either permanent or self-enforcing. A two-thirds vote- may suspend them at any time, perhaps when needed most. To secure their continued annual adoption may 97 Tin-: INITIATIVK. RKFKREXDUM AND RECALL ti, 1 require an annual pledging campaign. This year's manual of Detroit jiyoXj does not contain the rule for instructing officials through the initiative. To guarantee action hy a representative government in hanviony with the popular will presupposes not a v(j1- unarily assumed ohligation of a temporary and op- tional character, but an oi)ligation of superior and con- trolling force embodied in the fundamental law or charter. Grand Rapids, Michigan, petitioned the legislature for a new charter, which was approved June 6, 1905. granting a twelve i>er cent, referendum on any ordi- nance and a twelve per cent, initiative for an advisory vote on charter amendments. This referendum has been used twice, once to approve of the franchise granted to the Muskegon Power Company, and again November 6, 1906, to reje . an ordinance pro- hibiting Sunday shows, b.895 to 6,281. Under the advisory initiative the voters have twice asked for amendments to their charter; on April 2, 1906, voting for an advisory initiative on ordinances by 6,196 to 1,736 and for the recall by 7.142 to 1.976; and on No- vember 6, 1906. voting for the establishment of non- partisan municipal elections by 8,865 to 3.350. Though this question carried every precinct in a Republican city and the total vote, 12,215, was within 729 of the total cast for governor, yet the Republican legislature refused to grant the request; as it also refused the other requests. It is stated that the above charter pro- visions are generally cons'dered beneficial, though it 98 DIRECT LEGISLATION IN AMERICA is felt that the enactment of charter amendments should be compulsory after submission to and approval by the electors. Buflfalo, under the general welfare clause of its charter, adopted, July 13, 1904, a provision (chapti '• 45. of the city ordinances), whi-h is stil! in force and which authorizes the submission at a general election of any questions of public policy to obtain the opinion of the electors thereon, either on the petition of five per cent, of the voters or upon resolution of the coun- cil. On November 7, 1905, such an advisory initiative resulted in a vote of 7,767 to 1,979 '" favor of a mu- nicipal electric lij^hting and power plant. The council took no action to carry out this vote, but used it to obtain somewhat more favorable prices from the ex- isting private company. On November 3, 1908, the advisory initiative asking for a new charter with the largest possible measure of home rule obtained the en- dorsement of 13,286 for, to 4.346 against. In Illinois a public-opinion law was enacted May 4, 1 90 1, allowing questions to be referred to the voti^rs of cities for an expression of opinion on the petition of twenty-five per cent. Chicago has made effective use of this authority, voting in April, 1902, for direct primary nominations of city officers by 140,860 to 17,654, and on April 5, 1904, for the popular election of the school board by 115,553 to 58,432. Both at these elections and on April 4, 1905, April 3, 1906, and April 2, 1907, there were referenda on the burning street-railway issue. The question has been too promi- 99 4 1 .if THE INITIATIVE. REFERENDUM AND RECALL ient thronphout the country durinjr ali these years to need extended comment. The first votes were over- whehningly in favor of municipal ownership of gas and electric lighting plants, as well as of the street railways. iy).ij()C) to 21.364. and 14J.SJ6 to 27998 respectively; hut finally, after a six years' struggle the people. l,y i65.X4r. to 132.7 .'o. accei.ted on April 2. 1907. the council ordinances wherehy great reforms were pn.mised in the service under the private man- agement of the companies, and fifty-five per cent, of the net profits was to go to the city treasury. In Can.'ula this advisory system has been author- ized for cities by general provincial law in British Columbia June 21. 1902, and in Ontario June 27, 1903- In Victoria the referendum bv-law was adopted by the council December 15, 1902. Either the council or a petition of ten per cent, of the voters may send questions to the annual municipal election in January for obtaining the opinion of the electors u.wn any question affecting the public welfare or any proposed mnovation or alteration of by-laws. In 1903, 1907 and 1908 the eight-hour day for city employees, the sale of li(iuors by retail in stores, and an increased water supply, were vr.ted on. The opinion thus ex- pressed by the electors has beet, regarded by the coun- cil as a mandate for legislation in accordance there- with. In Toronto this advisory referendum has been used for questions like reducing the number of liquor licenses, paying salaries to the aldermen, and exempt- iro 1^^ DIRECT LEGISLATION IN AMERICA ing dwellings from assessment to the amount of seven luuulred dollars. Augusta. Maine, has held special elections from time to time to secure the o inion of the iK.'ople when- ever the ini|xjrtance of the issue has seemed sufficient to warrant such an election. The city clerk states tliat the authority is found in the clause of the city charter, bcction 34, which provides that general meetings of the citizens may be held to consult upon the general good and to instruct their representatives according to the right secured to the people hy the state constitution —to be summoned by the mayor and aldermen upon the requisition of thirty voters. The constitution of Massachusetts, the parent state, contains a similar provision inserted in the original document of 1780 and repeated in the city charters. In the smaller cities, where the capacity of a hall bears a reasonable relation to the probable numi>er of voters expected to attend, there ha/e been numerous meet- ings to decide upon various important matters, but it is not known that any city has yet adopted Maine's sensi- ble expedient for changing a huge mass meeting into the modern method of booths and ballots. The constitutions of thirteen other states contain in their bill of rights declarations more or less similar in support of the right of the voters to give instruc- tions: Pennsylvania, North Carolina, New Hamp- shire. Vermont. Tennessee, Ohio, Indiana, Michigan. Arkansas. California, Oregon, Kansas and Nevada. In Delaware under the terms of the law. the peo- #=- lOI THE INITIATIVE. REFERENDUM AND RECALL 114.. pic voted, on N'ovcnilxT 6, i;h the court has declared the latter at variance with the state law. The mayor's olVice states that the retpiirements of the last vote are those which the city has always endeavored to enforce, and it is compulsory for the street railways to live up to the provisions pre- scriljed in their franchises. The grants by municipal councils of franchises for public-service utilities have been the cause of much anxious thought. How can they be wisely safe- guarded? The law has been askec,. estahli.shed an optional referendum along somewhat similar linos. In i)hu>, by an act approved by Governor Harris Aprd 15. !(/)«, no ordinances grantin^r ,,r extendinj? a franchise to any street railway can become o|)erative if within thirty days after its passage by the council tiare is a iwtition of fifteen i»er cent, of the voters, until it has Ix-en submitted to either a general or s|)e- cial election ami has received a majority of the votes cast. In Cleveland, at a s|)ecial election Octol>er 22, ifK>8, a referendum invoked a^ .inst the *' security '' franchise to the new railway companv resulted in an enormous vote being cast, defeating tlie traction com- promise by 38.249 to 37.644. A fuller discussion of the long struggle in Cleveland will undoubtedly be found in the seoetary's annual revit. of important events of the year. An amendment to the charter of Memphis Ten- uessee. passed March 10. 1905. chapter 54. section 29. enacts that no quasi-public franchise shall lie granted unless approved by the voters at a general or special election if such submission has been tiemanded. within thirty days of its passage, by five hundred freeholders. • Shibley: "Municipal Affairs " Vol. VI, p. 785. m DIRECT LEGISLATION |.\ AMERICA Xchraska carrie*! the system of its fuller recofrni- li«»n of the iHJopk-'s riRlit to ori|;iiuite or to veto onli- i»ances of any kitui when hy chapter 32 of \Ht,^, in efTect «)n July 10. fifte.-ii |Kr cent, of the voters n any ninnici|)al suhdivisitm of Xehraska are autlmrizecl to pro|x)se any ordinance which, milcs^ afDUM AND RECALL 5?outh DnkrXa was tlic firnt Matt* t<» cmlHHly in her const it lit inn the provisions for the initiative and rcfcr- cndnm. adoptiiif; the atnendnu-nt N'ovcnilier 8. iH<>K. hy j^^.Hid to 16.48^. wherehy not mi>re than five jht cent. «tf the voters is to Ik? re(|nirct)6, with a vote of 36,374 to 6.616, and the legislature the next winter, hy chapter 62, provided for the applica- ti(m in cities and towns of the reftrendum on the |)eti- tion (/f five per cent, and of the initiative on eight ])cr cent., with fifteen iwr cent. re(|uired in cither case to cr tft, kjo;. ilcclare.l to Ik- " rrpiil>- lican in form.' provideH for n Irnral rtfcrcner- ccntajfe for cities at twenty-nvc. In the cun^titnti..nal anien.hnrnt e<*tal»lishinif a Mate sysfeni of .lirect le^is- latiun. which Maine adopted Septenil.er 14, 1908, by a vote of 5i.«;.>i to J^.74^^. section 21 provides that any city may establish the initiative and referendum throuRh an ordinance ratifieti by a |K)pular v«»te. ! IIIim>is. under the public opinion law. a vote wa>< takci, t the state election in Novi-ml»er. npj. ufxm the p(jpular {)etiiion for a local referendum law and resulted in a fav<»ral)le vote of .V>o.<>72 to 83.^77. This expression of opinion was ignored by the U^'isla- ture. A second vote was taken XovemlKT 8. i(/)4. .,n a similar (piestion of establishing a lc»cal five per cent, peoples veto, and resulted in an even m.)re over- whelming v(»te in its endorsement— 535,501 to t}T..\jo. The pc»)ple's representatives, however, have paid no attention to these an'l other similar expressions of the people's wishes. The greatest IcKal development of direct legislation has been witnessed in the Pacific states. San l-'ran- cisco, under the home-rule provisions of the tali for- ma constitution, elected a Iward of freeholders De- cember 27. 1897, to profjose a new charter which was ratified at a .special election May 26. i8fj8. by 14,386 to 12.0J5. and having been approved by the legislature in 1899, chapter 2. went into efTert January 8. kjoo. It provided for an initiative on the petition of fifteen 107 ' .f I Till- INITIATIVE. REFKRFA'DUM AND RECALL per cent, of the voters to apply either to onhnances or to charter an.cmhnents ; and franchises for water- works or hglninjj plants, or ordinances for the pur- chase of land, must be referred to the next election. The same system was copied by Vallejo through a special election December 8. 1898 (chapter 5. 1899) and by Fresno, October 19. i8()9 (chapter 9. 1901). The initiative and referendum system which is gen- erally thought of when reference is made to it is that of Los Angeles, adopted at a special election December I. 1902, by a vote of 12.105 to 1,955. ^'le legislature ratified it in 1903, chapter 6. The system is elab- orated in much more detail and has generally served as the basis or model for other cities which have since adopted direct legislation. Under the initiative any proposed ordinance may be presented to the council. If five per cent, petition, it goes without alteration to the next municipal elec- tion. If fifteen per cent, petition and re(juest a special elecHon, it must be passed without alteration by the council within twenty days, and if vetoed by the mayor, repassed by the council or the council nnist call a special election at which it shall be submitted to a vote of the people. If the council passes it, the refer- endum may still be invoked against it. The basis for the percentage is the entire vote cast for mayor at the last preceding general election. The city clerk has ten days in which to examine the petition and ascertain whether it has been signed by the requi- site number of qualified electors. If found insufficient, 108 DIRECT LEGISLATION I\ AMERICA the petition may be amended within ten days, after which the clerk has a further period of ten days to renew his verification as to its sufificiency and then present it to the council, or if again deficient to return it without prejudice to the person filing it. Any number of proposed ordinances may be voted upon at the same election, but not more than one spe- cial election shall be liel'! in any period of six months. Any ordinance proposed by petition or adopted by popular vote can be amended or repealed only by vote of the people, though the council may submit at any succeeding city election propositions for repeal or amendment. The referendum applies practically to all ordi- nances except those declared to be urgent for the im- mediate preservation of the public peace, health or safety, and passed by a two-thirds vote of the council. No franchise grants can be construed as urgency measures. If a seven per cent, petition is presented to the council within thirty days from its final passage and approved by the mayor, the ordinance shall be suspended from going into operation and the council shall reconsider and entirely repeal the ordinance, or it shall be submitted to a vote of the electors at the next general election or at a special election called for the purpose, and shall not go into effect unless approved by a majority of voters voting on the same. Ten days prior to the election at which any ordinance is submitted to the voters the city clerk mails to each voter a printed copy of the ordinance with a sample i09 i'-.i Ml .^^Tt THE INITIATIVE. REFERENDUM AND RECALL Fallot unless the council has ordered, in place of this, its publication in the official ne\vspaf)cr of the city in the same manner as ordinances ado[)ted by the council are required to he pubhshed. The moveuient thus started made rapid progress. Sacramento. San ncrnardiiio, San Diego and Pasa- deua held special elections on November 3. 1903. Janu- ary 6, 1905. January 27. 1905, and February 28, 1905, and adopted ajueudments to their charters, except in the case of San Oernardino. which proi)()se(l an en- tirely new charter, and the legislafne gave its ap- proval in 1905. in chapters 12, 15, u and 20 of the current resolutions. Eureka, Santa Monica, Alameda. Santa Cruz, Long Beach and Riverside held elections on June 19,' 1905, March 28. 1906. July 18. 1906. January 22, 1907, February 5, 1907. and March i. 1907, to adopt new charters, which were ajjproved by the legisla- ture in its session of 1907, in chapters 14. 6. 7. 9, jc and 25. In general these later charters followed pretty closely the model of Los Angeles. San Diego adopted the same percentages; five and fifteen per cent, for the initiative for general and special elections respectively, and seven per cent, for the referendum. Sacramento and Riverside require ten per cent, for either the initiative at a general election or for the referendum. Eureka, Alameda and Santa Cruz raise the percentage for a special election for the initiative to twenty and vary the referendum slightly by having fifteen per cent. HO DIRECT LEGISLATION IN AMERICA to keep an ordinance from going into effect before the election, while ten per cent, allows it to become opera- tive subject to its repeal ten days after an adverse popular vote. Long Beach, Santa Monica. Pasadena and San Bernardino raise the percentage still hifj^her, to thirty, for the initiative at a special election, and in general have high percentages for the other rccpiirements, ranging from ten to thirty. The following table may illustrate more graph- ically the va ious percentages required in tiie different cities ; Initiative to Referendum General or Special Elections San Francisco 15 Vallejo 15 Fresno 15 Los Angeles 5 15 7 San Diego 5 15 7 Sacramento 10 15 10 Riverside 10 15 10 Eureka 10 20 10-15 Alameda 10 20 10-15 Santa Cruz 10 20 10-15 Long Beach 10 30 25 Santa Monica 25 30 25-30 Pasadena 30 10 San Bernardino 30 30 In view^ of the fact that the initiative and referen- dum have been put to comparatively rare use, it would seem distinctly unwise to raise the percentages so high as to make the system almost unworkable when for good reason there should be resort to it. The ten, III ! j THE IMTIATIVE. KK KKKEXDLM AND RECALL twenty and ten fonmila may be a conservative and moderate une. tiiougli friends of the system in L..s Angeles arlvise against increasin,:^-^ the percentages which prevail there of the. fifteen and seven. There are several variations on the general model. Pasadena allows the conncil to suhmit to the voters an alternative to the measure suggested hy the initiative. Eureka. Alameda and Santa Cruz make twenty-five per cent, obligatory for an initiative petition against measures adopted by the electorate. Santa Monica does not allow a measure enacted by the people to be amended by the council before two years and forbids a measure to be submitted a second time except by the council or on a thirty per cent, petition. Santa Cruz allows a referendum on the same measure twice within a year only on a forty per cent, petition. Alameda permits a special election if the expenses are paid in advance by the applicant for a franchise or by other persons. Alameda. Santa Monica. Riverside and Sac- ramento pro\ide that if the provisions of two or more measures, which are adoptrd at the same election, con- flict, then the measure receiving the highest affirmative vote shall control. The experience of L.)s .\ngeles throws light upon the value of direct legislation. There has been only one special election called under a fifteen per cent, initiative petition obtained by the prohibitionists, who tried to close all saloons; but in this they were de- feated. At the general election December 6. 1904, four 11^ DIRECT LEGISLATION IN AMERICA ordinances were presented under the initiative to fix the limits of slau^diter-liousc districts. Though con- fusing and conflicting, a local authority states that with keen intelligence and good judgment the people carried the best one by a hatidsonie majfirity. About a year ago an additional franchise of great fmancial and strategic value, estimated to be worth a million dollars, was given by the council to the street railway corporation. Though rushed through to catch the peo- ple napping, under the tlireatened use of the referen- dum and the recall, the ordinance was revoked by the council. In the spring of kjoS the council granted for five hundred dollars another very valuable fran- chise to this same street railway company, and passed it over the veto of the mayor. .\ referendum petition was presented May 18, and the council having refused to repeal the ordinance, it was held up and referred to the next municipal election. Since the same city council had refused to pass an ordinance compelling the street railways to properly equip their cars with efficient fenders and run at a moderate rate of speed within the heart of the city, although the accitlents and mortality were said to be greater proportionately than in any other city, the Voters' League secured over four thousand signatures to a petition calling for a special election, but before presenting it persuaded the council to adopt a satisfactory ordinance, which has since been the cause of saving many lives. Los Angeles claims a population of over three liundnM thousand, which would perhaps rank it as the seven- 113 IflK IMTiAII\F. Ui;i KKKNUUM AND RECALL tceiitli larj^cst city in the United States, approxitnatinij tlif si/e (tf W asliinuti'ii. As the city iti which the modern system of chrect Icj^ishition was estahhshed first and has therefore heen ^iven the lonjijest trial, it is iiiterestinjj^ and instructive to see what testitiK'ny i^ ofYered as to its value. The first act of a cominiiue lately sitting on charter re- vision was to resuhf that the direct lej^islation ])r()- visions he retained intact witiiout any increase of per- centaj,'es. Miiiiiti/^al Affairs, the orjjan of the Miuiicipal Lea^nie of Los Angeles, says that "nothinpf hetter has happened to I.os Angeles than mal \olumes of I'rocn'dinfis of the League have de- scrilwd the principles of the recall as first devised for Los Angeles and 'atcr adopted in Pasadena. Fresno, San Bernardino and San Diego, and also the first use of it in Los Angeles in the removal of a councilman. Since then Santa Monica, Alameda. Santa Cruz. Long Beach and Riverside, as well as San Francisco and Vallejo. whose charters were adopted prior to this new movement by Los Angeles, have all inserted in their charters provisions for the reca'I. In four instances the retjuired percentage has been raised from twenty- five to thirty or forty. The popular votes on its adop- tion have been strongly in its favor; the latest one being 22.945 to 5.597. in San Francisco in November. 1907, where it was proposed by an initiative petition. The recall was invoked June 30, 1907, in two wards of San Bernardino against two councilmen. A petition 116 m DIRECT LEGISLATION IN AMERICA ff)r the recall was liel- mitted at the next municipal election. .\ charter amendment was thus initiated in Seattle and adopted March 3. 1908. by 11,493 to 6.063. providing for the referendum on ten per cent, and for the initiative on "7 1; Tlin IXfTIATrVK. Kr.lKKF.NDUM AND HFXM.L iNvt-nty-fivi' |Kr aiit. In p) to the next rt-^jnlar eleo- ii"!!. 'Ihiif iHtiiiniis have siiuv k-cii prcsinti-d hut were fotind iiisiiKicicnt. 'I ho nrall was ailnpti-d at the city dvcium M.irdi 5. nx/,. hy 7 snhmus of iht- Lcamu's l'roi\'i'dm^< The rt'UrnuUini is uhhj^atory on |)ro|>osi'iI issnt-s of Ixintls whiih must Iht approved hy a majority of «|nal- ifietl taxpayin^' voters. The example of (Jalustoii was follnwed hy other cities in Texas. Honsttm in ujc\i. and ICl I'aso, hurt \\'.»rth and Dalhis in i<^»7. ohtaine*! charters for a commission government, and Waco* vote. I for it this sprinjjf. San Antonio in a new charter of i(>o.^ |)rovided for a ten i»er cent, refer- enchim to apply only to franchises and suspending the operation (»f the ordinance until it has Iktu ratified hy a majority of all voters. Houston introfhices a varia- tion in that the referendum, on a1! franchises, is avail- able on the petition of the jleCnute tiumlier of (wv hun- dred voters, while h'.l Paso introduces a further varia- tion in majsinj; the referendum (Ie|)en(l on four lunidred voters who are taxpayers, or on the volition of the council itself. Fort Worth jjrovides a twenty jht cent, referendum and also a twenty |xt cent, recall. Cireen- ville and Denison in their 1907 charters for a council of mayor and two aldermen provide, the one for a referendum on franchises on the [x-tition of one hun- dred voters, and the other for a twenty jier cent, recall. Dallas follows the California model more closely in allowing- an initiative to the fjenerai election on five per cent, with fifteen i)er cent, for a si)ccial election, and a referendum on franchises on a jx'tition either of fifteen {)er cent, or of five hundred voters, and doubles 119 TIIF, IMTIATIVi:. ki:i KKKNDUM AND KKi Al.l. the time within wliith to |Kfitic»n hy makinfj this jwrioU sixty .lays; and also has a thirty-live [kt cent, recall. 'Ilic final form Ity wliiih the lonunission plan of govirnnicnt i% at the present tune JK-in^f jfenerally coni- hineii with .jirect U'K'isIati.Mj. aixl often with the recall of the Los An^'eles ty|K,'. has Ix-en inatle prominent hy Des Moines. Hy a law i»;ish'iI March, jt), n^i;. h.wa l>erinits all cities in the state w ith a popniatioii exceed- ing,' twenty-five thonsand to adojit hy |)opiilar vote, on a iRtition of twenty-five |Kr cent, of the nnnih^r vot- ing at the preceding city election, a charter which is set f(.rth in the act. Des Moines adopted this charter June j{). K^o;. by r,.()44 to 4.143. and it went into effect the following March. The initiative re«|uires a ten |KT cent, jjetition for the general election and twenty-five jht cent, for a s|»ecial election. The refer- endum may he deman«led hy a twenty-five jK-r cent, jR'tition presented within ten ()«. |,y x-^ ,,, ^.^^ to incorjK.rate under this charter. I.ewision was jriven a new charter hy the Idaho leKislatme. March ij. n>07. providing for a ma\or and m.\ councilors elected at lar^e The initiative jHtitiotis of live and fifteen |)er cent, call for action at Kviural and siK'cial elections res|)ecti\ely. The referendum may l»e invoked within thirty days a^'iinst franchises and real estate ordi- nances on iK'tition of three hundred voters. The recall re(|uires twenty-hve ixr cent. I'nder the initiative a special election was hel.l Xoveinher 5. i.x)X. .,n the iHJtition for an ordiname desi/^'md to secure prohihi- tion throughout the city. Tin onlinance was defeated. Kansas passed an act March j. 1907, settinjr forth a commission form of /ijoveninient and iK-rmittinjf all cities .)f the hrst class to adopt it hy a maj..rity vote at a .sjiecial election. A ten \n:r cent. refereiKhim is authorized on all franchise ordinances within sixty days after their jiassage and the entire expense of the city election must Ik- paid in advance hy the franchise applicant. I.eavenworth adt.pted the act I'ehruary 11. ic>i«. hy i.93_. to 1,585. hut Wichita rejected it. De- cem!)er ;^. iCfCt';, by 3.2(k. lu i.jiS. 9 131 THE INITIATIVE, REFERENDUM AND RECALL In conservative Massachusetts two cities havehlazed the way to direct lej^islatioii in the charters which they have just ailopted. Haverhill was the first to accept the new law, chapter 574, hy a vote of 3,066 to 2,242, at a s|)ecial election October 6, 1908, followin^j the model of Des Moines exactly in the various percentages re(|nired for the initiative, the referendum and the recall. Gloucester accepted chapter 611 on Novem- ber 3, 1908, by 1,762 to 1,400. Twenty-five per cent, is re(|uired for either the referendum or the initiative, and the recall is not authorized. Kansas City elected a board of freeholders under the home rule ])r()visions of the Missouri constitution and adopted the charter prepared by them at a sjjccial election August 4, 1908, by a vote of 14,069 to 5,219. The recall which was submitted as a separate proposi- tion was lost, not receiving the necessary four-sevenths of the total vote, the figures being 4.009 to 2,724. All franchises are subject to a twenty per cent, referendum within sixty days and if a special election is called, the expenses must be borne by the person or corporation in whose favor the ordinance is enacted. A ten per cent, initiative petition can cause amendments to the charter to be submitted to a general or special election at which they must be accepted by a three-fifths ma- jority of those voting. North Dakota and Mississippi are other states that in 1907 (see chapters 45 and 108) provided for a popular initiative of ten per cent, to call for special elections to act on the question of adopting commission government charters in cities. 122 DIRECT LEGISLATION IN AMERICA Wisconsin, in chapter 670, authorizes in F907 the same jjopular initiative of ten per cent, to bring l)efore the voters of any city the f|ii'.M,, 1 ,,f accepting that act which forbids party (lesigu.jr.ns .,p n .r lination jwpers or official ballots. At the other extreme .1 4.. tl.. r^-nmission form of government is the plan ad-^jUeil at Nevviwrt. Rhode Island. June 6. 1907, by a vote of 1.804 to 1,161. where the representative council consists of the un- usual number of one hundred and ninety-five members elected from the fixe wards, with a mayor and five aldermen. One hundred electors may initiate a peti- tion for any ordinance or expenditure of money ex- ceeding ten thousand dollars and if the council refuses to pass it, a second {jetition of three hundred electors, or roughly six per cent., causes the proposition to be referred to s})ecial ward meetings of the qualified electors. All votes of the council requiring the expen- diture of a similar sum, in addition to the regular ap- propriations, are subject within seven days to a refer- endum petition of one hundred and fifty electors and must then be referred within thirty days to special ward meetings. Other cities are now considering the adoption of direct legislation under new charters, among them be- ing Milwaukee, Wisconsin, Berkeley, California, and St. Joseph, Missouri. No instance is recorded of any city rejecting direct legislation after having once adopted it and tried it. Special elections should not be held except when 123 ^W. IT A THE INITIATIVE. RRFEkF.XDUM AND RECALL llFjj ! i tlic (|ut'stions to l)c prt'seiitt'd arc of extreme inijxir- tatue and such as to arouse the coniinunitv to exhibit its interest hy a lar^a- vote. Under such coiuhtions special elections are justifiable because they further tend to keep the questions out of jKilitics and allow them to Ix? settled on their merits. Therefore the jx-r- centages requisite for summoning special elections should be comparatively high, while in other cases they should be reasonably moderate, and the time within which a referendum petition may be presented of suf- ficient length so as not to make the burden unreason- ably arduous or impracticable. Experience shows that neither the initiative nor the referendum is abused by an excessive number of petiticjus. Nearly every form or combination of forms in municipal government has been tried and hitherto has been more or less of a failure. Two fundamental dif- ficulties have been experienced. The masses of the voters have been unfortunately divided by allegiance to and consideration of national or state partisan organi- zations. The influential and projierty classes have too often had financial interests at stake in the (luasi-pub- lic service corporations which have prevented them from considering municipal questiotis with an eye solely to the general welfare of a community. Direct legislation is of immense gain in concen- trating the attention of the voters upon measures and not men. Partisan consideration can no longer domi- nate. Instances are numerous where party candidates have won, but the measures they advocated or had 124 DIRECT LECISLATION IN AMERICA passed have been (K teated. Not only is the interfer- ence of national partisanship in municipal affairs very largely rcdnced and neutralized by the initiative and the referendum, hut there i. i simultaneous movement for its elimination by legislative enactment. The char- ters of the Des Moines character expressly forbid par- tisan designations upon the ballots. CHAPTRR V THK REFF.RKNDUM IN THE ITNITED STATES ' Knowledge can he made useful as a basis for pub- lic action only by the general acceptance of principles which become thereby commonplace; and in politics one of the most trite amonjj; these is the doctrine that the value of an institution depends upon its harmony with its environment. The referendum, or submission of laws to direct popular vote, has grown up in com- munities whose other institutions have differed in many respects from those of England. To point out those differences and exjjlain their effects would require more space than the pages of a review will allow. In fact, to compress so large a matter into so small a room it is necessary to limit one's horizon still farther by exclud- ing all subjects not strictly germane to the present dis- cussion in England, such as the local referendum, that is, the popular vote of the people of a city or district upon a question of purely municipal character or upon the application of a general act to that district alone. The referendum, in the restricted sense of a sub- > By President A. Lawrence Lowell, from The Quarterly Review, June, iqii. 126 Reprinted by permission ■^.r.i:> j: RLFERENDUM IN THE UXHEI) STATES mission to a vote by the whole electorate of tneasures passed by the representative body, has been introduced in three different forms at three different iK'riods of American history. The periods have to some extent overlapped, yet the movements have been so far dis- tinct that it is convenient to describe them separately ; and, in fact, we can reco{,'nize three notable waves of the movement for direct popular legislation, each rising higher than the last. In New ICngland, before the Revolution, the mem- bers of colonial assemblies were often treated as dele- gates appointed to confer together and report to their constituents; and after the end of the colonial period there lingered a kindred practice of instructing the rep- resentatives in town meeting. But leaving aside these early types of democracy, the modern referendum first appears in America in the form of submitting state constitutions to the [)eople for ratification. This was done in Massachusetts in 1778, when the proposed " l*>ame of Government " was rejected by the voters ; and again in 1780, when the constitution that is still in force in the state was adopted. New Hampshire followed her example immediately afterwards, submit- ting to the people one constitution which was rejected in 1779, and another which was ratified in 1783. It was nearly forty years before the procedure was copied elsewhere, but the custom then spread rapidly; and after 1820 almost all new state constitutions were sub- mitted to popular vote. The uniformity of practice has been seriously interrupted only on two occasions, 127 i 11 TIM- INITIATIVK. RKFIi kKXDlM AND RKC ALL I each the result of wholly exa-ptiona! conditions. The first occurred when the southern states, durinj.; the stress of secession and reconstruction. dis|K'nsc«l with the practice: the secotid. when several (.f these slates followed this precedent in their recent effort to dis- franchise the nc.i;roes. The situation in the last of these cases was anoinal(.ns. To sul.init to the old electorate the (|nestion whether it would withdraw the sulfra-c from a lar^e part of its nieinhers was clearly to imperil the result ; and hence in several of the states a o.nvention framed and adopted a new constitution without a popular \ote. The action showed no distrust of the general princii)Ie; and it is safe to rej^^ard the doctrine that a state constitution must he ratified hy a vote i)i the people as a firmly cstahlished tradition in American puhlic life. Ihe practice has hccn applied not only to the re- vision of the instrument as a whole hy the adoption of a new con.stitution. hut also to what the Swiss call a i)artial revision— that is. the adoption of a particu- lar amendment ; a provision cmpowerinj? the legislature to enact amendments subject to ratification by popular vote being embodied in the constituti(jn itself. Such a provision first appeared in Connecticut in 1818. and was copied by other states until it became almost uni- versal. When we remember that the constitutions, especially among the newer states, have been growing more and more elaborate, including many subjects nor- mally within the range of current legislation, it is evi- dent that the constitutional referendum covers a very 1^8 REFEREXDIM IN' THE I'MTEO STATES wide fifld. Still it is a difTcrent tiling' from a j^'cncral refirfiidum oti ordinary laws, especially in America, where the stream of statntes is swollen to such a tor- rent that the arts of statesmanship have been larjjely applied to the construction of dyk<'s to prevent it from floodinjr the country. Since the u 'ters comprised in the constitutions have been those i. at were deemed relatively i)ermatKMit. the i)opiilar vote on constitutiotial questions furnished by itself imjjerfect evidence of the way in which a general referendum would work; and yet it is only in this form that the referendum in the Um'ted States has endured sufticiently long, and has prevailed widely enough to justify conclusions drawn from exi)erience. In measuring the value of any jxjpular institution which is intended to bring public opinion to bear uiion political aflfairs. we may properly ask ourselves four questions : whether it has really any substantial eflfect or is an empty form; whether it fairly expresses public opimon; whether the opinion so expressed is wise; and whether after long experience it retains general respect. That the constitutional referendum has a substan- tial eflfect t:;?re can l)e no doubt, for amendments re- ferred to the people are often rejected. It has been asserted that legislators sometimes pass on to the iK)pu- lar tribunal amendments in which they have little faith, in order to rid themselves of uncomfortable political questions; but such cases can form only a small part of the measures rejected by the people. A few figures quoted by Dr. Obcrholt«r are conclusive u..on the^'ree- 1^9 TIIK IMTIATIVK. RKI KKKXDUM aN'D RECALL ( I • loin with whith the \<»tcrs refuse their nssctit to meas- ures they (l«» not hki-. Ik- tells ti> that tlu' /.cj^isla- ti:r Ihillctin ..f ihe N.w N ..rk State Lihrary for the year-; 1K95 to \Xi)y gives, for all the states, one liun- (Ired and teJi constitutional .nniendnients suhmitted to fKijnilar vote, of which fifty were ratilled and sixty rejected. In a'l earlier periodical, coverijij^' the six years from 1SH6 to 1S91. lie finds one htuidred and sixteen amendments so suhmitted. fifty-four of them licinj? accepted and si\ty-two rejected. Whether com- plete stati.stics for a century would show that more or less than f>ne-half of the amendments to state consti- tutions had survived the ordeal of a popular vote, it is certain that the proportion rejected would prove the hallot to he no empty form, hut a hij^hly effective in.strument for defeating proiM)scd changes in the fun- damental law. I low far the result of the popular vote on legisla- tive proposals fairly expresses puhlic opinion is a much more rlifficult question, on account of the smallness of the Vote cast. The vote on measures is always less than that for the principal puhlic officers to be elected at the same time. .\s Dr. Oherholtzer remarks, only " ahout a half of all those who know their own minds respecting candidates seem to care anything alx)ut measures." Legally those v,ho do not vote are neg- lected, and that is the only way in which the referen- dum can practically he used; hut when twenty-six i)er cent, of the people vote for a measure and twenty-four per cent, against it, one would he rash in making any 130 REFERENDUM IN THE UNITED STATES positive assertion about public opinion on the matter. The ex|)ericiuT of Massachusetts — a conservative rotntnonwealth witit a ^oo<| lej^islature, wliose |)eople have practised the art of jKipular votinj,' on constitu- tional (|nestions lonper tlian any other comnnuiity too lar^e to meet in a general assembly — may Ik* «»f inter- ef' on the two (|uestio-^s alrvady discussed. Since tin.' adoption of the constitution of I /So there have Ik'ch submitted to the iK-'oplc fifty-eij^ht (|nesti<'ns, of which thirty-nine were answered in the alVntnative atid nine- teen in the negative.' The rejection of one-third of the proposals shows that the people had a mind of their own : but the variation in the interest they ap- jK'ared to take in the diflferent measures is surprising. The votes castat the referenda have varied from a num- ber slightly in excess of those polled for the candidate ('or governor in the same year down to one-thirtieth part thereof, two measures being actually carried by less than 4.500 aftlrmativc vf)tes, although nearly 170.- (XX) were cast in the election of the governor. On ten measures the number (»f votes i)olled was less than one-fifth of the mimber cist in the election; on forty- two measures it was less than two-thirds; and it must be remembered that only seventy-five per cent, of the registered voters cast their ballots even for governor. In this connection it may be observed that the vote is almost always larger on measures which have l>een m • One of those rejected relating to the introduction of woman sufrra>>,e was merely of an :«lviriory nature. 131 ^ THK INITIATIM:. RKIKkl'NDUM AM) klXAI.L rt'jfctnl th.ui «>ti tiK.sf which have liecu ar|..|.tn|. In only two instaiKcs ..f am-ptaiuc. indeed. ha> the total vote exaeded tvv<.-thinK nf that east in the election for j,M.vernor: and no constitntinnal anien«hnent has been ratified hy a majority of the electorate. In cases of rejection. Ii.»\\f\er. the vote has nstially l)cen close, whereas in cases of adoption the inarjjin h.is c<»ininonly U'cn toiisiderahic; so that a small total vote may have signitied not otdy ap.ithy hnt in i>art also conlidence in the rcsnit. The third <|nestion— whether the popular opinions ex|)ressed hy the constitntional rcferendnni have been wise or nr.t— is not a simple one. The answer will depend very nnich on the pre|M)ssessions of the iwrson who makes it: hnt a snr of the fifty-eiKht jxipnlar votes which have takea , ce in Massachnsetts since 1780 leaves the impression that almost all those of titiitinns r)f sev- eral states prnvi.linj,' ihat ihe action of the lej^islatnre upon certain sjK-citic snhjects slonM n.tt l»e valirM AND RFtAI.I. 1) - willtoiit «iinNfilnli..n.'i! niithnrify :\ hx'\^hilmv ontHtot l ilM'If |Miif.iliiIily fur U')>i^l:ilii»ii liy Nliillitiji; if iin III ilii- xlionldiTs t.| \\w iltti..rs. It can. of » .1 eonseimts iniit.ttion o| Swiss inslilnlio!!-. , uiil il h.ts nsnally heen if'n|)leis initi.itixe. whenhy .1 (i\e<| ininiher of riti/ens e.m |>ropose .1 law .ami re(|nire .1 |Mipular \oto thereon, 'jhe nio\einent lia^ h.i8, nih'i in the do/cii )ears l.U I Kl'MKF.\r)rM IX TIM-. I NIIIJ) STATKS that liavc jiasscMl siiuf that «latf l>y rtali. Orc^jon. NV- vaila, Mont.nia, Okhihntna. Maiiu-. MisMMui. .\ri/i»na. Arkansas, (ulurail't anf Ihc rimiitry aii i-arly \i> say what ihr tlhri of tht- iiisiitntiot) ,.il| U'. A nen- t-r.-iiioii mnsi ],.{<-> |.»|"..n- ih.ii tan Ik- <|i-tiTmim'i| ; hut tin- use that has ariually U-en iiiahr.! in S(»nth hakola a do/iii ytats ayo. it wa ' lirst, and has iK't-n tiscij far more fneiy, in < )rej^'o,i. No • •thiT state. fniJiTil. made any nsf of it nntil K^oS; and in OrejLjf.n tlu- |Mr|.nlar votts midt-r tin- ntw provisions have l)een three limes as tnimcrons as those in all the other statis eotnhined. l!nt ii, makinj; this statement it is neeessary to diserimiiiatc U-tween tin- ilifTerent kinds of direct lej,dslation. In Switzerland the initia- tive has iH-en used little, and rarely with sneeess; and. save in ()rej,'<.n. that has Ikh 11 the casf in tlie Ameriian states. As vet they have put it in (>iK'ration only half a di»zcn times; and the measures pro|M.sed have always heen rejerted. I'.nt in Ore^'H it has k'en used in the last ei^ht years for no less than forty-eij^ht measures, itu!ndin<.r constitutional auKiidniunts; and twentv-five of them have hern adopted. The referendum, on the other hand, has I.ci-n hitlu-rto less of .m Orej^jonian monopoly. Iliat state has rt-ferred to popular vote. US TIIH INITIATIVF. kl.lT.KKXDLM AND RECALL ll either by petitiuii nr \,y tlit" action ,.f the legislature itself ill aecnnlame with a power conTerred upon it, nine statutes, whereof four have heen ratified and five rejected; while in the ..ther states thirteen acts have l)een so referred, uf which four have heen ratified and nine rejected. With the enormuus mass of lej^^islation in America one feels impelled to ask to what lenj,'-ths direct legisla- tion will ultimately grow, and whether a people that has any other occupation in life will be able to carrv it on intelligently. More than half of these popula'r votes occurred last autumn, with the result that in Ore- gon the people voted uix.n thirty-two different mcas- m-es. besides voting on candidates for oftlce ; and in South Dakota, where the measures, although less in number, were printed in full, the ballot was six feet long in small type. Perhaps for tiiis reason the people, except in Oregon, rejected almost everything presented to them. In Oregon, however, to their credit be it said, they were discriminating, accepting nine and re- jecting twenty-three of the measures submitted. The.se ranged over the whole ground of legislation — li(|U(jr laws, taxation, employers' liability, woman suffrage, state railroads, good roads, nominations for office. i)ro- portional representation, reform of juries and judicial procedure, fi.shing in Rogue River, the salary of a judge, eight separate bills for creating as many new counties, and siuulry other matters— a programme that might overtax Parliament for a decade. The average vote on all these measures was nearly three-quarters 136 REFERENDUM IN THE UNITED STATES of that cast for governor at the same time Equity, the periodical devoted to the cause of direct legislation, asks : " Now do you not think that Oregon, with her thirty-two measures, stands vindicated ? " Truly the citizens of Oregon are a remarkable people, and the institution they have brought forth is an infant Hercu- les; but whether or not he has shown wisdom in his cradle, and whether his presence has had a salutary influence upon the state economy, are questions on which the doctors disagree. An effort is now being made to extend direct leg- islation to national affairs. This has not hitherto been done even in the case of anicndnients to the federal constitution, because that instrument was originally framed by delegates from the several states, was adopted by the states, and provided for the ratification of amendments by three-quarters of the states. What- ever theory may be held of the national sovereignty, there can be no doubt that historically the federal con- stitution was based upon the assent of the states ; and the practice has never been changed. This can readily be understood if one considers the improbability that any plan for a closer federation of the British Empire or any future modification thereof, would be submitted for ratification to a popular majority of the Empire as a whole, without regard to the opinion of the com- ponent parts. Before a referendum, either on consti- tutional amendments or on ordinary legislation, can be applied to national questions in the United States, the principle must make a great advance in public favor. 10 137 THE INITIATIVE. REFERENDUM AND RECALL Much has f3een said in England aI,ont the expense' of a referend.nn: but on this point American exi^eri- encc ,s of httle vah.e. both because the total cost of a poll differs i,i different countries, and because in the I n.ted States a referendum is habitually combined ^v.th an election of public officers. American elections ."■e periodic, pnblic officers of some kind being chosen liroughout a state as a rule every year; and the popu- ar vote upon a legislative measure is usually taken at the same time. In such a case the expense of the ref- erendum ,s merely that which is entailed by bringing the matter before the people : but this varies greatly As to the bearing of American experience of the referendum upon the .solution of H.iglish problems it |s difficult to speak. There is in England no sharp dis- inction between constittitionai and other measures, and iH-nce no clearly defined class of laws which woul.l be regularly submitted to ,)opnlar vote; anr the i>eople— all the people— the blessinjrg of life, liberty and happiness. They devised institu- tions and machinery to that end. To-day, after the lapse of a century and a quarter, combinations of power have grown up under these institutions in the face of which, f.>r multitudes of our population, life is precarious, liberty practically despaired of, and happiness, except of a kind enjoyed by the Roman proletariat or the plantation slave, un- known. We know that no one would be more impatient of such rnditions than our revolutionary forefathers, and more resolute in seeking a remedy. Honor to tl. • lemory requires us to scrutinize their work, and t. ..^dernize it if necessary, just as they modern- ized their inherited institutions. .u .?^ Professor Lewis Jerome Johnson, based upon an article in the New England Magazine, J„n<., i«)oq, and the Chirago Public of July 30,1909. and later reprinted by the Massachusetts Direct Le»j. islation League. 139 If y 'I q THE IXtTIATUE, REFERK.vdum AND RECALL AccnrdinKlj- wo ,„r„ (Irst In ,|,e spirit .-,,,,1 |,„r,K,ses "n-lerl3„,K ™r ,„ ,i„„io„s. W, f„„| „„„,.',„ [^ use. oven aflcr nil ,l,is ,i,„c. Uc cnn s.L-s ,o ..r«l «,, , „ „„, c„,l,„.si..,.„„ by „,e i.|eals „,„■„« I '>>■ ..ur f„,l,ers i„ f„„„,li„j, M. rcpithlio. the i,W 1. Uv turn next t„ tlu- ,iet.-,ils „f their g„vcr„„H.„,al ■"nchn.ery. UMc i., Icf, „f their in.h.strial ," "d a.ul ,,,s.„,„,,.„s. a„.l perhaps their ,.,htica, ,..;";" tt a o„t „f ,|a,e. If „,ey are. |.«sihly i, is „„( ,„o ,„e s,,pp,e,„e,„ the,,, „r replace the,,, with ,,etter. he e« ^la.,ve ,„a.„„ery „„,lerhes ah el.,e. We observe mt o„r ,a„,„al<„„, is e„tr„s.e,: to representative bo ,! east ,,r, '"71"' "' ""■"■ '^'"''^-^ '^^ """»"•••">■ at east, under pubhc control, but the output (except :.n>e" 'lie preedv a„. of course, amend or rejK'al existing laws. The referendum enables the jKople, by direct popu- lar vote, to veto recent enactments of their representa- tives. The initiative corrects sins of omission. The referendum corrects sins of commission. The initiative is .set in oi)eration by volunteer groups of citizens— civic. laUjr. or mercantile organi- zations—who draw up laws which they think good for themselves, or the public, or perhaps both. If they can get a certain moderate i)ercentage ' of the voters of the city or state to sign the rc(|nisite iwtition the meas- ure goes to the council or legislature, and if this body refuses to adopt it within a specified time without amendment, the measure must be transmitted un- changed to the people for their decision. If the leg- islative body thinks it can produce a better enactment to the same efifect. it may draw it up and send it to the people, with the other, as a competing measure. The voters then choose bctweeti them, or reject both. In some jurisdictions, notably Oregon, initiative meas- •Thc number of signatures required in these petitions ranges, in different states from five to eight per cent, of the voters for initia- tive petitions for ordinary laws; from eight to fifteen per cent, for initiative petitions for constitutional amendments; and from five to fen per cent, for referendum petitions. The usual percentages are eight for initiative, and five for referendum petitions. :,-:S533tfMW-'t~" ALLY OF REPRESENTATIVE GOVERNMENT iires go directly to the people without previous sub- mission to the legislature. Other nioditkations in de- tail may be exi)ected as time goes on. The referendum, likewise upon petition, brings newly passed legislation to ♦he popular tribunal for veto or confirmation. The need of interference with the work of the rep- resentatives is greatly reduced by the mere existence of the system, and the numl)er of laws actually coming to pysteinatic means, iiuUpendenl of the newspajHTs, of furnishing each voter the full text of the measures to Ik* voted on; the condensed form in which they will he printed on the hallot ; statement of the reasons for and against each measure; and the names of those hehind each profiosition. In Oregon, the secretary of state edits this informa- tion and mails it in |,amphlet form to each voter in the state fifty-five days l)cfore election. At least eight weeks have elapsed hy tiiat time since the circulation and filing of the i)etitions. This is found to afford ample time for deliberation and discussion, and the pam|)hlet provides an adequate basis for decisions. Those who wish to insert arguments in this pamphlet pay the cost of paper and printing — some eighty dol- lars per page — and the state bears the rest of the cost of the pamphlet and its distribution. In initiative cases, supporting arguments are accepted from none but duly accredited representatives of the friends of the meas- ure; any one who will pay the cost, however, may in- sert arguments against such a measure. In referendum cases arguments upon either side may be inserted by any one willing to pay the cost. In the election of June. 1910, when thirty-two measures were acted upon by the electorate, the state pamphlet was a d(KU- ment of two hundred octavo pages. Oregon voters 144 ALLY OF RKPRKSENTATIVE GOVERNMENT protect themselves still further from false or mislead- inj,' campaij^n literature In a provision of their admir- able Corrupt Practices Act — a comprehensive measure based on ICn^lish practice, which came from the peo- ple by the initiative — which prescribes a heavy |K'nalty for circulating p )litical literature without the names of its authors and publishers. In Oklahoma, there is a state pamphlet for inform- ing voters as in Oregon, but with some interesting dif- ferences in detail. In Oklahoma, as is proposed in Massachusetts, initiative measures go first to the legis- lature. Hence all popular voting is upon measures which have had recent legislative action. A joint com- mittee of house and senate is therefore naturally called upon to prepare the arguments supporting the legisla- ture's position. The opposing argument is drawn up by a committee representing the petitioners. The ar- guments for each side of each measure is restricted by the Oklahoma law to two thousand words, one- fourth of which may be in answer to opponents' argu- ments. The direct argument on each side is prepared and submitted to the secretary of state, who transmits it to the opposing side to serve as the basis for the rebuttal just mentionetf and thus complete the argu- ment. These arguments on all the questions are then assembled in the state pamphlet and distributed to all the voters of the state a suitable number of weeks before the election. The cost of printing and distri- bution is borne by the public treasury. The Oklahoma plan has some striking merits. It requires the Icgisla- 145 %. THE INmATIVK. KKIKKKNDLM AXD RKl ALL N U ' U I m i tiire to state tlir rfaH«»u for thf action whi'h it has taken. I)«)iil)tli>s this reason is often j^oo«| and Mifti- eient, hnt iKThaps more rertainly so when tlie law- makers know in advance that they may have to de- fend their position. The Icf^islatiire's views on the measnrc shonhl Ik* of jjreat vahie to the voters. More iniiK)rtant still, it ensures the presentation of a nejjative arj^nmcnt. l*'.\|K'rieiice in Oregon has already shown that a negative arRument is not always forthcominjif when left to Ik; siip[)lied hy volunteers. A campaij^n of silence is sometimes wisely preferrcfl hy interests at whom an initiative measure is aimed to the revelation of weakness which would result from a formal attempt at defence. They well ktiow that voters are likely, from sheer force of hahit. thought- lessly to concede more in the defence of a lonj^-estah- lished wronjT than its l)cneficiarics would dare claim for it. The Oklahoma plan of informing voters re- f|uires each si«lc to show its hand. Hluftinj^ is elimi- nated. Privilege has to come out in the n\wu and state such case as it has. Silent contempt is not i)ermitted to do duty as argument. Both the Oregon and the Oklahoma systems of disseminating information do much to forestall the misleading of Noters through the newspaiKfrs. Some expense is involved, hut this i)oiiit is not apt to he pressed except hy those opposed to the whole system on other grounds. The hody of voters well understand that one had law or one carelessly granted franchise may cost the puhlic in actual dollars anrl cents many times th.c cost of the state pamplilet. 146 m ALLY OF kKPRKSKNTATIVK (.OVERNMENT 'j.^' Siipplrnifti!c«l l>y the initiative ami referendum, tt» serve as a |Krniam'iit lKukj^r«»un«l an in Suit/crl.uMl ami m tlu' Ntvv MriL;lan> ait ufxtn thi'* prifuipk-. In S\\ ilzcrlaml it is tari* that a nrw im iiiUr ip|»cars in a l«'Ki««lati\i' ImmIv cmt|»i to I'M - .u.t'uy «hi«- t«! l,< > taiovil in oIVkt practical)) for life, their anni •! i'« cct '»ns U'injf fre- «|iiently nnc«>ntcstelatiire thus rol>l)c«| of its charms for a'l Init < ic f»ul»li. -■-pn it«I to rmi, of provcfl merit, real legislative exf>eit- in yHn\ unmbcr iiia\ jiradnall) Ik €tl, and may \iide the mark to wonder whether rei»resentafi\e govern- ment is a failure, We l)eRii to realize jjiat ii has not yet been fairly tried, at least !K»t in recent ye - We realize that (»iir lej;islator> have hcen workinj; ittder almost intolerable cotulitions. They ha\e l>eei: con timially cx(n)sed to temptations that no ordinarv man onj^ht to Ix* asked to face, and it is a tribute '^ human nature tli.it sr >umy of our iejjislatoi s havt ^lived '^trai^ht With the initiative an m husiness, uhicii is all that is wholesome or attractive to worthy citizens of a democratic republic Phat final cnartinjj I)ower is far from essential to the dignify of a legisla- tive lx>dy is shown by the un-.vcrsal rc-[K.ct in w'- h 148 mm AU.V < tF MFF'KESFN'TaT1\ F: «;oVKitKMFVT our AmcrUai on tuut utwl cutivfmi ns lave ahvayi Whir a ufTicieii. • f p^ w -r h thii lef; with tlu- rcprcM'Utatiwv.. a - .uiar, tv ease >f ri-^i >«>fiil»ili«v ij, tluuwu in»«m tht \"Wr. l\ l»rit i;» li-m. I" •«»<; }>ur- jM»stf, into closi I Unuh with rrr; t affair*, tnaMrs hill J tc» \nH fitr nwasun- iTKii fr«'«" m*^ »'»«1 ^<'' m^'H ai*arf frd' nvn mes. e t >r» Jjeirin -uine tlie hlaUir' of a niu... tt> <•«•« mr well .. Mi fan V It wi)' ctia lK*si«lts tiu it. Sj >f rci^" in fact as ■'U -clllt* M.ine- i\ I C)' ,vl ( >»r w erclv t«> iinX ihev were fxiwctcd lo be 'ijmsitcs wliicli rarely rep- ^hcst way, t!ie views uf any iVice- fac- i.iw I on. tiling' , ' in . iicti Imltlers, \\lii''i n tion Khali who now t. i sp-h A.jrk. rijc average voter's par^ ;: the work is ikl fieratio' . !Scns«ion and the registry of his de- nmn. I his is le task for him ; the only novelty is in having a cliancf to do it intelligently, and to sef h: decision go into effect. 149 (1 for the voter, tnongh in- j;le It ilitTers wiilely from rv si e. The originating and :4'-^ fL T^ 'ttirii THE IN'ITIATIVR. RF.FEREXDUM AND RECALL 'llie voter. ^oiiiR^ into the liooth. lias known for months just what is coming up and in just what form it is cominp up. There is no tliought of possihle amen(hnent. With regard to each measure he has sim- ply to approve or reject. He has had plenty of time t(t make up his mind. If a measure is ohjectionahle in purpose <>r form, or is lackinjj in clearness, he will of course reject it and await — or cause — its reappear- ance in a m(»re acceptahle form at a suhsequent elec- tion. The \oter is thus more like a juror than like a lej,Mslator. His capacity for intelliji^ent. discriminatinij work at a single election is therefore large — much larger, as experience shows, than at first thought might seem possihle. In 1909. for example, the voters of Portland, Ore- gon, in a city election, hesides voting for mayor and other officers, voted discriminatingly and with sus- tained interest on thirty-five measures, thirteen of which they passed. The average vote on each of the thirty-five measures was slightly over eighty-one per cent, of the total vote for mayor, with a range from seventy-five per cent, to ninety per cent. The majori- ties, hoth yes and no. were sometimes heavy, some- times light. There is every evidence that the voting in each case reflected the calin judgment of the voters. In Denver, in the election of May. 1910. the voters, hesides electing city officers, dealt discriminatingly with a list of twenty-one measures, some of them trickily worded. Moreover, in this case, they had to face an enormous corruption fund and all that the ISO ALLY OF REPRESENTATIVE GOVERNMENT romhined party inaihines and selfish interests could do to mislead. Tlu- result was a triumph for the peo- ple at every significant point. The people's capacity for direct legislation is not likely to he suhjected to severer tests than it has «' ready stood with signal success. Through direct legislation, the state will offer an attractive field of usefulness for such of her citizens as do not care to give up their whole time to puhlic life. Puhlic-spirited citizens, without dislocation of husiness or profession, may and will devote a much larger share of their time than now to the considera- tion of puhlic f|uestions. If they conceive of a desira- ble step in legislation, 1 • y will not have to contrive to get into office and to stay there 1< lUg enough to ac- complish their ends. They have a dignified and honor- able method of presenting to the final authority, for adoption or rejection, the best fruits of their labors, free from the risk of mutilation or distortion by ill- informed, overworked, or corrupt legislatures. This alone would be a powerful means of bringing sponta- neously to the public service, anc' at no expense, a large amount of talent of the best possible sort for which there is now little encouragement in public life. This is the talent on which we should depend for the most serii>us lawmaking, and which we now have little chance to utilize. The legislature w ill thus be facing a reasonable and wholesome competition and the public cannot fail to profit from it. Sometimes officeholders or party machine men THE INITIATIVE. REFERENDUM AND RECALL r> t profess a great fear that direct legislation will result in *' mob rule.'* This must be taken t.) mean that they fear, probably with reasiiU. that the people, after weeks of deliberation and with adequate information, would not supi)<)rt their pet schemes. Prospective abundance of popular majorities in their favor would neither excite their alarm nor be called by them " mob rule." No: mob action finds a more promising field in nomi- nating conventions and even town meetings, than m the long process of gathering signatures, weeks of discussion and deliberation, and the ([uiet vote on an Australian ballot in isolated, individual booths. Direct legislation is not only a safeguard against mob rule, but against the only thing likely with us to lead to violent revolution, n.-mely. machine rule for the benefit of the privileged few. Majority rule precludes both mob rule and machine rule, for majority rule brings into play the great patient mass of honest, hard- working citizens, ordinarily silent and little felt. They abhor alike the violent methods of the mob and the intriguing of " politics." No less do they shrink from making themselves individually conspicuous in hope- lessly ijrotesting against powerful wrongs which they can. though they ought not, endure. They uiC likely to suffer in silence until driven to extremes, rather than seek relief through the distasteful and inadequate means now at their disposal. To provide the people with orderly and regular means of expressing them- selves on equal terms with all their neighbors, with the certainty that their will thus expressed will take effect, 152 ALLY OF REPRESENTATIVE GOVERNMENT is the logical way to ensure the heahhy and natural progress which in the long rtui is the only preventive of violent upheaval. An additional advantage in direct legislation is the education which it affords the average voter. One cannot help l)elieviiii; that the conse(|ucnt toning-up »jf the public standard of thought and morals would be in the long run the most ijnportant feature of the sys- tem. Direct legislation tends thus automatically to produce a highly trained and self-respecting electorate, and to lay the deei>est and most promising, foundation for permanent good government. Direct legislation is the only orderly means known fi— an.l its a.L.pli"" in the last .leca.le hy city after citv an.l slate after state in this country. Direct IcKislati.'.n (usually accompanied fn ni the start hy the recall) is an essential feature of nearly all modern city charters, an.l those witli.mt it will .louhlless have to a.lil it s....ner or later t.> ^et satisfactory results. Nota- ble anioiiK' the direct legislation cities stan.l L..-^ An- gelas Des Moines. Haverhill an.l (d..ucester. and the newest recruits, lierkeley. California. Coh.ra.l.. Springs, (iran.l Junction. Clorad... an.l lUirhngton. l..wa. Similar examples among the states are S..uth Dakota since iS.^H. Oreg.Mi since up-', Montana since u,o(K Oklalu.ma since uyoj, Maine and Missouri since ujoH, Arkansas an.l Coh.rado since kjio. an.l .\ri/...na and California in 191 1. For examples ..f the efTect of .lirect legislation, we naturally turn first to Switzerlan.l. where it has heen in operation ..n what may he called a large scale for hfty t.. eighty years. With the aid of .lirect legisla- tion as a result of its nv.ral influence as well as hy its direct application, Switzerland has. ^.'herevcr she has 154 ALI.V OF KI-.PRKSFXTATIVK fiOVKkXMKXT iipf'licti it. rid luTsflf nf the inisnilc and cxplnitatioii wliicli were previously rampant, as they had hecn for renturii's, in all except the niintite hut ultra-de-norratic lantoiis.' Thanks to sound deinocratif idealism, sup- ported hy suitahle machinery for its expression, she has nt»\v come to he an admirahly {governed country. Mr. James Hryce. the present British amhassador to the I'niteil States, declared to a Camhridjj^e audience in ielf with the initiative and referendum. She has still the unperfectcd or " |)ure " representative system characteristic of onr American states and cities and of the old times in the rest of Switzerland. This brings with it. there as here. Ihjss rule and all that boss rule implies. The legislative hotly is nominated by the l)oss. elected by the people and managed by the boss. Prominent citizens are skillfully kept in line by a share in the plunder for themselves or for their churches or philanthropies, or by fear of loss of favor with the two chief banks, both creatures of the boss. There is bril)ery. extravagance, subordination of the general interest to private business, the heaviest per capita cantonal debt in Switzerland, and the public apathy which tiaturally f<»llows widespread hopeless- ness. The agitation for the initiative and referendum is still kept np by TrilMUirg patriots as their only hope, but all orderly means of success are in the control of 156 ALLY OF RErKESF.NTATIVK (lOVKKN'MKN'T (he boss who, of course, fights thcni and will fight them for his fiohtical hfc' As a contrast to Priliourg. it should lie observed that the chief cantons of Switzerland. Merne and Zu- rich, the former a farming, the latter a manufacturing canton, Ixith far in the lead of their neighbors in jMip- ulalion imd importance, are among the cantons having the initiative and referendum in their most radical and readily workable f«»rm. Zurich is clearly the tnost advanced of the cantons in this respect, and I'erne is surpassed, and at that oidy slightly, by few besides Zurich. In short, where tlie initiative and referendum are most readily set in motion, there have developed clean government and leadership in civic and indus- trial growth. In the only canton where tiiere is neither the initiative and referendum nor jnire democr.icy, there is misrule atui political apathy of the familiar American type. The Swiss success inider |)erfecteetween complicated candidates whose actions no one can foresee? 3. Is not an occasional vote on an ordinary law a natural and reasonable addition to our time-honored system of popular votes on state constitutions and tlicir amendments ; 4. Is it n(»t worth while to discntany:le measures from men at^d submit to popular vofj definite and dis- tinct propositions instead of mixtures of candidates, parties and platforms? To ask these questions in America is to answer them in the afTirmative. All parts of the country are IH9 if ■ THK INITIATIVE, KKI'liKliXDlM AND KElALL cninitii; t<» sec the |Kiint. Orcjjon, marly half as jarjfc again as all New liij;iaiinse-cleaiom in Mississippi, are alike active advocates of the initiative and referendum aft. r oba rving its eight years of operation in their home state. 160 ALLY OF RF|»KESENTAT:VE GOVERNMENT i$ pfoplc. ami Inmj^' «Urivcr jti j»imm| .ih ( a'^,u "». Ilii' iIk> ri v»liittl) 'Ini .III ihai wan pracfualilf i'miUt ilu mt'ilianual iuii(luiii(i> nt' Mluir tinir 'lliiy |irn\MUi| an I'Mi^ai"!) rck'rvu«lnm nii tilt- Idplinn and anKtiiltiiitu <>t lIu* (unstitulinn of the (oititnoiiwialth, even thii(iv;li it lumUi ami did take v\T«'k» to put llic lualtir to vote aixt >;et the return!*. An^ the spirit of the liliertydovinj; men who foninled this nation. Such citi/.ciis readily com- prehend the necessity of cojitroHinj,' the imjMirtant re- sults, and of not limiting' themselves to toying at k"^' ernment while |)ri\ilej,'e 'Hir fitnr'^'i flill exi i -some of thnn of New Kn({lan»l or othi r American st- |X)sitton l>y fa* ntes or maiiajjers of jK)!iticnl machines; the misrepresttitations hy professional I' hhyists and conspicuous )tVtcehol«lers. erIuK'd in irady-madc "edi- torials." all indicate that the initiative and referendum are measures jn^tly flestin" ' to receive at increasinf^ amount r •" public att. ution and r"^'; n( With I " initiative and reft, ,,.. in •! ' h.- we shall l)e et|viip|)ed as never l)cfo'. '< ; st enemies from within, enemies far more dar r •• i » (»ur fr dom than any fot ign foe. The initiative and referendum may well be the means of instituting on a permanent basis the resjxmsi- ble kind of rcpresentati\e jx<»vernnicnt wl'.'h our fa- ther'^ li\cd and oci- feration on the part of tho.se claiming a monoixily of the virtue may serve to banish skepticism as to the kind. But if the question were to be settled by epithets, there is some ground at least for asserting that they should be transposed in their api)lication. Representative government is comparatively modern; i6s mum «mppi ' f THE INITIATIVE. REFERENDUM AND RECALL i direct govcrumctit of the deinocratic kind is ancient; and the latter was dehheratcly discarded for the former hy the fonnders of our j^overninent. I will tmt cite such a statesman as Madison, not hecanse the heavy debt which the cause f the stlf-slyled Pro- gressives, he is set down as a reactionary. I will choose an authority who still remains alwive suspicion, and will take the author of the Declaration of luuv IKMidence. which even to-day is considered ra^ of " the e(|ual rights oi man." Tltdmas JelTersou dt-clared that: " Moileni times have the signal advantage, too, of Iiaving discovered the only device hy which these rights can Ik' secured, to wit,— government hy the people, act- ing tmt in person, hut hy representatives chosen hy themschcs." The framers of the constitution were entirely fa- miliar with the failure of direct democracy in the gov- ernment of numerous populations, and they were in- fluencee secured, and to put in its stead the discarde*! device of the ancients. Who, tlien, are the reactionaries: those who .are opijosed to the substitution of direct for rep- resentative government and are in favor of th pro- REPKESEN'TATIVE LKdISLATION prcssive principles of the American constitution, or t!ic --iipiHtrtfrs of Jirect governtm-nt who advocate the return to the reactionary poHcies which thousjinds of years a^o fleinoustrated their destructive effect ujxin the jroverunient ot' any considerahle i)opulations? It iloes not It. Mow that to he a reactionary is to be wrong, 'f he *ise reactionary may sometimes j)reserve the gov- ernment of a state, and even its civiUzation. Whether the initiative, referemhim and recall emlx.dy souml jvilitical principles must Ik- determined by other tests, lint their advocates should not mas(|uerade. If they choose to iittach to themselves any lal)el. they should frankly spread upon their haimer the word " reaction- ary. The framers (.f )ur constitution were endeavorinjjf tf) establish ;i ^overnnjent vvhicli should have sway over a ^^reat territory and a ix.inilatioii already large and which they knew would rai)idly increase. Tluy were alxnit to consummate the most democratic movement that had ever occurred on a grand .scale in the history of the world. They well knew from the ex|)eriments of the past the inevitable limitations uixm direct deiTKi- cratic gfAernn.ent, and. being statesmen as well as detnocrats. they sought to make their go\ eminent en- during by guarding against the excesses which had so often brought impular governments to de>tructio!i They established a government which Lincoln ca'led "of the poople. by the |)eople. for the jxjople." anecame Ivtf much (hhited ami 'h^M'lvfl. t\w evils of anarchy would r«suh. and ftiat there would follow a reaction to the other extrenw, with the resulting' overthrow of {Kipular rij(Hs. Ihey -sw clearly the line over which they niigbt not pass in |>retendt'fedilv to tfollow ; for they knew that the men nf the race from which they sjif^ng would not \f the state. And whtti I s|)eak (if the iii«Iivi(hial. T nieaii the iluef thinj^' that is :• cntial in the meaninj^f «>f the term ' the jK'ople." I iln not accept the latter term in tlie sense in which it is so often sweetly nsed l)y tliose who desire onr votes. I am nnah'i' to see how any j^ood, cominij to a mas> nf men. can Iv felt in any other way than hy the inthvidnals in the mass. .And until soinefiody shall point out a hi^dier consciousness than that of the individual man or woman or child, he can liardly he heard to deny that the imlividual man «ir woman or child is. after all. the ultimate concern of the vtatt Tht notioi! (hat there is a colleciive personality failed ■■ the people." separateil from the individuals win I Compose it. an^ues i>y whotn it was •'O tittinj^dy illustrated in practic- I cannot untlerstand how there can he any freedom that is not in the last analysis individiul freedom. How- ever }.jreat a mass of men yon may have in a nation, however jx.werful physically it may Ix?. if each indi- vidual is the victim of oppression, if he is deniers. ■tia- peti- fr.»es nent ome nent iiiay nen. ich, sjx;- sme he o a lay- by the on Ito of tng ■HH EEE^ ^. i THF IXITIATIVF.. RF.FERF.XDUM AND RECALL existed or ever will exist. When the advocates of a reform, ijjfnoriiij; tlie man of fU-sIi and hlood in the street, are eondnetin}.,^ their o|H'ralions with reference to this mythical |R'rson, they shonld emij,,fratt' to Uto- pia- > Is it for the interest of the individual mcmlKTS of our society tf> hnw the J4:reat mass of tis ]»ass n|Min the intricate details of lejijislation. to execute our laws and to administer jvistice l»etwein man and man? That I l)elie\f to Ik* in snhstance the (|uestion raised by the initiali\e. the referendum ajid the recall, as they are now practically applii-ii in at least one of the states of the Union, the example of which is held up as a model to the otlur states. With an inflnilesim.'il resjKJnsi- liility, with only one vote in a million, how seriously would each one of ms feel called ui«)n to withdraw 'from his own private pursuits and to explore in all itheir e imposing an imiM)ssil>le task, scattered as we are and unable to take common counsel, to recpiire v> in the mass to direct the work t)f government. I'irst, with regard to the initiative. In our legis- flation the work of investigation and of i)erfecting dc- itaiis is of such great ditHkulty that pro|M)«.ed laws arc 'disirihuteil among various committees, which are U'harged with the duty of cousiilering their e.xact terms The legislati\c Ixxly as a whole, although its members are paid for doing the work, canni>t s.ifely assume to pass ujK>n the intricate (piestions of legislation without investigation \)\ committees selected with reference to 170 ■■! REPRESENTATIVE LE(.ISI.ATION their fitness for the task. The |)r()iM)se(l law as per- fectt'.l hy a committte is I)roiijrlu k't'ori- the representa- tive asseinhly ami it is tliire aj,'ain (hscnssed and siih- jected t». criticism. iMith as to ixiHcy and form, and in this ())ien (Hscussinn defects often apinrar which re- (|nire amemhnent. and sometimes the defeat of the hill. And even with these safej,'uards laws often find their way iips to the |)eoplc ujKm the (|iiestion of its final enactment without tlie intervention of any lej4islature. Some man has a iK-antiful .i,a'neral idea for the advancement of mankiiul. hut l)eautiful fjeneral ideas are e.xceedin^- ly diftkiilt to put into statutory form so that they may hecome the rule of conduct for a multitude of men. Another man may have some selfish project, which, like most selfish projects, may lie concealed under sik'- cious words. The iK'autifuI idea or the selfish m heme is written hy its author in the form of law. and he proceeds to j^a*t the requisite num?>er of signers to a petition. With a due amount of energy and the pay- ment of canvassers, these signatures can he secured hy the carload, and the proposed law then goes to the people for enactment, and the great mass of us. (m the farm, on the hillside, and in the city, proceed to take the last stef) in naking a law which nine out of ten of us have never read. .And thi>; is called securiuL' 171 THK IMTIATIVK. KKI KKIA'Dl'M WD RKC AI.I. ]Mipttlar ri^Oits ntul |;ivii)){ the |a->cr >li;ur in tlifir i^ovtMUMH-nt ! TIu' iK'opk'. at tlu' tliTtioii iii Orcjjnn lieM in U)io, passfd u|Miii pr(i|M)sf(| laws wliiili lilUil a \oIninc i)tli ii|)iin hot!) ttit* candidates and tlu* |)r()- IHisod laws. In ilic «»rdinat> K-j;islativf IkmIv. made up of no difTcrrnt iiiatcrial I'mni that <>f wliicli tlic |k<>- ple art- (•nntjM)si'd, an important cpu'stioii may he con- sidered for a ilay. or even terform a d<-licate ()|)eration Ujion the eye. Hut if you say that of all of us in a lump, some iM>pular trihinie will de- nounce you. .And yet there is j.jromid for the heretical suspicion, admittinj^^ that each oiu- of the i»eople may have in him the making; of a i^reat lej.,Mslator. that there should he one simple ])rere(|uisite which he should observe in order to he any sort of a lej,,nslator at all. He should lirst read or attempt to understand 'he |)ro- \isioiis of a hill hefou- solemnly enactin^^ it into law. • 7^ ^.^ m rki*rksi;n I a I i\ i. i.ij.im.ai ion Otif » an startrly Ik aiciiM-M "t ln'Kiji">i •I'*" •|ti«"«iiMii til >a\ tliat llif M'tiTx wt'iihl nut iraii a \\li«tU« \iilnnif nl I.iw« iK'forr \utiiij; n|"'ii tlirin llu' --li^litrst IniH'W Ifflj^r ii!.| wairaitt that a>sfr linn. Ilt'vv many I'vrn ■•!' llii" nii»sl intcllij^fiit o|' (»in ih-o- plc. of cullfj^f priiiisvHs. (if nninstiTs, nail llu- siat- ntfs that have alrt-adv l)ei'n passed and that are to govern their mmhut? I'.ven lawyers are nitt apt to read them ^enerallv. hnt in eonneitjon with |K'irticii- lar eases. lint if s'ine proof were neeessary. one has only to eite some of the Oregon laws. I'or example, there are two nuihods of ptnsniii;.,' the salmon fisher- ies in the ( oinmhia Uiver: in the lower and slnjjK'^^' waters of the stream, fishinjf is done by the net; and in the np|)er waters by the wheel. The net fishermen desired to p-ohihit fishinj.j hy the wheel, and they pro- cnred sntVtcient siirnatnres and initiated a law ha\inj,' tliMi object in view. On the other hand, the wheel fishermen at the sanii' time wished to restrict fishinj.,' by the net. and they it^.tiated a law for that piirpise. Moth laws went iK-fore the |R'ople at the same election and they j.;eneronsly passed them Inith. and thus, so far as the action of the iieople was concerned, the f,Meat salmon fisheries of the Columbia were practically .stopi>ed. .\ law was '■ initiated " by siji,niatn'es and was en- acted by the jieople at the election in November. H)lo. jirovidinj.;^ for the election of delej.fates to the national politic.'d conventions by popniar vote. The law for- 173 r M 1 a I ME IMTIA'IVE, KlIKki.NDI M ANU Utl AI4- IkhU' tacli voter t«i vott- for iiumf raiKlidati- slmnlil Ik- |»riTuiiiu'iitly fitUi' ,,'>opiil;ir vote may h.ive l>eeii stronj^ly in favor of a j;iven candidate, it will iiol lie the fanh of this law. It seems rather siiiierthions to cite inst.inces to prove that, where the hnal lej.jisl.-itive Inxly is denied itlie power ot' nu'etiiijj; and discnssinji; the provisions of I proposed law. there will Ix' liM>se and fie.ikish lej^is- ilation of the vvorsl kin«l. Mr. WtwHlrovv Wilson. I)e- I'ore he essayed the e.xactiii}.,' role of the practical piAi- lician. declared kforc the stndents of Coliiinhia Uni- versity that a^ yovcnuiicnt cannot act inorfjaiiioilly by masses, it must have a l.tu-inakirg lx)dy. It can no more make laws thrnnj;h its voters than it can make »74 KKI'KtSLNTATIVli LEGISLATION laws ttirutt};)! its nc\\>pa|KTs. And in ihc >aiiH! luiiisc «>f It'cturfs he niciiiiKs allow niirsolvcs lo aHsuuM? that llic ■ iniliativf ' anen(!( lit, that is, an isolated opinion, and ha\c not entered into eomnion lonnscl; hnt you will seldom find ;• deliherative assemhiy actinj^^ half so railically as its several njemlKTS have professed ihemselves ready |o act liefore they came tojjether into one plate and lalked the matter over and contrived statutes." After Mr. Wilson entered ujioii his |)oliiical career, he changett his mind, hut his recantation in no dej^ree affects the weight of the arj^ument to which I have referred. The " ctunmon counsel," of which he speaks is an indis|)cnsal)le prcness in the makinj; of laws, and whenever our legislative Ixxlies im|)ose serious limita- tions ufx)n the process, it is usually to the detriment of the character of the laws passed; and the more grave and statesmanlike the delilx-rations of those charged with the resixmsihility. the better it will Ix* for the state. For this yi^l ^iirocess there w oulil be substi- tutefl the enthusiasm of somelxuly who l)elieves he has devised some statutory cure-all for the ills that >75 n ;««i ji(««f«?!a'"»tjraar#i -ir^v^ i"»'j»;;i*t ■air^«tM. •■s MICROCOPY RiSOlUTION TEST CHART lANSI and ISO TEST CHART No 2) 1.0 I.I l.2o '•> 1" ""^ 1^ •^lii III 2.2 iriii "= t "s 2.0 1- ^ 1.8 = 1.4 1.6 ^^ •6':: Eus! Main ""jtreei g'aS ^ofpster. Ne* rofh "'.609 u^ '.^S '."u, 482 - OiOO - Phone ^= (7'6) 288 - 5989 - Fai THE INITIATIVE. REFERENDUM AND RECALL afflict the iKxIy politic, and cniljo.lifs hi. cnthiisiasm in a hill. He secomls himself, as any one may. with the necessary signatnres t.. a petition; a.i.I then with.mt co.nin,ir to«:ether and takinjr common connsel. and often without reading what has hi-en written, the great mass ••f US solemnly proceed to vote. Such a procedure would put a test upon the people under which no nation ! could long endure. The referendum is somewhat helter than the initia- tive, hut as a settled policy in the making of ordinary statutes it is in.lefensihlc. It can he used upon con- fcrete propositions that are not complex in character, and especially upon con.stitutional propositions which 'ordmarily enunciate generd principles. In the case of con.stitutional changes, however, they should never take effect without the .support of a clear majority of the voters, and in advance of their action thev should hav? the .support of a large majority of the legislative hody. such as is provided in Massachusetts, so that our constitutions should have more stahility than mere statutes. ane made in favor of one side or the other of a pending proposition, and some of the worst laws that , find their way upon the statute-books get there, not because they are approved by the judgment of the leg- islator, but in response to what he thinks may be the 178 REPRESENTATIVE LEGISLATION wishes of the people. And instead of voting for what he honestly Ixliexes to be jnst and for the pnl)Hc inter- ! ests. even against what may api)ear at tlie moment to " l)fMniIar sentiment, and then bravely going before his constituents and attempting to cchtcate them njM.n the question, he quite too often tacks and goes k-fore • the wind. While the prevailing fault of legislative Ijodics is. as I have said. |)olitical cowardice, the fault of the voter is political indifiference. There are far too few of us who carefully study public questions and try to secure exact informatitm about them. We are attracted bv sensational charges, by lurid headlines in the news- papers, and by generalities. We too often compla- cently accept the estimate that is placed upon our pro- found and e.xact political knowledge by the men who are asking us to vote for them, and we are far from Riving that serious attention to the political issues which we bestow upon our own private affairs. There is a lawyer of very high standing at the bar of his state who was astonished to be told that the House of Representatives had an established order of business which consumed the greater j.art of its time. He imagined that the Speaker had practically un- limited discretion in recognition. Another intelligent man who was president of a great railroac' could not give the name of his member of Congress, although he had probably voted for him for ten years, if he had voted at all. Such instances are by no means rare, and intelligent people of that sort who neglect their 179 TlfF- INITIATIVK. RJ'rKRKN'PUM AM) KK( ArX i. i i- M public (lutifs often become the easy victims uf every ism and (him. ' <- ' - W>''*^ We are so engrosscl in onr private bnsiness that rnajiy of ns j^Mve no attention to pnbMc (ptestions. or we too frr.piently k'stow njKin the latter snch sn|)errKial study that onr action k-comes the danjjerons tbinp that is based u\)im little knowledge. 'Ibis condiiion of indifference, even nnder our present system, produces notbinj:r but an evil effect ujkju the character of laws; and this evil cfTect would be greatly intensified under the initiative and referendum. Legislation may be ex- pected to represent in the long run the fair average of the information and the study of the body which enacts it. whether that body be composed of f(nir hun- n this suhject. I hat c.institntiun provides that twenty five per cent, of the voters njay institute a priKreedinj- for the recall; and wlien it is inv..kod the tn.iii wh.mi they have elected to an ofhce is permitted either to resijjn in five days ..r to defend himself in two hundred words. njM.ii a proceeding' to thmw him out in disgrace. In Oregon, it very rarely hap|)ens that there is an election in which the defeated candidate <|oes not receive twenty-hve per cent, of the vote, and not infre- quently he receives nearly one-half of it. It would be a matter of no dimctilty for him to initiate a recall and practically to have the election over ajjain; and so we slinuld have perpetual warfare over the holdinjr of ofiice. That result h.is already clearly deveh.ped where the recall is in force. A public officer could not take the long view ; he could not patiently study the pro!>lems that confronted him and carefully lo,,k into the conoii'ons with which Ins office had placed him in close contact, but of which as a private citizen he could have only the most gen- eral knr)wle(lge. But he would need "to l)e careful to do only those things which might he justified, not by close insi)ection. but upon the most superficial view. The oflke to which he has been elected gives him an 182 RKPRESKXTATIVE I.KCISF.ATION eltvatee the thing that will really injure the |)eople. Whether such a government may l)e called popidar or not, we should lx« likely always to have under it government of the iM)litician rather than government of the statesman. I have hecn criticised for using an expression similar to this, as if I had implied the con- verse: that we now always have government hy the statesman; hut such an inference can Ix- drawn otdy hy a careless or an unscrupulous thinker. That we some- times have government hy the statesman is undeniable; hut that our government is perfect, nobody would pre- tend. Kdmunlam rfs|).)nsc l<> the fKipiilar nuwxl would at least l»anish staiesiiu-ti fi.uji tlu- st-rvia* n| the iK'oplc. if it (lit) not limit it to the |H>|itJiiatiH. It is not (htVinilt to liiin , ck to the stipreine crises in .\ni»rie;in hisiory. \sheii itN j^reatest tij^iires were heroiiaify stniitfvjhi!'^' f..r what thes ^a\\ to he for tlie iiitereM> of iluir rotuitry. and. if tlic |>olicy of the recall had Uen in force, to sec how the whole course of history tnij^ht have heeii changed, aiul how ambi- tion and envy niiKhi ha\i- ntih/e.l a temporary nn|H)p- ularity to terminate some splendid career. As an ilhistratioii. take I inc. .In in the earlier days of his administratinii. The disastrous defeats tlial the Union ;irm> had suffered liad heeii relieved only hy slight successes. Lincoln scarcely had a friend even in his own cahinet. Seward was willing to take him under guardianship and run the country for him; Stanton had written of the " iinhecihty " of the ad- ministration; C iiase was (piite ready to he a candidate for the presidency himself; the ;il)(.litinnists were un- sparing in their criticism; the gre.it organs of [nihiic opinion were hostile U> him; and there can e little douht thai, if a proceeding for recall . .uhl ' ive Ijeef- had ag;:inst him at the moment when he was envel- oped in the clouds of unijopularity. the career o! the greatest of Americans would have been brought to a disgraceful en. ling, with results t(» civilization which it is melancholy to contemplate. And then we are to ha^e the recall of judges. The enforcement of laws by jn.lges subject to pcjpular i«4 ^r REI'RMSKN'TATIVE LEGISLATION mall woiiM Ik- likely t.. Ik- quite in kcei>inK willi the character of the lauH. if they had :.eeri enacted nn.ler the initiative ami referendiiin, If we are to have all Ihr oilur tliiiii;>, the initiative, the referen.lnm. and tlie recall ui |M)litical niVicers. thrre woi.I.l Ik- thin reason for hiving the jn«licial recall. It would pletc and make e\<|nisite the I CoMJ- larmony of thiniirtive system. The two ftnidaniental things in he d. velnpniei.t ..f Kn^lish liherty were the free jwr- liaiiunt chostii hy the people and iiideiH'iident of the crown, and the independence of the jndiciarv. which had held its tenure only at the royal pleasure The first Kreat ste|» for the in„r union . r n K'reat cr- |H,r ion should ti«.i.| the I lance ..f |K,lit,(al iK.uir. ihe c.urt.H in that .liHtricl wouM be likd) to become uK-re •tistniincnt* of oppression. Mtit if wc. the iKoplc. are so jK-rfcct that wc can 'lo n.) wronK. even though \vc are Ruiliy of no investi- Kation, ami c.mj with wImIohi assume directly to enact ^ and enforce our laws, whai reaso" i« there why there slu.ul.l Ir. .n„y constitutional re „,K)n ..ur ;.ction. and why should we l»c hamiKi ij, statutes or con- stnutions even of our own nuikuijr? Why not have the present entirely free from restraints ifn|H)sed hy the past ? \\ hy not |)ermit us in our onuiiiM)tent wis- dom to decide each case u|K,n its .,wn merits, cunsid- cru.g only the inherent principles of abstract justice, which in our o.Hective capacity, according to our flat- terers, wc must of course tl^rouKhly understand? The .lemocracy of Athens at last attained to this altitude, where the sublimated "composite citizen" st.xxl forth ui ottered and showed what he could really do. In l latter day., of that city the action of her iK'opl.. V^ai.ie .so direct that in a single abhorrent decree. d:^rcKarding what was left of their constitu- m. they ..dered six of their generals, among them U.. son of Pericles, to Iw execute of ,1,,, fj,„e state to which I have j„s, In-en referring. > .j ,„„n- hnlli.uit |Kop|p ever existed than the .Athenian ,»...,,k-. They had .. . m..,s f». t,..vrrn- nient. I he c.,nHn..n tttni was al.ic t., • (|,j„k n ,- IHTially." Their ^reat |.hil.,v,pher. Arisfutle. n,„|.| ^M'l sjHrak ..f the Athenian as a |H.htical annnal They achieved a .levelu|,nient in hteratnre and irt which pruhahly ha» never since Inren reache.l. Thev cnhl h<.ast ui orators and philosophers to uhich tliosr n{ tH> other nation can k- conipare.I. \Vc marvel uhen we ccnsMh r the surviving pr.H.fs of their civih/ation But when they (heople can be siihjecte.l the tyranny that resnits from their own unrestraine.l an.l unr)ri Whatever new stars our telescopes may havo discov" ered. whatever new inventi..ns may haxe beer, hroug! t to hpht. an<| whatever aers of tourists who annually visit the country. The conditions as to complexity of indus- try are radically diflfercnt from those existing in America. But w!,ile Switzerland is one of the coun- tries best adapted, as we certai.ily are one of the least adapted, to the operation of the initiative and the ref- erendum, the results there are not such as to justify their adoption in any other countrv, if we may credit the report made to the State Department bv our vice cotTsul at Berne, and presented to the Senate by Mr LaFollette on July 13, 1909. The rcfwrt says : " The great questions of centralization, civil status laws of marriage and divorce, bankruptcy laws the customs tariffs, the railroad purchase, employers' lia- bility, factory laws, unity of the conflicting cantonal civil and criminal laws into a federal code, the mili- tary organization, the pure-food law. etc.. all of which are things of the past, were congressional measures. It may safely be said that the initiative can be of decided and positive value only in dis- tricts small enough to enable the average citizen to form a conscientious opinion upon projects of such ocal significance as to be well within his practical knowledge, but. in addition, he must exercise his dutv as he sees it at the polls. With a comparatively smail number of signatures requisite for an initiative meas- ure, its danger lies in the fact that it may easily be prostituted by factions, cliques, malcontents, and dem- 190 REPRESENTATIVE LEGISLATION agogues, t(j force uiK)n the people projects of partisan, freak, or unnecessary legislation." As to the referendum, tiiere is no other veto power in Switzerland. While it is not so intelligently exer- cised as it would be by an upright executive, yet it has occasionally proved an important check. The most striking general result is seen in the relatively small number of voters who will vote upon laws; and while statutes have been passed to compel voting, their pro- visions have simply increased the grej^t number of blank votes. The most serious tendency under our present sys- tem is seen in the multiplication of statutes, which threatens to destroy liberty and even to engulf our civ- ilization. But much of this legislative rubbish is the product of those who are given to exploiting them- selves as the especial champions of the people or is the result of the readiness of the legislator to respond to what he thinks is the popular demand. The mem- ber who is most disposed to cast a negative vote is stigmatized as a reactionary. It is not difficult to place the most immature, visionary, and apparently popular schemes upon the statute-lx>oks of some of the oldest and. until recently, most conservative states of the Union. In one historic commonwealth the princi- pal avocation of the people soon promises to be poli- tics, assuming that they shall pay due attention to their political duties, and the next " reform " will not un- naturally be the passage of a law to pay the voter out 191 » 7I J, h 41 n THI- IX!-| ATIVE, REI'ERIiXDL'M AND RECALL '»'■ the puMiV tivasury f..r the .lemaiul made iip.,n him in hstcnin^', thnm^h each reciirriiiK summer, to the wwisijr „f sdt-o.nstitmed can.h.lates— an.l (hne can well he n.i ,.iher caiKh.hilo; in vntinj; upm, tlieir claims: an.l linally. in fnlluuin.i; the campait^n cnn- olicies. just as they haxe followed them vhen apphetl upon a large scale in histcjry. I: ff! O 11 f I 1 • » It - i CllAI'TI-R VIIF A DEFENCE OF DIRECT LEGISLATION ' Intelligent and profitable discussiun of practical problems of social or governiiK'ntal iniprovciiK-nt must include full recognition and due consideration of the forces controlling human action. Society and govern- ment are purely organizations of human beings, and their limitations and possi!)ilities are measured by the average of individual development. The desideratum IS to give the greatest freedom to beneficial inlluences. and to restrain all tendencies toward evil influences.' Successful and permanent government must rest pri- marily on recognition of the rights of men and the absolute .sovereignty of the people. L'pon these prin- cij)les IS built the superstructure of our republic. Their maintenance and perpetuation measure the life of the republic. These policies, therefcjre, stanc. for the rights and liberties of the people, and for the power and majesty of the government as against the enemies of both. Delegated gove rnment exists where the public ' By Senator Jonathan Bourne, Jr. Reprinted, by permissbn^ irom the Atlantic Monthly, January, 1912. 194 n I A DEFENCE OF DIRECT LEGISLATION servant owes his nomination and election to known individuals— political bosses, caucus, convention and legislative managers, or campaign contributors— thus establishing pers(.nal obligations and accountability, resulting in service for selfish interests. Popular gov- ernment exists where the public servant is luider ol)- ligation to and sok-ly accountable t., the composite citizen, individual unki.own. This necessarily results in public service for the general welfare, and not for any selfish interest, the public servant realizing that otherwise he must be recalled, or will certainly fail of reelection. Because society and government should be based upon a full recognition of the elemental forces con- trolhng human action, I urge the reader's careful at- tention to my analysis of these forces. I assert that either impulse or deduction, followed by conviction, controls all human action. If the individual be con- fronted with the necessity for immediate action, then impulse arising from emotion, such as love, hatred, anger, sympathy, sentiment, or appetite, is the deter- mining force. But when the individual has days, weeks, or months to consider his course, then deduc- tion, followed by conviction, is the determining force. Without vonviction, there will be no action. Individual action should be guided by reason, but is frequently emotional. Community action, as in an election, must be based upon conviction resulting from analysis and deduction. I assert that self-interest is the force controlling I9S ;n Tin: FMTIATIVK. RKFERKNDLM Wf) RI-XAIJ. every fnturo or i>ost|)..nnl action of the in.livi,|„al— n..t iKHcvsarily aluay. svU\sh intrri-M. for v„„clinies the imlivHinal is satislicl with his partiripali-m ii. the "uprovnl -eneral welfare imi.l.nt to ,he adi..,, (ic,,- oially. however, the imhvi.hial's aetio,,, u h.-n nnre- ;'traine.|. is jroverne.! hy his ou„ selfish ai,.| .Kjrsonal iiileresl. No two people i„ (he worl.j are exaitiv alike- om- scinently each indivi.h.al has a .litlferent poi„t nf view <»r idea as to what constitutes his ow.i particuar per- sonal or selfish interest. Where individuals act cl- lectuely or as a coninuii.ity— as thev must under the initiative, referen.luin and recall~an infinite lunnher of different forces are set in motion. „,ost of tluni selfish, each strupjjlinp for supremacy, hut all difTer- eiit Jm-ause of the difTerence in the pJrsonal e,,uatio„s of the difTerent indivi.luals cnstitutinj; the cmimu- mty. Because ..f their difTerence. friction is create.!— each different selfish interest attacks the others hecause of Its difTerence. No one selfish interest is powerful enouRh to overcome all the others; thev must wear each other away until j^eneral warfare. 'accrdin,- to •he views of the majority acting, is substituted for the individual selfish interest. If all the individual units oi society were alike then selfishness would d.-minate not only the indi- vidual hut the community action as well. Rut so lon^r as no two people are alike, just so lon^r will selfishness dominate the individual if permitted to act indepen- dently, while general welfare must control all com- 196 A DEFENCE OF DIRECT LEGISLATION imuiity acti..n; f..r if the individual cannot stvnrc the K ratification of his own seltinh «lesire. thi-n he must rest satistit'd with the improvtMl jrenfral wi-lfarc in which lif. as ..m- of the units of the community, is a |iro|)ortional participant. I his loj^ic apphfs to a community or a class. liKkr the initiative, referendum and recall there can I'e no class or cnmuinity action ajjainst the general welfare of the citizens ccmstitutinK the zone of action. 'Phe individual, through realization .,f the imiKJSsibil- ity of securin^r special legislation for himself and a^aii si the -eneral welfare of the comnuinitv. soon ceases his HTorts for special pri •' • and coments hm.self with elTorts for in.prow.. ...neral welfare. 'Ihus the individual, class and community develop aloUK lines of ^rt.,u..ral welfare rather than along lines of sellish interest. In further refutation of the unwarranted fear of hasty or imwise community action. I assert that no in- dividual will ever vote for or willingly assent to a change, unless satisfied that the chanj^e will tlirectly heneflt him individually, or that the action will brin^' nnproved general welfare to the community, in which event he is .satisfied with |)roportional participation in- cident to that improxement. In other w..rds. commu- nity action determines the average of individual inter- ests, and secures the greatest giu,d for the greatest number, which is the iesideratum of organized so ciety. Hence I again assert that because of t*--- '.,r es 197 THE INITIATIVE. REFERENDUM AND RECALL n contrnllinj,' all Imuian action the jK-npIc cannot inulcr the initiative enact legislation against >,'eneral welfare or in fasor ..f any selfish interest, nor will they select any pul.lic servant who, in their opinion, will U- <|.)nii- nate.l liy any selfish interest. 'rhonj{h I ^raiit they n)ay make a mistake in select injr pnhljf servants. I asst-rl that they will not make the sanie mistake twice in the sante in.lividual : that is. nnder an efVicient direct primary law and cormpt practices act. the (K-ople will not renominate an individnal who has failed to serve faithfully the community he represents. I have demrmstratcd that under the initiative and referendum the people cannot legislate a^ainsl the gen- eral welfare, and hy the same lo^ic I assert that under the recall tlic people uJH „ever recall a puhlic servant. ju;eneral welfare. T.. eluci.late the suhject. I shall give a few con- crete illustrations. Sup|H)se that in a city of twenty- five thousand inhabitants, where there are four thou- sand voters, a private corjioration owns the water system and charges cxi.rhitant rates for the service. The self-interests of probably twenty thousand of the inhabitants would rc :FEN(E of niRKCT I.Kr.ISI.ATION •AvncrHliii These few iiulivJdiinl silf-jnttrcst*— un- •lir the exi tinjr v'^tem of lonventjon. nomination, aiul leKislation lironuh a nty conm il-arc ahlc. through itminA of , he press ami the manipulation of nonii- iMtions an.l lumicipal leKislali..n. to present or .May the t iyort> ot the vast majority to than^e the system to one of pnlil ownership. ln»ler tlu- initiative, which would pernjit .lireet i"n '.n <• subject, this cpiestion coul.l lie sul»- ' ''• ' ^ '*f ••«" the (pialined electors. Ap- I till imn. If i Ir ve fully stated in the forc- ^ '•'"^ '■•'I'J' \vl rn this question came up for li JKiii. , In I voters there would |,e ciillict Ih«- ' .. (Ik- Mf nil- resfs nf the individuals, hut during' cam nun pre ary to the election the subject ''*' "'^« ' "' considered in all its l)earings. 4ch HHlr hiual u ul(! make his own deductions as .. hi- Of, stJimercsi and the ^meral welfare of ^mttnt'v vith the result that selfish interest .}» iway and the ^'reatest j.,r.MM| for the u. till*' secured. Tnlcss a maj.iri{y of the re c. meed that public ownership would l)e . the proposal for public ownership ». ! ed. i-.netits of i«)pular tj<.vcrnment asserting the gre: vote J to tl Wouhl I I tu !r that th, i)e.,j.Ic I. n^ht Ik- misled and act unwisely on a (|uestion ..f th- kind, and I reply that they are the best judges of tl r own sclf-inferest and have a ri^ht as sovereign citizens to determine the policies of their government. They will, at least, act honestly, which IQQ U i THE IMIIATIVK. kl.l KKKN'DIM AM) kl-t ALL cami'.t always U- »ai.| fur liiy n.muils inihitiui'.l by tin- |H.\\fr oi a piihlu- H'r\i«f o.r|M.ralinii ami |.r.i- ftntcl |,\ III,' silciuf or artivi- .U-iiiuf ..f a snl.M.li/..| At this place in my ilisciiN>i,„i ,,| th,- praiiiial operation of popular >io\irtiiiuiii | .U-,.,,, jt appro- priiiU- to explain that this arii.h- i> lUsi^nnl primarily as an an^M-r to an artiiU- l.\ k»prrMiiiaiiM' Saimu'l W .Mi( all It i> my ni(|»a\t,r. Iioutvi-r, to makt- this artiilf iomplttf in iImIi. .,n.| I vhall nfti to Mr Mr- I all's artiilc only ^o far ns is miv^sary in onl-. formt a few errors into uhuh lit- ha-, a, iv fallen *-^ The failurt- of Mr. Mi (all to compnluml the prac- tiial operation <.f the initiative aii.l referendum is jl- Instrate.l l.y his lefereiue to the Colnml.ia River lish- fries le.yislation as a ra^e in whuh tin system worke.l unsatisfaetorily. Ilvi.jentlv vviiiiont knowing he was • lomy so he litt-.l an nn.niestionahle insiame of the i-limination of seliishness antate let;islatnre, and the Icj^islatme faile< .• <. .■ r iilf A DEFENCE OF DIRECT LEcilSLATfON any atk<|iiate liK'isIatic.n for the protectu.n of ihc naJii- ral supply of tUh. Ihe state was tnaintjinitj^r hatch fru!» for the artificial proiiajjatioii of Halmoij. but. iiol- vv ithNtamhiiK the maintenance of this work, the ti^h supply was stca«lily Wiininishinj;. Iiclievin|{ that llicy o.uld pr«»niote their own *e'- fish interests and eliniinatc tluir rivaU by res..rt to the initiative, the tishwiuel t)ptrator» »»f the up|)er river projM.sed a hill practically prohibititifr tri||.,Kt fishing on the h.wer river. an: tliat the K^neral welfare re- «|uire natural spawning grounds. I thank Mr. McCall tor calling attention to this instance in which the com- posite citizen, acting under the initiative, eliminated selfish interests and substituted general welfare. H fy ^i.- THE INITIATIVE, REFERENDUM AND RECALL Similar results are accomplished throuj^h the ref- erendum. Selfish interests are frc(|uently able to in- lluence the individual members of a k't^islature to such an extent as to secure enactment of laws grantinji^ special privileges. On the other hand, there have been innumerable instances in which members of lejj^isla- tures introduced bills attacking the business interests of large corporations, for the purpose of compelling such corporations to pay f(jr the abandonment or de- feat of such bills. In the one case, selfish interests were able to buy legislation for their own benefit and against general welfare; while in the other case cor- rupt legislators had power to blackmail corporations. Such transactions are impossible where the refer- endum is in force, for the people have power to defeat grants of special privileges against general welfare; and if a corporation is unjustly attacked by a black- mailing bill, it can refuse to pay tribute and appeal directly to the people under the referendum, with full assurance that the people will not give their approval to legislation of that character. I believe every ob- server of legislative controversies involving the gen- eral welfare of state or city will agree that selfish interest frequently dominates individual action, where- as if community action had been possible, the result would have been advantageous to general welfare. The initiative affords any citizen who has evolved a solution of a governmental problem an opportunity for demonstration of its merits. Under a system of delegated legislation only, his ideas could be, and quite 202 A DEFENCE OF DIRECT LEGISLATION likely would he. referred to some conmiittee where further action would he |)revented thn.ugh the inHu- ence of selfish interest. Where the initiative exists he c-an present his ie may evolve for the consideration and approval of others. The study of the measures and arj^uments printed in the puhlicity pamphlet is of immense edu- cational value. The system not onlv encouraj,^e< the development of each individual, but tends to elevate the entire electorate to the plane of those who are most advanced. How dififcrent from the system so generally m force, which tends to di.scourage and sup- press the individual! Speaking- of the initiative and referendum. Mr McCall says that. " In effect they propose the substi- tution of direct for representative government, the establishment of the direct action of the people not merely in selecting their agents, but in framing and executing their laws." And again. " It is now pro- posed to abandon the discovery of modern times " (government by the people, acting not in person but by representatives chosen by themselves) In view of the clear declaration of our initiative and referendum amendment, that " the legislative au- 203 THE INITIATIVE, REFERENDUM AND RECALL f . ti' thority of the state shall be vested in a legislative as- sembly, but the people reserve to themselves jjovver to propose laws and ameiulments to the constitution, and to enact or reject the same at the polls," my inclina- tion at first was to believe that the writer did not in- tend to convey the idea that representative government had been " abandoned " and direct government " sub- stituted " therefor; but this liberal construction of his language became impossible when I read the follow- ing in tlie same connection : " Is it for the interest of the individual members of our society to have the great mass of us pass upon the intricate details of legislation, to execute our laws, and to arlminister justice between man and man? That I believe to be in substance the question raised by the initiative, the referendum and the recall, as they are now practically applied in at least one of the states of the Union, the example of which is held up as a model to the other states." I deny unecjuivocally that in effect or in substance we in Oregon 1. ve abandoned representative govern- ment, or that the mass of the people pass upon the intricate details (jf legislation, execute the laws, or ad- minister justice betwee" man and man. Let us con- sider the facts. At the last general election the people of Oregon voted upon thirty-two measures. Of these measures, eleven were constitutional amendments, of which four were adopted and seven rejected. Of the twenty-one bills submitted to the people only five were enacted, and sixteen rejected. The result of the direct 204 A DEFENCE OF DIRECT LE(_.ISLATION ^ \(>te was nine measures adopted. The Oregon legis- lature held a forty-day session last January, consid- ered seven hundred and twenty-five bills and two hun- dred and thirty-five resolutions or nicmorials. Two hundred and seventy-five of the bills were enacted. Kvidently the extent of substitution of direct legisla- tion is indicated by the ratio of nine to two hundred and seventy.five. This is not exactly " abandonment " of the representative system. Of the relative merits of the two systems I shall say more later, but leave that subject for the present in order to continue the denial of statements quoted above. I deny that the people of Oregon have executed the laws except through their duly chosen public servants. If the statement quoted is intended to apply to the recall. I reply by saying that there has been no exercise of the recall against any state, district, or county officer, though there was talk of recalling a circuit judge. I have no doubt that administrative officers have been influenced to some extent by the fact that they arc subject to recall. That is one pur- pose of the recall. Experience with public officers from one ocean to the other justifies the belief that some of them will be influenced by the wishes of the men to whom they owe their positions and to whom they are accountable at the end of their terms. Under the former system of machine domination we learned that public officers were frequently influenced by the wishes of the political bosses, regardless of the inter- ests and wishes of the people. If they were influ- 205 n\ -!t "■ i THK IXrriATlM:. KKrEKKXDiM AND RECALL ciK-e.I hy the desires ..f ,„,.„ „hu ,,t„ ;he,n into office n.Kler the old system. (,ui.e hkely thev are influenced l.y the wishes of (he omipnsite eiti/en. who i,nvcs Iheni their positions tnider the new. -Chi. (hlferenee 's that in.Iivi(hial. sehisli interest wiehled the influ- c-m-e under the old system, while under the new svs- tcMu the pul;he officer knows that the people as a whole ^ ^'iV*"^*.*-', ^ A DEFENCE OF DIRECT LEC.ISLATION thai legislators frequently vote upon bills without knowing their real effect. We had a conclusive (lem»)nstration of this in the Orejjon legislature of njo.,. when the legislature re- pealed a statute which all,.wed every h.,usehol,Jcr a tax-exeniption of household goods to the value of three hundred dollars. After the legislature ad- journed, members were astonished tr) learn that they had repealed such a law. and. at a special session, called w.thtn a year, this statute was re-enacted by an overwhelmmg vote. Not even Mr. McCall will con- tend that legislation such as this could be ignorantlv passed under the initiative and referendum I-our months of discussion will, beyond peradventure dis- close any serious fault or defect in any proposed statute submitted under the initiative. Some honest opponents of direct legislation base their opposition partly on the fact that a measure sub- mitted under the initiative is not susceptible of amend- ment after it has been f^led in the office of the secre- tary of state. Instead of being cause for criticism this IS one of the strongest reasons for commenda- tion, for we have learned by experience that one of the most common methods by which vicious legisla- tion IS secured is to introduce a harmless or a bene- ficial bill and let it secure a favorable report from a legislative committee, but with a slight amendment in- serted therein which entirely changes its character or effect in some important particular and thereby serves some .selfish interest. When it is known that a bill 209 i i' (i TMI': INITIAriVi:, Ki:rKKK\I)l'M .\\F) uf-caix must 1)0 lu.uif.l ..r rijiv!i«l tvactly as drawn, the fiaiiuTs of the im-asiuv will sfH-tuI weeks and months in shi.Iyinfi: tlie snl.jcrt and writing- the hill in onler to have if irvv fmm tinsilivfactorv features. In aitiial pra- tice in ( hv<^i>u almost e\ery proposal Iiill is snhniittnl lo a i-oiisidiiahli- lunnher of nu-n f..r iritiiisin and sngj^estions In-fore its final form is e> a rhaiiuo fur the iinprf»vnncnt of the jjen- eral welfare. I'rex imis to \hv last elirtiun. each vder had fiffx five days in whirh to toiisjdfr thirty-two nieasnres. whiih. with the arj;mnents for and aj^ainst. were laid heforc hitn in tonvenient priiite«l form. IhiH Kave him an average of nearly two days for the con- sideration of each measure. Assuminj; that many of the hills introduced in otie house never appear in the other, each member <.f the Oregon lej^Mslature was called u[K)n to consider aljout fnc himdred hills in forty days, or over twelve each day. Iwsides hting compelled to consider many resolutions, motions, and questions of a political character. I assert that the individual voters of the state, in the quiet of their own homes in the evening', could hettcr consider and decide upon an average of one hill in two davs than the memhers of the Ic^rjslature. amid the hurrv and strife and personal feelinjr incident to a legislative session, could consider and decide upon an average of twelve hills a day. It is frequently asserted that the voter in Oregon is required to pass upon thirty-two measures in the few minutes he occupies the booth on election day. Such is not the case. He has several weeks in whic'h to determine how he will vote, and merely takes a few minutes in which to mai !< his ballot. In his discussion of the recall, particularly as ap- plied to judges. Mr. McCall has reiterated a prevail- mg error as to the practical operation of that feature of popular government. Kvidtntiy he has been mis- si i IT THK INlTIATIVt:. KKIERl-NDUM AM) KKCALL ^B IH' ' "il ^^^^Bi - If Icvl by atTcptiiiK: as tnic certain Ntatimcnts containcfl in the President's veto message of the Arizona statc- (••H'«l l>ill. lie >n>>. for insJame. that, ulun the rciall IS invoked, the man whom the jK-opJe have eleileil to an oOuc is iH-rmi»«,.f| either to resJKM in live days or to .jcfnid himself in two hnndred uurds iijmmi pro- ceeding to throw him out in dis^'rate. This state- ment is iniorrcit in two particulars. He mav neither resign nor defend himself, hut may quiet ly continue in office imtil his successor has l)een elected, lie has three alternatives: either to resign, to stand for re- election. ..r to continue in oftice an.l await passively the outcome of the recall proceedings If he .hooscs to defend himself, he is not limited to a defense of tw(. hundred wonls. The two-hundred-word limit is merely upon the length of statement he mav make to l)c printed upon the ..fficia! ballot. This is' merely a sunmiary of his defense. He is at libertv |., make such other defense before the people as he may de- sire. Moreover, the .\rizona constitution, to which Mr. McCall refers, recpiires that the lej^Mslature shall pro- vi'le for the payment of the campaign expenses of any officer attacked under the recall. The man or men who attack an officer under the recall must pay the expe.ise of their campaip:n. The man in office has not only the advantage of his official record, the pres- ti.tro ..f his office, the rlesirc of the American voter to jjive every incumbent of an office a square deal, but he has the further \ery material advantage of I ^ 1* i A DEI'EN'tL OK DIRKc T MCdlSLATION payment .>f his cani|)ai>jn cx|)rnsfs out <.f tlu- pnhlic tisanury. ' ny ofticcr who is not able t«» inaki- out a case in his own defense with all these advaniaKes is very prolKihly a tit subject for recall protein line's. Mr. McCall further states that it wouM U- a mat- ter of no uulty for the .Ufeated candidate to initi- ate a recall and practi-ally have the riection over a^ain. I challenge the citation of any instance in which exi)erience has demonstrated that this criticism is justiffed. I'.x|H-rience in iM.lities everywhere has demonstrated tliat the |K'ople admire a "j,r,„„l |,,ser." They have contempt for the man who, after he has been beaten in a fair tij^ht, refuses t.) cptit. The recall amendment pnnides that a recall peti- tion shall nnt Ik- circulated af,'ainst any ..fficer until lie has actually held his (jfVice six months, except that a |)etition for recall of a memU'r of the lej^jislature may be tiled live days after the le^'islature meets. Since a successful candidate takes otVice two ni..nths after election, and it would ordinarily recpiire a month to circulate a recall petition, it is plain that there would l)e at least nine months for the subsidence of any jwrMJual feelin^^ engendered during a campaign. Obviously a recall as to members of the legislature must be oi)erative while the legislature is in session to be effect ive. Thus assured of an opjwrtunity to demonstrate the character of service he will render, no puiilic serv- ant need fear recall proceedings growing ,-ut of the campaign for his election, unle-.'^ his election was se ai3 1*^(1 THK IMTIATIVE. Klil EKKNDLm AND RECALL 'iirni l.y ,lisl,.,m-Ht means Of .-..urse. in such a ca.c a rcnall n„Kli. k- (ilc-.l i.nn.nl.aulv after the cxpira- ti"ti of ,)u. s,s „„.,„hs ||„s vvo.iM U. hrou^ri,, „.„ so nuKl. l.y tlu- .UfratHl ran.li.lau- or his frien.ls as hy ntizcns m Kciu-ral. uhose ri^ht it is to haM« cverv ilcitioii coiuhitinl fairly an.l hoiu-sily. The assumpti.m that a recall |.roa«e.li,.K is an iiii- IH.Mtio,, „,„.„ a puhlic urtuer is „..t fn„„.U.,| on K'xkI reason. \„ ni.lu i.h.al has no pers.mal ri^'h' to pnhlic «'"kc. tl.onuh s..,ne few. uj,., „„,ler .lelcKate.l jjovern- mcnt have iH-n^ht their otVues. n,av think ihev have I he olf.ce UIonKs to the |a-ople. ami they are entitled t<' have It hHe.1 hy uhon.soever thev please l-very employer in private life reserves the riKht to .lischarxe h.s employee whenever the service rendered is unsatis- factory. The san.e principle sh.mid apply to the electorate '" tl>e employment of a puhlic servant. In fact this riKht wonl.l k. a matter of un.Krstan.lin^r and con- tract where a citizen seeks and accepts a public office with the knowle.lKe that the recall is one of the laws of his state. Mr. McCall asserts that where the recall is in force -the jud^e. in nr.kr f. feel secure in his ot^ice. woul.l have to consult the popular ouk-us rather than the sources of the law." lp..„ „,,. same reasonin^r. where the convention system exists with a boss in control, the jud^re. in order to feel secure in his oir.ce would consult the wislu-s of the boss rather than the sources of the law. There is this .lifference in favor 214 A r)i:M:\t |.; of diku r i,K(, .\TlO\ «.f tho iiiHucn.c »( \hv mail -|H.|.ular it lunuc would In? cxerteil in Uhalt ..f ih^. wdfarc of ihc iiiai..rii« . ulu'ria> flu- iiilliKiKcoi' \Uv political l)..s> i> t-.or .1 in U-hair of the inti'tvMH of a very Miiall minority, uliidi i> K«'«»t'i-«Ily liiuisflf or a ianipaiv:n cotitnliiiior. Soh.f ivople txprf. tlu- ftar that the rights of ;i miiioritx will W .li>rcKar.li-.| by the tv.anny of the majoritN 'llu-y an really most eotuerned for the |»crpctuati..n ..f special aii.I tinjnst prixiU'Kos for the Miiall minority. Neither election nor appointment to a U-Kislative. executive, or judicial olVice carries coinci- denl per^ona| ..r oiVicial infalliliility. There i«. very little weight to argument based n|M.n allusion to ; • .letnocracy of Athens, or to the experi- ence of other ancient nations which made in..re or Icsh prioress toward a pcipular form of Kovernnient. In the last two thousand year- conditions have Kr^ally clian«:ed. FJectricity and stv.im. the tele^naph. tele- I'hone. railroad, and steamboat have established media of mstantaneous intercoinminncation of i.ieas. and rapid coojK'ration of action in the individual units of society. Ill less fuMi a decade the peojjle of Cre,i,'on have voted upon .. fv-four measures. Surely, if the initi- ative and referendum is a destructive svstem as its t-nemies allcK*'. there w.nil.l be abmi.lant evidence llurcf m the iccent history of that state- and it shoul.l not be .iifticult for any citizen to produce con- clusive and absolutely consincin- evidence to that ef- fect. Xo one has done so or can do so -SIS THE INITIATIVE. REFERENDUM AXD RECALL Both reason and experience demonstrate the prac- ticability and importance of the initiative and rcforen- (him. My analysis of the forces controUing all human acti(jn, as set forth in the early paragraphs of this ar- cle, proves the impossibility of a commnnity voting igainst the general welfare. Any person interested in the subject will observe by a study (jf results in Oregon that this has been demonstrated in that state.' ' See Appendix, p. 349. ■; ^H) .-.ii - ...T) I > 'i. ■SkJjAAi-. CH A pti.:r rx TUB PRACTICAL UORKINCS .,K TIIK INITIATIVE AND KKFKKKXDIM IN ORKtION At the Pittslniri,^!, m^vfuv^ u{ the Xatiunal Munici- pal LcaKue. .n i.^xj. Joseph X. Teal. J^sq.. of the H>rtlan,I (Oreoo,,, har. presentecl the f..llouin- ac- coinit of the practical workings of the initiative\nd referendum in Ore,t,'on : The exact date at which agitation for the initiative and referendum hegan in Oregon is somewhat uncer- ani It has been stated that a paper published in Port- land some time from 1885 t., 1888. called The Vidcttc advocated the measure. Its f^rst introduction into the egislatue assembly was in ,893 i„ the form of a reso- lution uitroduced by Senator Vanderburg. Very few of the members at that time knew what the terms meant. At the session of 1895 the agitation took the form of a demand for a constitutional convention and ^yas defeated by one vote. In 1897 there was no ses- sion. At the regular session of 1899 the amendment was passed for submission to the people by a laree majority and in 1901 it was passed for the second t.me and was submitted almost without opposition in the legislature. 15 217 THE IXITIATIVE. REFERENDUM AXD RECALL Formerly under our constitution all proposed aniendtuents had to he i)assed hy two successive legis- latures Ik.' fore suhiiiission to the people. This amend- ment was suhmitted to the people June 2. 190J. and received 6J.OJ4 affirmative votes. 5.668 heing cast against it. M the election held June 6. 1906. it was applied to local, special and municipal laws. How- ever, the charter of the city of Portland, which was prei)ared by a charter hoard approved hy the i)cople at the election held in the month of June. i()OJ, and passed by the legislature at the session of 1903. con- tained provisions f(^r the initiative. It has therefore been in operation in the state for seven years and in this city for six years. While the time it has been in operation is hardly long enough to develop all its advantages and disadvantages, yet its workings have been sufficiently observed to enable one to form some conclusion as to its ' "Hts and demerits. Although both p ers are generally linked to- gether, they should be considered separately. One is a positive force, the other negative. The first stands for affirmative action, the second is a method devised for the veto of legislation the people do not approve. The consetiuence is that there is very much great- er opposition to the initiative than to the referen- dum. In my opinion, the causes which led to its adoption are the same that are in evidence throughout the coun- try generally. The people felt the government was getting away from them and they desired a more di- 218 !h! IN OREGON rect control, both in the making of laws and in tiieir enforcement, than they enj<.ye(l. More potent, liow- ever. than this was the failure of the legislature to respond to the dema.KJ <.f the people for the enactment of laws respecting the control of corporations taxa- tion and kin.Ircd subjects afTecting public interests. Hoss-n.lden legislatures a!ul coinicils were the rule rather than the exception, and the people were tired of coaxM.g and pleading to secure desired legislation Legis atures and councils were t.u, often more solici- tous for special than for the public interests, and the people wanted to secure some effective and direct •nethod of making their influence felt and their wishes respected. The difficulty in securing the enactment of the Australian ballot law and the registration law are examples of laws the people wanted, and which were enacted grudgingly and after long-continued agitation Other nnportant measures failed repeatedly to pass" The combmed effect was to create a sentiment (as shown by ihe vote) overwhelmingly in favor of the new procedure. After its adoption tax laws and other pubhc measures were proposed under it and passed, the consequence being that the same infiuences which prevented the passage of the same character of laws by he egislature are the deadliest foes of the initiative and referendum, although this is not to say that there are not very many good citizens who are opposed to it both on prmcple and in practice. Like all laws or new methods ,n government, experience has demonstrated 219 w THE INITIATIVE. REFERENDUM AND RECALL that clianges in some particulars are necessary. These I shall refer to later. While the powers reserved under the initiative and referendum ha\e a restraining inHuence on the legis- lators and operate as a check on vicious, extravagant and special legislation, there is also a tendency to cause the legislator to feel less personal responsihility and to leave to the i)eople matters on which he should act. It also pro\ ides what seems to some too easy and expe- ditious a method of submitting amendments to the constitution. Indeed. s(jme claim that substantially we have no constitution left in the sense it is generally un- derstood. Formerly, it re(|uired not only a majority of those voting at an election, but a proposed amendment was re(iuired to be agreed to by a majority of all the mem- bers elected U) each house in two successive legislative assemblies before submission to the people. Xcjw an amendment may be proposed directly by the people and a majority of those voting on it at any general election is sutificient to carry the proposition. The initiative petition for the submission of an amendment must be filed with the secretary of state not less than four months before the election at which it is to be voted upon, and must be submitted at a regular elec- tion unless otherwise ordered by the legislative assem- bly. This direct method of amending the constitution unquestionably impo.ses very grave responsibilities upon the electors. When originally adopted it was generally thought 220 -I 1 B^r^ iM^,a^...^st. IN OREGON that ^l^'»*^-• '".- I } ft I Si Till-. IMIIATISE. KIJKKKNDLM AM) REfALL "M the ..ihcr hand, ii inij^ht hv tirRcd tli.it to cinpcl |K-u|)k. mnnally to stiuly aiilatnre witli the ri^dit to pass upon them or to amend them, and if amended to submit the alternative proposition to the people. Such an amenchnent has heen prepared In- friends of the initiative and is now under ptihhe consideration. 3. To hmit the numl)er of con.stitutional amend- ments or laws that may he submitted to vote at any one election. } To linut the subject matter to a sinjjlc propo.si- tion in concrete form. 5. It has also been suf,^gcsted that tlie initiative be confined to bills that have been introduced and failed to pass in tlie legislature and those that have I)cen vetoed by the governor. i:.\cept number 2. so far as I am aware, none of the otlier suggested anienchnents has been reduced to writing or prepared for puijfic (hscussion. The referendum is felt to be of great value in oper- ating as preventive of special, extravagant or other- wise oI)n().xious legislation. This power operates as a strong deterrent against extravagant legislation or that favorable to special interests. The indiscriminate granting of franchi.ses. tl;e bartering away of p-iblic rights and the granting of special privileges of all kinds which have been so prolific of corruption in the past, would not have been indulged in to the extent sTl v% ,A- Tlrr Hi .1 .' •! ""■ ■MIIMi\K. KKFKKKXDLM AM. KK. AM. tl-cy have, had the ik-.,,!. always rcscrvnl ,his power. 'crc.shnth,,|.cn,ias„M.f,hercf.rc.„.hnn. \|,..„t tlic only change sn^Kcstnl is ,.. pr.,vi,Ic for a larger mimher of |.ctifioncr>. ^ ';;•';''';' '•.•••••Ily I.c sal.l ,|,.-u .he- pe..pl,. l,,,, „.„ "tf.1 fnr ,h.,r n.MM.U.ran..,,. M.„-,.„,,. „,,,.^, ^„ r^ auspas...II,,,,■epo.plc.th.,^,hp...,.Iv.I;ffc.r- ^« n lanKiia^c n, o.n„,rncti..„. have Ik,-., rejc'r.e.l hv he ^g.sla.„rc. Tlu- foi,...i,.,ji., i, ,, J.^.,.J ^ M.eaM.res snhnmte.1 an.l votes cast thereon : Equal .siifTraRc ^" ^•' Toanun.l I- Kal option law. '^^''^'^ »'''''^7i To purihasc a private toll rf.a,! •^^'•^'^^ '*•'•'•'•» Forinitiativcan.ircf.u.n.!u,„„„I,..l.,,^,i„,,,, '''''^ ^'^'^ muni; An ait ap|.t..|.iiatiii^r .f5.»5.(KKi ammalls i,>r t'.air years fm pnniiasin,^^ Kn.im.ls an.I l.ml.lin^ armurit-s fur tin- iisf Ml thf < )ri-«:..ii Xati.Mial (iiiard; l'-<|iial stiCfraj^e aiiiciidiiu'nt ; (iiviii;: eilii-s ami towns uitli,n thnr corporate limits a.l.litional an.I exclnsive |H.\Mr to Iia-n>e ami cuntrol ,„• prohil.it tht-at/es. race tracks, aixl the sale of h-pior. (fc. This proposal was ctiMdercl to Ik; s<'inithii)« Ml till- nature of a trick to avoid the vfkri of the local option law. and received y).44j atlirniative and 5J..^6 iu'j.;ali\i- votes; The sinj^Ic tax amendment was defeated hv a vote of fKJ.Sji to 3J.066. The followinjr measures were carried: Permittinj,' the location of state institutions, else- where than at the seat of Kovermnent. hy act of le^is- Intnre and vote of the jieople: Chan«:in-r the time of hoIcHnj; the rv^mlar j^a-neral biennial election from the first Mondav in lune to the Tuesth passed: one was kn..wn as the " Ip River BiM." the other as the " Down River Mill.- Tiie effect of the passa.tje oi hoth laws was to prohil.it the taking- of salmon at all, althoUKh such was not the intention of the proposers, Kach only wanted to restrain its rival. While on its face it would indicate tliat the vote cast is evidence of the confnsicjn that may result from the 226 »'»■ r— •• r^h'i-H.k'iaz^ ir- .-Jk-'*' IN ORECON use n( tlu- iitilialu... yd. if tiK' Mil.jrrt unr wvU-v- | .'«> uc mi.UTNtan.l it licrr. tlu- rt-siill i> t„,t Mirprisinjj. Mnrccvcr. it is lu.t muoinin..M t<> tin.l n.nfr.-i.iictury lauH as well as acts having' irrecntailal.lc |.rnviM....s pasM'il by the IfKiNlainif In the rqn.rt ..f fj.o ( )r,.«on ( ..n^ervat.o^ ( ...nmis- Mon of iQoS. tlu- onumiiMfc v! , prcpau-.l the paitr • •n tlu- salmon in.instry in n.nnivti..,, uiih this vote, said : "There is sfmic antagonism amonp the operatr.rs '•f any kind of ^'car against any other. Hctween the Kill-nctters of the I.>uer and the wheelmen of the npper river, this rises to ..pen hostility. Opposin^^ .lele^a- 'tons have met hefore the le^islatnre for many vears an.l each party has succeeded in hlockin^ le^rislation I.roposed l.y the ..thers. At last electi..,, ( i„ j,,,,,.. iVoK). each party ha, ,an ..r .ho„ld U- enforanl llu-re .h ,m. c,„rMinn. h.,vvcvrr. t>..l that its "h atiMM was ....tiaahl.. at dccti..„s f.,||.Hv,ni; ,ts aW..pt.o„. and .. ar.ainly ha.l a .narked effect for the nettcr. A n-nstiiiitional amendment was also passed pn,. v.dniK .1. „ n„ p,r.son can Ik. charKed u, the circuit court u„h a o.M„n,ssinn ..f a rrin.e .., n,isdnnean,.r except . n.lict.nent found by a ^raml jury. iVinr t'^ the pass..^e ,.f ,|,is act. the .jistrict attorney could I'l-n Ins own investiKation. f^Ic an infonnation which' ni effect was an indictment. An analysis ..f the measures submitted au.l the v.>te of the people thereon would imlicafe that there is noth- "iff in the vote on these measures which wr.uld justifv con, lenmafon of the law or fear of its conser,ueuces' At the city election held in June this year there were th.rty-five measures submittcfl to the f)eople \s the number of measures submitt.^t at this election is often use,l as a " horrible example of what the initia- tive an( referendum may lead to. simple justice 4.903. A municipal electric liKht plant was proposed. It was defeated by 9.684 to U.o^) l'r.>p<.sed ordinances granlinjr to a (iothenburg \ss..- ciation the exclusive right to sell spirituous li.,uors in the city of Portland and a rather stringent excise or- •I'nance were lioth badly defeated. An amemln.ent re(|un u.g franchise holders to keep accessible accounts atul report to the city auditor carried l.> a vote of 10.30J u. its favor and 4.44 | against it. Twenty-seven ot as recommendations were adopted, an.l eight were S19 f^^^msi^'iM^' THE INITIATIVE. REFERENDUM AND RECALL h ^ii; ■ 1/ 1i 5 "11 not. Of the cijjlit. two at least were of 110 particular importance. In my opinion, a projwisition in this state to repeal the initiative and n-fcrenchun. notwithstanding certain defects and (h.sadvantages. would meet with defeat. In the future defects may develop that will provoke a K'I>eal. hut this I d.,„ht. On the contrary, I think it much more pn.hahle that the defects will he remedied, .•md the .-ixe will not he laid at the root of the tree. It is true that the initiative and referendum is a radical departure from our former practices and imposes a 5on measures that may he submitted to them, and that as a whole they wdl act fairly and justly if they understand them. 'I liey may he deceived, hut I do not Ix-lieve any con- siderable numl>er of people will knowingly be Imju.st or unfair, (^r act otherwise than as they belie\e to be to the interest of the community. I do not desire to make any comparisons between law s passed by the legi.slature and those pas.sed by the people direct, but the comparison, if made, would not be unfavorable to those passed through the initiative. While I fav.ir and still favor the initiative and refer- endum, I am noi a partisan .)r special pleader for it. and if I believed or was convinced that it worked for 230 in f ; IN ORHCON liarm rather than f or ,ij(K)(l, I would say so. and urge Its repeal. At times measures are sii^^gested and taken thereon that action >{ th -•reatc some doiiht as lo the uisd ic procedure, hut wlien one thinks of what lorn went "" "'"In- the old system, and how indifferent an.l worse than mdifferent le^ishitures have I I'oth as to the rights and demands of th feels that a mistake now and then d wholesale condemnation jeen and are le people, one les not justify a <»t the new system. Ft is i"«ed that the people without this law have tl to elect only honest and (luahtie.l there ton- there pears to some peojjle t(» he le power men to oftice. and IS no occasion to inaut,nirate what ap- i revolutionary [)rooint is now pending ates on appeal rcgon. However, thiw 231 iMa 1 1 THE INITIATIVE. REFERENDUM AND RECALL far the courts have held, including the supreme court of tins state, that the initiative and referendum as adopted m this state are not cntrary to the provisions of the constitution of the United States guaranteeing a republican form of government. It is also asserted that the only method hv which our character of government can l,o maintained is through representatives chosen hv the people. W-ry earnest and able men support lK)th views, but speaking from our experience thus far. it is my opinion that the "nu.atue and referendum tend to secure more demo- cratic government, if by that term is meant government by the pecjple and for the people, than ngly. fifteen months in advance of the general elecdon con Inct of state and county government might "be 16 233' ■Ml THE INITIATIVR, REFERENDUM AXD RECALL by citi/ens of tlicir private business." Such was the ambitious aspiration which prefaced a series of pro- posals, printed in an etUtion of 7.500 cojues anil (hs- tributed in midsummer, 1909, accompanied by a letter of explanation signed by eijjhteen men whose names are familiar as sponsors of the direct legislation meas- ures of the past decade. These documents were sent to thousands of representative voters of Oregon and also to interested correspondents in other and distant states, for the purpose of obtaining opinions regarding the wisdom of the scheme. The proposals thus cir- culated were: to submit, by initiative petition, at the election in November, 1910, a bill for the publication of an "Official Gazette," and four constitutional amendments, the first of which aimed to systematize the exercise of the legislative jjower within the state; the second, to centralize administrative responsibility on the models of the business corporation and of the federal executive ; the third, to secure a similar centrali- zation of responsibility in county government ; and the fourth, to secure certain reforms in the state judi- ciary. Throughout them all, the avowed purpose was to " maintain the ])eople's direct and supreme power, by the initiative, referendum and recall, to make laws and discharge the public officers as well as elect them " ; and the intention was amiounced of forming a " Peo- ple's Progressive Ciovernment League " of four or five Inuidred citizens, to present such measures as might be agreed ui)on. Tn January, 19 10, under the same auspices, a sec- ^34 YEAR OF PEOPLE'S RULE IN ORE(ION on.l pamphlet was issued, in which the proposals he- fore advanced were restated and modified i„ accordance with the criticisms and suggestions which they had elicited. Some clauses were cut out; some new fea- tures were stressed; and much space was devoted to argument upholding the theory and practice of " jko- ple's rule." Some months later there were circulated for signatures, four initiative petitions, in the elaborate form prescribed by law. prepared by the ** People's Power League." The two most radical projects- those designed to centralize administration in the state and m the county-were omitted, for signs of reac- tionary revolt were multiplying, and it was deemed wise to concentrate the campaign. The first place was given to a bill to exteiul the Direct Primary Nominating flections Law so as to include presidential campaigns and nominations ' This measure provided that in the year of a presidential campaign, on the forty-fifth day before the first Mon- day in June, there should be held the Oregon primary nominating election, at which every voter should have the opportunity to " vote his preference f„r his choice for one person to be the candidate of his political party for president, and one person to be the candidate of his political party for vice-president of the Un.ted States." either by writing the names of such persons in blank .paces or by making a cross before the printed names of the {Persons of his choice ' Adopted by the ptHjpIe, infra, p. 272. 2J.i THl- INITlAnVK, Kl.l KKKNDl'M AM) KfUALL I r r At this I'Uiiioii Votes tniiflit he cast also fur govcniimMit, i\ g. "all publications that may be required by law to fw mailed to every regis- tered voter." ' I'ivcry deiwrtment of the state or <»f any county or municipal government therein was to In- subjected to the scrutiny of the insi)cctors. The pro- |H)sed law insisted that such investigaticm and publica- tion should be '■ solely for the information of the jkm)- ple without motive or desire for jiersonal or partisan advantage." and forbade the publishing of " any mali- cious, libelous or personally abusive communication "; it was, however. siK'cifically re(|uired that they should publish ** any < riticisms or complaints, not exceeding two hundred words each, of their own otTicial acts." The law provided that these inspectors should be elected biennially. Ix'ginning in 1912. For service 1)C- fore that date, a temiwrary Ixjard was to l)e api)ointed by the governor. He was to c II for three recom- mendations (.f nominees from each of the following bodies: the executive committee of the State Grange, the executive committee of the Oregon State b'edera- tion of Labor and an assembly of the presidents of the boards of trade and comnicrci: 1 organizations of the state ; and he was to name as a m-^mber of this tempo- rary board one of the three nominees submitted by each of these bodies. If the framers of the bill put this forward as a model for future boards, it is of in- ' If the Oregon CampaiKn Book could thus he brought out as an issue of an official gazette, it would be entitled to second class postal rates. On the last issue, that would have involved a saving to the state treasury of about $2,500. 2J9 ff THE iMilATiVE. KULKKMH m AND KEi ALL tcrest to ,„,c ,hc ,.ro,.,rtin„af. i„n.,nHv Uvw all..„nl to jJifTcmu dcMKMts in ,1... ,,,p„|;,,i..„ ,„ ,lK. f.,rn,iML^ anclfxecufiMKof ,,„|,Ik ..iMiii-.n. Hy s..,nc .urulc,.. „.. s,..,,(u. s.L.rv fnr rlu- mMHv- ors U..S mc.n.,o„c,l. al,h.,j,,, H ua. cxprcsslv Otularnl ••••' 'H;i-anr-shJIn..tappIv,.>,,KK,H^^^^ >unl.ly was to U.ex,.„,I.,hv then, for cxiKTt aceount.H.ts an.l utlu,- assi.,a„„ i„ ;,„ki„., •"vesti^rations. hnt the total expense ine.nre.l for sala ru-s an,l other char^n-s of the U.an| and t..r the p„h. Mm, of one dollar fo,- .aeh re^n'steml vo„r i,, ()re,..n. I" lu- ^.r.^nutl pro,H.sal an.l in the revised pn.posal of J.nuu.ry.,,,o. was a provision «inn. tl.e n,U- shonldT ,'" r'"" '" •'^'•-"•'■"i"^' -l-at nutter ^honld he adnnfted to ,he Cu.crlfr f n e of .harcre ri' ■ xvhLr'rf '"/V''^''''' '''^''' ••'^'^^ ^' ^•'■"""••"i^-tion uh, h the hoard ,|oes n.,t consider of sntVuient n.ter- .or pnl,hcat,on he n.ay pay at reaso„ahle colnn.u r.^cs. to 1.. I.xed by the hoanl. for the pnhlication of not exccedn,^^ three colnmns in any issne." Thi. nn- v.su.nd..:,,,t appear in the meastue hnally snhnntted. V .K„ the n.spectors were nppan n.ly r.nun.l to msert any comnu,nuar,o„ which a cn.xcn nn^d.t s„I.- m^tn. ess they co,nd ...elude it on tlK. ground t^ NNas mahcous. hhel<,ns or person, llv ahnsive - or possibly, on thegronn.l that, after pnblis'hin,,. the otlical J40 YEAR OF flXiPLIiS Kill.: IN nHliV.OS Mi.iurial incntiontvl not be ahU- |.. print ili •xcecdiriK: the liiiiii.ii or iri.laatc.linilirlaw. iluy wniM nu/xt\\ lonirihiitiun \viili..iit IM n iinjK.sriJ tiiM.ti tlitir tutal t\- iwiidjttircs. My far then,, t dalHTat. „ul im,..,,.,,,,. |,..u..,,r. 'f llK- .ncaM.ns ,.,„ for„anl |,y the- IVupU-s F..uer league was <„,. ul.id, co.unuplatnl a sNMvmatic ri- uasM..,„.sc.|.y.n,natnc,.titin„.. My pK^enu-al a,.,| nrclau..! acts .., ,,,,„,„,„, OrcKon- -|..ll..vnl l.v - new cloth .r tlK. nntKUiu. and ..f.reu J. ^ lo^rr;' ?"''"''•''••'■'• "--tiastwaH . pro -t ,vhKl^ „MlH- npini..,, .,- i.s a.lu.c-afcs (Who .'vc l>ecM. ,k- sumssfn! . lK„n,..„s nf Wirm Ic^^^^^^^^^ '•;"»• -n.,I.| cs.al.hsh logical au.I d-fccive rchmons ;. a;n. hHau -„K.U„,w....r the, ..pleat. he p<>,;: ami that ..f the rq.restntalive lejfislaturc At the ..t.tset this pro,K.scd constitutional amen.I- muu "'nnnlatol the powers reservclhv the ,K-nplo to 'nnseivcs.„anKly. the initiative and the referen^^^^^^^^ I nt.at.ve nuast.rcs should he put Ix-fore the j.-oplc on ''^•'"••-<' -^ -' M,ore than ei,ht ,kt cent. or. ..t the n-v^. 50...., ..f the Ic^al voters, and shouM he (iled th he secretary of state at least four n.onths l>e,ore ti. elec ,ou at wh.ch they were to he voted on. The refcren.hnn nn.st he applied to anv constitutional amondnu-nt. and n.i,d,t he ordered n,..„ anv act o ' K«-'Jt^^twl by the people infra p. 272. J41 i .. .v\i urn IXIIIAII I,, ki IKKINDIM AM) KKtAII. f I' tliv U'Kt-htii' Uy »ivt itM cent, or, at thi iiH)^ l»y i?'»i m..n- tluiii jo.tHKj, I tin- tcjf.'il M.fers. It inij^lu In' a|Mn| til ii iivi.huil iic-m> of a« ts ..f the li'i:i>latnre; ai»t.itr >\t 't, ifilt .1 ..| til,. in^ttlllMoMs .^ |n»r c )"' \i«l( til.... ( tpt it) ca>f> "f i-ijutL;cin y. i . act of kKiHlatiirf sli..ii!.i taki- iff« tt until tiiiHiy d «>-» from rhe tii.j ,,( th si'.s?.!. II at wliirh it was |»assftl. Ina'»- uili li'-ucMT, a- «• in.Mitli.s' (III ly mis;||i .n times ">\r ^a^l Kills. Ii IS jipiVMlfil that any mea-.»ire i< .'IK' ciiatii); or alKilisJMny M.me irtitc or liani; (!u salary, frriii ..r lutics of some otVuvr ) mIioiiIiI , into i'lFtit iniiiif'li.jtfly u|H)ii ils i»;»s .^^c. provj.lf. thriT foil Mis .,f alt fli.- mtMnU'r.s » lilt .i|Kt,ttiMii inratisc ifimu'iliate iufscrvation of tlie ^atcfy." I",\«n siuh a mcasnie iihsf.|iiciit ri-fen M)te should lUier |>ro\iilt'(i thai no uu-asiirt" af.i»ro\f.| hy vr.tc of till |K'o|>Ic colli, I Ik- rcjK-ak.I or auK'tKltd hy tin- lf.i(islati\c a-stmhly. ixct-pt by thrcc- foiiiths vote of all the nKinlH.T-, citvtol thereto. iVo- \i>i. n was alsfi made for the use <. the initiative and referendum under similar v< idnj. is in nninieijial af- fairs. 'l"hc niake-ui) and i»o\\( ,> ,if the lepresti.tative leg- of till mea^iiie ■ it !•- necessary pnltlc |*eaie. In mij,dit l>e anniilK was to remain m lie declared, ft ua^ VEAk OK PKOI'LES RULE IN ORKcjo^ i-latiiri- were nt-M mi (nrih Hi. m ,nUr. were |.. MUMin muluuiKf.l; ihirty iihiuIki. of i|,v senate aii-l Hixly ..f ihr LouH-. 1 Ik»c xxcrc to U- choMii fr.un Mitli ilislrict.H. toin|K.sti| of i..iihj^rn,,ii^ iirritory, ai >hnul.| k. pn.vi.lcl l.y law; t.tit nsuWinv w.tlun'tlH- • livtriit wa-* not mniird. On Hu- oik- ha,„|. the m»-m- I»»t\ |M>siti«m was Mihstamially Mn timhciuwl |,y m creaHJii^r elic term of scnaL.rs fiutu four to six yiais an.l that of reprfscnlativcH fr.im tw.. !<• six years; but this was ofTst-t h\ ihi- m-all. uhiil.. ..ii innaiMl of fvviiily-fivc |Kr aiii ..f the voters, nii^rhi Ik> invoked n..t only ajjainst an in.livi.hial nu-mlKT Init against the senate or the |,ni,sc , „• the enfir.- legislative assembly. rtilion re.|tnrinj; a general eleetion— in other words, the (onnal initiation of a measure to " turn .•II the rascals out "—was to o|>crate as "a complete suspensi..n of all the jK.wer Knuite.l by the i-<>oplt. of Oregon to the legislative assembh.' until the returns should J)c determined. The mei iIrts of U.th houses of th,- legislature were to Ik- elected by a novel system of proi)ortional representatio... the intent l)«'in.ir that any one-sixtieth of all the voters of tlic state, votinj,' ff)r one fn^rson for representative should elect him anreth.uUwe.vv words of his pohtical faith c^^^ his pled.i,a's to the people. In connting the vote, the total nnn.IxT of votes cas for senators was to be divi.led hv thirty and that fi^lfi ,.."'"'''"'''''"' '^>^ '^^'y- ^>'^ -esultan't nnmbers fix" g the .,nota of election - for each. Then the whole nnn,her of votes received I.y all the candidates of each party was to he divites should be thereby electe.I. Anv independent candidate who should receive for himsdf a .ItTo! votes, or a number greater than the highest remainder of any jKirty. shotild be therebv elected It is evident that the Swiss 'free-list system had re- 244 VFAR or- IT.OI'I.K-s KLIJ.: ix (jrkcjoN ceivt'd lart'fiil stiuh. It i (jufirum re- each house was the e.\ccpti( quired to do husiness; in case either Icuse should fail to efifect an organi/ati«.n within f;< e days after such quorum should he in attendance. '•-• tiiemhers were to receive no compen.sation from th. i of the said five days until a . organization should have been effected. This, howc'.i-. wonld no« prevent the recurrence of the exi)erience of 1897. when throughout the time ap- pointed for the session the legislature failed to etifect an organi/aticni because the re.piisite (|Uorum never appeared. A majority of all the meml)ers elected to each house was to be necessary to i)ass any bill. The yeas and trays nrust Ix- entered at the reqirest of any two members oir any (prestion except a motion to adjourn — on which the demand mnst fre sujrjKJrted by one- tenth of those present. Strangely out of date and empty of sViiificance irr this radical measure sounds the familiar r- striction tiiat bills for raising revenue should originate in the lower house. There was a f(^rnu(lable list of acts excluvle»l from the competence of the legislative assembly, with no less than sixteen items, jncluding the enactnrent of " any local or general law extending or granting ihe power of eminent do- 247 I! « Tin: INITIATIVE. KKI'KKKXDUM AND KKCALL main tc private c..riK>rati.)ns." Painstaking effort was imt J..rth to .levisc c\Krk> i,,y tlu- alnises most jirov- alent in U-ishitive assniihhVs. 1., pn-vcnt nn.lue Iiaste. It was provide.! that hills intr.uhue.l after the twentieth .lay of any st.s>i,„i shonl.l not be passed at that session, unless as enier;,a-ncy measures; ami tiiat none but an enierKeney measure should be passed until it had been printed and in the possession of each house, in its final form, for at least five days. Xor was any nu-asure to be altere.l or amended on its passa^'e thronijh either house so as to chan,i,a' its oriijinal pur- pose. Issue-dodyiiijr and the shirkinj,' of legishitive duties were to be diseouraKe.l by the de.luction of ten dollars from the salary of a member for each failure to vote on a roll-call. unles> such meml)er were excused by a yea and nay vote oi i maj.rity of all the mem- bers of his house.' An attempt was made to combat the evils of secrecy by the re.|uirement that the doors of each house and of all committees should be kept open. ** except only in such ca.ses as in the opinion of either house reqiure secrecy, but in every such case the yeas and nays shall be entered on the journal." Committees were required to be "liberal in allowing' public hearings on measures: the chairman of every conanittce shall notify, in wrhmg. all persons who ad'- « Those who h.ivc found Amorican patriotism personified in the Hon. Wilham R. Hearst tn.iv !„• intrrrsted to compute how such a rule as tins would have worked liad it b(>en applied to his recent ser- vice in Congress. It was rep..rted that during the 71 days of il„. short session of the 59th Cun^ress he was recorded as atisent 69 days 248 "r; ^im^mm&t'^'^:rw'^:\m'^ ^IFtT VKAR Ul I'KOI'LKS RUIJC IN OREGON' vise tlie foiiirnittee of tlieir desire to W licanl measure in its eliarj^^e. of tlie time of >>kIi 1 oil ativ TI lese Or eiiDii relormers leaniiij. (i 1. apparently rejrani lojr- rollinj,' as the most noxious of lej^islative «Iistemi)ers, an.l as a si)edrie aKsiinst it ' 'levised the loll.,vving oath, to I)e taken hy every memher: " I ..«„„ 5'>''tcm has shown that it nnv v i i . siihs lit.i.. I 1 , ^^ -^ ■''' •'•"•"".'lions re- rt '.'•"''' '" ^^''^'^ sntisfaclion to n.cn of " . , .Ifnnu ty,>c-„u.n who arc f.nn l^licvcrs h a n,^ ,,,,,,,,.,.,, ^,„^.,.,_^^, l'"<'ernonnaar (iinon.i, (jriMriii , ,,,1 „, II , .. v«»ii jo.i.v„f2, ... ^'"vJ':;r;'""^''''^- ''>■■•' ■"••'• .!«ifo .•• ''^ "'^ present f inc the ,,..„ K^ , '" ""■ ••"•""""ce.i that. Ik„„„| |„. „,„,,. -Lie, r ;, :;;,r''^%"-'' '-"s - 1,. a ,,„ ^50 Iti.r';'--'- ;*:=t«: i YEAR OF PKOPLES RULE IN OREGON to tnany of the old-time leaders of the Republ and the most ir)Miiemial newsnaper of the state out with the declaration : " Republicans of Ore leans ; came . -.Jjfon m- U-iid t<. repu.hate Statement No. ,. They intend to Mi^'j,a-st in assemlily or convention canchdates f.)r ihe I'nniary. an.l will pnt the knife into each and all wh., .leclare for Statement No. ,.- This n.ovement made such proK^ress that early in the summer "assemblies " convened in the several counties and in July a state ••assembly- brouKht to^a-ther some ei^d.t hundred 'lt•IeK^•ltes "to select and recommend" candidates for ( ongress an.l for the full list of state offices. But r a rose by any other name will smell as sweet, so i . ■ " assembly." as its opiM.nents had confidently predicted gave forth odors in.listinguishable from tlxxse which had led the Oregon voters to banish the " convention " 1 lie Orcgomni. which had stood sponsor for the as- se.nbly sch.me. acknowledged that in the most imr«,r- tant coiuity in the state the county (.rganization had heen • too much in hands that di.l not have the gen- eral confidence or public respect"; and it became known tljat on the eve of the meeting of the assembly there had been held a secret conclave, at the office of a local corix.ration. attended by the representatives of arge financial and commercial interests, who had looked over the whole field and had place.l their stamp of approval upon a full slate of candidates. With the work of the assembly thus discredited in advance it js not strange that in the primary election in Septem- ber. despite the efforts of the Republican machine ii f u I 'HIE INITIATIVK. RI-FF.kKNDUM ANO RECALL workers t.. put forwani the assembly candidates as tlx'sc alune entitled i,. the joyal supi«.rt of the Repiil,- luans. many i.f these candidates met with defeat. Ihe (hr>;o„ia,i rnefnily altrilnited nuicli of the .lisasler f. '•the more or less inisavnry and noturions hanKers-.)n "' l"'t|i state and o.nniy headquarters." I Iiere were ether si^Mis <,| an impendin^r reacti..n. " tiic preccling .session „f the leKislatiue there ha.j l>cen m.lKations that the representatives ..f the people were not entirely ac.piiescent in the spirit of some re- ^•tnt •• direct IcKislation." l-or example, the legislature 'flerre.1 t.. the |H-ople a !)ill providing that a conven- •""' Ih- forthwith elected for the pnr,K,se of revising t K- constitntion. The People's Power Leagne saw in 1 i>^ proiK,sitn.n a grave menace. Thev insiste.l that 'iK- nntiative and referendum already provided ample machinery for making whatever changes nnght he ,le- siraMe in the constitution; they professed fear that •i.e motive underlying this hill was a pur,K.se to "get nd of the initiative, referendum, recall, .lirect primary and Statement \o. , •'; and they rennn.led the voters "i Oregon of alarnnng prece.lent.s-cases in which con- yeniions had refu.sed to confine themselves to the tasks ""l'"scd upon them or had promulgated a new consti- tt'tion wnhont referring it to the i>eople. even when liH'ir mstruciions clearly prescrihe.l such reference I lie preceding legislature also aroused much criti- f.MU hy referring to the pe.,ple a c titutional amend- ment providing that state senators aiul representatives "^hould he elected hy .listricts choosing only one mem- -<5J YEAR ()|- PKOI'I.KS KILE IN ORE(;ON Iter cacl ill llu cry ohject of this |»rn|Mis;»I. it was ..lla'cl by Its niiHs. was t.. make |)r.)|H.rtini,aI reprt- ^nitali..!, itupoxsiMr. \\\ tlu- vutirs r.f () rt'j4<>ii ha.l •-••■•• ■> 'I V^< Ml ll.|l| '"nuinttcl (!ifmsdvc> I., the priiu-.pU. nf proportional MprcsnKatH.n o„ly tw.. years lu-lori- l,y a vote ,,f more than three to two. Willi a \oie MM these iiieiiaein,i: measures in pn.s- pen. an.l with the assemhiy can.li.lates ahea.lv in the hel.l. Ore^ron pnlitics early .IcveloiK'.l heat! Iw., inotiths hefore the \ovenilK-r election there apfK-ared aivl was inaile.l to every re^Hstered voter in the state the official cainpaiKii hook— the ( )re^ron voter's p.litieal )>nnier ..r cram-l).K.k for the cniinij examination in k^nxernment. This year it was lar^jer than ever, con- taiinn^ jo8 pajjcs. This l«„,k shows the voter, first, precisely how each measure will api^-ar uiwn the hajh^t thns : Proposed hy Initiative Petition. " Women's taxpayinj,- sufTra^-c amendment, prant- iHR to all taxpayers, regardless of sex. the right of suf- frage. ** 300. Ves. ".^01. Xo." 'Hie "yes" and the "no" under each rpiestion are a.Tompanied, as indicated ahove. hy a certain assigned nuniher hy which it can he referred to; and voters arc exhorted from the stnmi, an"ynay (lie with ,!„• s,a,. pnnt.r. >,Kh i^ts.,,,. ,Ji.,. u- U'.re ccM „f ,hc a.l,.| pa,.cr. Of IIK- Jlnrty-twn „K.as„ri.s prfsctiU-.l i„ H,,. ,,;,„ |h^,|, ••"ly ..„c was nnacnunpanicl l,y sonatlmi^: in ;|,e wav' "f ar^M.nuM.t. ulnlc so.nc c;,II...| forth as n,anv as three Muho.n,r.hnti..„s. Tu.../,f,h, .,f ,h. vnh.n,c-8s of he ..o« pa^.,s- ,vcn- taken up l.y ,|,eso attempts to I»ersii;„le the voters. ' '" "«-.r.I to ean.h.h.tes. also. ,he state acts as a •'•>tMlM,inr of n.tornution. f,, „,e r.^s, ,,,,,,,. ^Hc ^-M.IM-lH- ean.h.late nuy hie uith the projj ..ffi,ia, 3 ;^au..nent of his views, to the extent l.f L lu.rilt: r Is. an.| he may have printe.l against his name on «Ho nomnK.,n„0,aIlot the quintessenee of his creed in -. more .... .wclve wonls. Then, .nu.er a law' ^ "/H, pamphlets o.npile.I hy ,he secretary of state arc |^.|c.L contaimn, h.o^raphical sketches an.l ,K>rtraits nf can.lHla.es for party nomination. ...^^ether with the ar.nnu.n.s f.le.I f.-.vorin, and op,.sin, a-r.ain of hct he expense o, such p<,li.ical a^lvenisin^. I,ein^. paid f- hy .he candidate or hy snch of his representative^^ ^..n thcr na,nes ... ie. Some of .his n'ateri or h" ast elecon .as hi.ddy interes.i,.,, n.nnin,. all the uav fn.m a d„mfie:» .,... . ' r-^ rankest na.nre. on the other Pnhhc speeche ami deha.es ucre freqnent. As he e lecon .,rew near, the press from day to day put hslied eduoruds on the leading issues, together with 2M VEAK OK PKOPLES RULE IN «)KE(;o.N lri.K.h> Icttt-rs fruin i.ucrcstcl citi/cns. m.Kl. a., tlw .H.n,kM> uf ,lu. ,\,U'raiLu~U. cite an august ,.rca..lcnt -■ucrc ,M. M.^hnl in lit. .nonths while the ratifKatio,, of JI.C fnUral constitmion was i„ .nK-siiun. Thons.nd. H prnatrly printc.l IfafU-ts a„.| pamphlets were .Hs- M'l.iited. and more i.sc tha.. ever Irfore was made of xiMce ni the newspa|,ers; s,.,„eiin;is blanket muvs, I'lan.lv n.arke.I '• ,«,u| ,K,li,ical advertisement." were dcNnttd to a .single f|ne.stitm. To the majority of v..t- t.s m OreKoii-as in every ..thcr state— jK^litics is of *"..rH. larjjely a ^ame of - follow my Ua.ler "; bnt it ^^••"ld have iK-en .lirtknlt for any Oregon voter to have "■"'•Mned totally ignorant of the principal i.nnts in- v'-l^cd Ml the more imiK,rtant measures .>n which he was ,o vote. Moreover, in snch a state of fer.nent and heated discnssion the leaders are h.rced to cme «'•'< "ito the <,,K-n and show where they stan.l Bnt in OreKon. with the .lawn of election day. ">;• ti.innit and the shontinK dies." for election pro- acdm^s are regulate.! by a most stringent C'orrnpt I raciK-es Act-an act. it is wHI to recall, which was rejated by the legisla.nrc but was th n forthwith put iH»nre the people by initiative jR-tition an.l by them ^•'-■•.. ted. 'I he *• Oregon systetn " has thus supplied one »f the tnost essential conditions for its own successful "..rkmg. |.:iecti.)n day in Oregon, since 1908. is a P"I't>cal Sabbath, holy unto the state. The time for ^r^'ume, and influence is |Kist. Ihe " thou shalt not " y» the l;,w ai,plies. not only to ni<.ney payments to af- fect votes, b it to paying the extn-nse of trans|v.rtation 255 rnr iNtTiAtrv hi riKiAm \f wo rk( xix m, .t >. ii nt VnU'fH I., nt (r. , llu- jH.Ils .,ti.( {,, |„ ,,^r. selling. giviiii; ,,r |,ruvi,hi - - any |..l.tual iM.lyr. ImiU,.,, or other iusinim tn I,, u.-rn at ..r aU.nf tlu- \n,\U ,m the •lav oi iliTli..,,. .,n.| M., mkIi i».hi,.al l^atlj;.-. Imtum or other insiKiiia shall Ik uuni ,n ... alH.iii th,- |k)IIs on .•my i'lt'rti..n .lay."" N t-itluT shall any |Kf,..ii "at any place on ihe .lay ..f any eleiii.-n a>k! solicit or in am- manner fry to in.hue .r |H-t sn.uk' any \..ur on sud\ election .lay t.> v..|e h.r ..r retrain fioni otini; for anv can.li.lntc ... or any ineasnn- snhinitteif t.) the |)Co|)lr,- nn.ler i)enalf\ ..f a tine of nallof of th:.t .lay. K..r e.v- r tnple. th ..ter ii- ..f/ii.ct Xo. (). Mulfnf.mah county —a P..rtlan.l i-v. ;ii ha.l to make his choice, be- tween candi .. i;u-.| np,.,) the l.all<,t to the num- »>er of 13.. ior the filling- ..f f.-rty-five fe.leral. state rsyl county nices— rnd tiicte were I.lanks where he uiight write in the names of yet others. .\n,| when he ha.l rec(»rde.l his choice anions: this host uf can.ii- dates, his task was hardlv l.eirtm: for in Oregon the votet • a law-maker, and if may Iw that more imiK.r- tant ie«^ .tion was to he enacted that .lay than in Sa- lem's " I: .lis of legislation " .hirincr the next two vears. 256 VKAR OF pr.:r)n.i:s ri i.k f\ okec^jj Mr Mr v., irfis „s thai the ...„MM„lH.n .., rhc [ „irH •MaicH vxMli all Us anu„.|„ui.i^ ,„..v In m,,.| „. im-n,. - ilHiM niii.Htvs MnHy i„ rca<| a!..,,.} ,|,«. „tlrs ..( .jk nKM-nrts „,..„ ,),.,, Orv^nu ImII-., u.miM lakf llu xottr •"".• M.MM.t.v ( ui.M.K M„t all tlM- , s,,lanal..ry heaH- m^;^ iIk- iiH-re tnU-s ri.,,„i,c somcthiny lik.^ i nr *v..r.U-a,,,,rn.xi„,a.dv th,,T Mnemh, .,f ,|„. ,|«,,,„ ""I.K in the fe,U ral c^nstilnii.,,,. ()l,vio„s|v ;|.r vt^-r "•"^' "..f |H.st,H„K his ucj«|,j„^r „f arKiiim-ms a.i.| ilir "w.lM..K-np ,,i his m,nd a. tn issues umjl he kc!. tfii' ;•••'"<•« ", h.s han.Is. else the cliTti..,, u.m.M hanjlv vr' 'H-.'UT. 1>.M ihat halluf were- thirty -tvvn.hsiinct pi .- i«-^t^ "f .l.mf U.^ri,ia„.,M - fh-vu. of H„.,„ invnlvn.' ■'"-•-'I"K-M, nf the state o.nstit„tiu„-~,,,ue.I thorc hv "■•<•« 'l-nrorau fm^cesscs. One. an act incrcasn.K^ the -■'lary n, a rrtajn ii„|«;eshi|,. was a rcferen.lnni nr- ' ern! I.y ,H-t,t.n., o." the jH-ple ufK.n a.i act ,«ssc.l hv "'<■ ■•'St Ic^j.slatnre. Six of the niea^nrcs were referreil '•' ilK- [K'nplc In ^ofe ,.f ,lu representative legislature "«■ "»h. r tuenty-r.ve measure ucre prn,M.se.| hv ini- i.atne pctMM.n. These last-.nrr.tlMncd n.eas„r.. „f """H- ether iKuI urver fn-u passer! uik.u hv the lepis- IntKc assnnl.ly or- -as i„ .,, i,ast one insiance-ha.f "K-t With .Irftat at its han.Is. WlKif „f the re-^u'ts of the election? fn th- first (''■•'••V. It IS to Ik- note h.tter a camp.',ijtrn hn.uL'ht r.„t a verv heavy ^ 'te The record shows that the str.to contains aho.t't '.Vvooo res:istered voters. The tr-tal number of bal- lots ca«t :,, ,1,^^,. j^,^. jj^^ ^^.jj ^^^^^^ ^^^ 120.J4S. «$7 m^m plurality of r..i()_. u\ir |;,y IJournnan. the Kepuhlican whose non)in.ili..ii had U-en forced hv the " assemhiy." 'riu- Soci.dist candid.ite iM.Ilnl H.uz,(, votes, and the I*rohil)itioni>ts ,{ the direct legislaiirtn movement, in a recent address, laid great emphasis upon the proposition that direct legislation is a safe and 258 VFAR OF PF-OF'LKS RULE IN OKKCOX s.in V imthod of lawmaking k-caiisc. "if the vodTs ,1., n..i ntKlcr^tati.l a prepoNition that is plaml U-fore thnn Ik V vxill >im|)ly vote aj^ainst it." 11 ic writer suIj- iiiiis that psych. ,Ioj4iial theory aii.l the resiihs in this Uion and orator Allant or state-wide pro- > were imported, r^^^n from tl le () ( u- states, to waj^e the battle a^^-^inst the s.d •PlH.se this project, the "(ircater Ore-.-n lb Iv'iiU .\s.sociat (1 oon. un- ion was formed .md th iicnce a constitutional amen I.. (.|..>j| ; ;,i„| a .IiasiM |.rM|«,sal |., " |.r. ■!. il.it. |.n> .-m .m,! Mispress the iiiaiiuiarliin' s,,|, . |i.,s»- «si,.n, «\,*ian;^f ..| jLji 11114 ■'"■''"' nilMM.atiii- |i.|,ior> ,\„<,ip ,)„. ^talf ua- iri.Tlf.l |,y a \i>W ..»" .}.•<.; 1 1.. <..<.Vm In o.nlrasi uitl. (|„m' h,{\\ cmlr^u-.] ti.|u..i-" .{iK-sti-iis was a line) aiit! vai^iic m\ iiira>inc. ..ii \^Wu'h ^j.(wx) fowiM- iiicii fxpnssi-.l .III ..jtiiii'i! Mian .11 rlu- !'..al .,]». tioil ailK'IKlllH-llf. In tniisi,Ii-nn.r(! u,.|. ., u..n! of i|„. ,.i^.,|„ [,,,|^ t..r .r,.;,f- iii;; iH-w -iiiifM',. i-Mvy ,„i,. ;vas r. icilcl. The u^-#l votes oil Ihcsr .|!tcsli..iis ran>,H-«l {r< o.fisj.lne.l tlicin as piiri-ly I.ual issue^. witii thr pR'suinpti.Mi a^'ainst their nicriv i lu !ar-c nimilKi of miHi measures upon the hal!..t is aeconute.l lor !.y the fail that the present law of Ore^.on ,1,^. i„„ .-.Hou e.,„„ti,.. p, he eivated or their Imes to i„ rhan^e.l hy an or.hnarv aet of the K^-^tative asseml.ly: vm-vx s,uH lau must he v.te.l uiK.ii l.v ilu- ,K-opl.-. |„ Mcw n, ,I,c. voter>' marke.I 'hs|K.>,tio„ to ,K.f,,„ such propositions, it wn„l,| seem that son,,- hiVhiy .lesirahle ehaiiue. mav pn-ve almost Hi4K,ssihle ..f attainment. At this same eieeiiun. a bill jflO vr:.\k oi- I'l ni'i.i: ^ kt'IJ. IN okkj.o.v uiiuii pn.vi.lnl for the cliaiiffe of .'tlKl I'll" 'Uv iTt-aiiiio of iifw ti existiuj^' cnnnty Hiws >\\n%, o.imties anil miinii- I'-'l «li^tn,i . |,\ ;, niaJMiiiy v..tr of tl„- I,.-,! Ilic Irnilniv allVch Voters of .ir'i o| il,;- vv Hi|.|.oil and inainti-nana-of .|;,( 'I uas rt'jcotnl. .^7.i.M> to 4_'..i_7. pi"vi«; to «io.j_^5. \m ~i!.Mnlicancc as ilu- is>iu nni was parsed. 'Ihi^ result is of little ir the heaviest adverse \ot s wov ahnosi pmely l(.cal Bv w.i- rast a.i;airK( a pro|M,sal for tl > majority of 5.S,3r>H— I '"1:4c ot a certain court of Si o ■niily. in addition 1,, I,i^ ^,-,1 If payment to the X' :nuiualls hv liaker lid that tlii« iry from the state It m«'nl. Tl ••■.' '" "" iiie siaie It IS l"<'P"s-'l ua. not with.-ut precedent and H' enormous \ote against it is to 1 "led mainly to the pn.verhial d >e attiih- ^cep salarie imposition (,f the vote rs aiKi !'".\ whs.h may have liad it "iher e\jK'iiditurcs low—a t eii- ' 'he nornial-sclio.,1 I.dls also. Tl R.ve.i into a local .juarivl. nia an act of the leuish sinuch as thi> measine niVreiKlum iK-tition. Auotl Ki^lature which had heeii heh 1 up ted to he elfectivelx 1 ler issue little calct il le hil pr landled hy direct Ie}^risl;ui.,n '"••'l"»^i'd hy initiative i)etition. pn.hihit '■''^!iil; of (isji fiMui the R was iny the interest if ; Tin: IMTIATIVE. REFRRRXDUM AND RECALL of the state to preserve angling on that river. On tfie other hand, the representatives of a eanninj; concern, whidi hail tnase(| law wonhl have tnrned into jnnk — iHtitiofied tlie pro- hate conrt (for the cannery was part of an nnsettlcrti- •ivn an«l showing its ern^rs. Tliis rt-(|nest Uing - jxinents; an argument was also presemed by tlie tisher- men of the comity in which the castnerv is located, set- ting forth their interests in that industry ; while the kogne River Fish Protective Association came to the defense of their petition with a thir .hey ,-ejee,e.| a hiiI.pro,K.se.ll,vhntiafi;e,>e- ;"•;• ""'^^^'""•'— ••"«-. n,e„;nan.e.I in the , ; "■" ;"7"«:"*- ''^ ^"''K^t ;.n.| snhmit a .haf, of a ■;•'"- lo,,sl.-,,v. ..s.n,hly. ln,heean„.a,\M,lK>..k - n.;pn... was o,,,..se.lhy the (,,e«o„ State Kedera- "••" -n.ahor on the ^.r..,m,I that s.K-h an i„vestiKat.on ^^ tn«^essnrv masnnuh as ,f>e ,nestion ha,l aL.h W,n^ ....n^hly ,nvesti,ate.| in other states. es,.dallv N- V.rk N.ee.lerat.o„f.„,hnaIIe,ed that this 1 ' lu' ua. a „„.,,. hhn.l. insti;,ated by the K.uployers' -'p^r.m through whose in,h,e,u-e an in.len.nit; act :;;'-"l>l.«-ke.Mn the last session of the ie,is,.u..re. "- l..iH.r ..r;^«mat,on was itself sponsor for a n.eas- - ^in.rn^. ,,n.eeti.., n.r ,H.sons en,a^e.I in ha.^ n n.en,pt..vnH.„ts.,et„nn^anWexte...Iin^th^ ' • "^ 'y->-rs an.! pro.i.ln,,^ that oonfibntory -.l...-nee s,.,^, „,,Hh. a We.enee. although it n.,.lu " 17*" '*; '''"^''' '•>• "- J""y in hxin, tlH- a,„o„nt ; tl^auard TWs was appn we.l. S6..5H ,.. ,3 04, •-n--«r.isinl„...,Uwhep,,;itionofte.M;;!in • •''• '^"'^^'•'^ '^^^ h M,ch stn.lents of the lab.)r a64 I*. itj ' Tlir l\m\Ti\|- KF-F-rKF-.NDlM AM) Kl t \|,|. fiinvfim-nt as tl,r lau ( ..rnll I) W rii^ht, ul,..|,a^,. ,n ^i-lr.l that iiii.ki I. til iM.lnstrial coiLlifiniis tin- " tri l"u->cnanl ml,' » an ana, h,. .,„Mn u In. I. . .li.n unM u..rk Knivr iiiiusiuv |5„i iIm> k a . ..mi.liraU-.l law, inakiii« \(iv .Irasii. .kmaii.!- ..i .in|.h ,».,.. Mil.jrctin^ ilinn U, tinr .„ iii.|.t ,,.,ni.u-iii .„ |,.,tl, ,n ninnnal pm- Tclin^. I.M- \io!,,ii,„. ..I iIh- |.u\. aih! unuiM dciu-n.I tilts ..|- an .•ini.|..str kilh,l ni tlir ...niM- .,, |,„ nnphn- mnil "a rij^lii ..| a-tion uiili,,i,l an\ hinn as t..ani..ni.f "i .lania-fs ulndi may !.,■ awai.U-,!- W 1i.||k., n i- I'T llif hvsl i,,i,T,>i> ,,i i)u-nu nulnlru- an.l .,| il,,- tin|.I..\,..s tluMi..hrs tiK.l ili.M' .|K-.,i;.-,„„l luavv Inn «lnis |,i' .lin.,|v,.,| ,,|M,n tJH. nnpl-.vn. i.,nan,^ n, !.,■ >t-n,, I, ,,,.,!, ,i„. ,,,„.,., ,„,,,.,,,., „.,, ,^^^^^.^. |,^_^^ ^_^^^ sfcon.j a|,im- ,., .kdair l.s a n.,i..rnv .,( ./^..kk, ihat this sliall In till- law. lU- Mil.stanlial niajn -ti,., tu., nuaMiUs ,.| ..t-nrral ■"lert-st wrri' pass.,], ilu- ..n. ,., „ln,^ ,. ,• ll,. I..ca ti..ii. c-..nstnH-ti..n an.l ,u..\.-i nuunt .., a l-randi n.sant- ;'\vlnni (V..I.M to M.5",,. ,1.. ,„|,,, .ntliori/ui- n.nntics t-M-xn-t-.l tl,.' S,;.,,,),, .Mm mi. i..,- inr pn.p..,c. of lanl.Iin.; pninant-ni r.-a.ls vM,i,„, .j,,. ,,.,„„, j,^,,. \i.k-,I s.Hl, ,i,.i:is arc Mu-nrrcl nn ll,,- appn-al , i a nn jiMMv Ml iIh,.c ,,.tni.^ nn tlir .jnvsti,,,, , :, .-; ,., f)tu- .,r the ni...i ra.lual nuaMirc -.ul.niitle.l antl..,n/n| tliv s,at,- .„• any ,o„„tv, nmninpalily .-r la.Irna.l .1,s,,k-| ,,, pnnlias,. ,., r.,ns,nu'i raitrMa.ls .., ntluT hi,i,rl,wa\s unlini il,r statr. an.l t.. k:,,v ..r ..per- ati- tlu- .anic it l,as htui sul-.m.-.I ,|,at tn,- nal .,h- L#--r* YFAk or cFofi.r-s rm '■ 'N' <)HF.(;o.v if«t i>{ this mcaMirc. uliirl '\ ilif lt'js'i«.l.itiirf. was I ailruads hy threat » was nft-rrcl tn the people .i-'.-'^M to 4r.,();o. <• scnirt- iHtit-r sen ice fn.mthe was r« jeited. "I Mate aeti. 'M. It \ « rhiall ic l»..cket-net\e nf tl,,. \ y sensitnr. I iirts relafinrr to ta\at |«'i! !hc hall.-l niericaii voter is pro- i<»ii. Allwftl were three nieas- v. I not ..lie of them puUvd ;. I, I w « 1 w hici I were rejtrted, <,iie st.-ocl .n tl lem were ir)i|x)rtant. •r«e vnte: in fact, of tl le '' t'le list ,,\ thiriv t le \erv Ixitoui w<> .1 pl-'ice m tf>e voters' interest, 'n '"1 the ..ther hel.l thirtieth uas a o.nsfitntional anietxhiu K' first ,,{ these three i I'- In the leuislaf III. referred t<> tl nre (II le {)eo- '■^■*tiii- a nin'forin rate of ■axahnn exce,.f on pmpertv s,HTilicalIv taxed a..tl '^'iii^ lhele\yanati..i ' Pr-'l't-'iy. ami appropriatniy st 'v; state taxes as IS, M.'x^ Tl le sc(i,iid «a lis was rejected, ^j/ "iK'ii.hnenl. alx, referrni t.. tl »J<> to pn.p.,scd Constitutional 'un\ \i .dl ill i oum from flir c.^lstitiit laxation shall h "H thereof die words -taxes shall he levied iecifd ior puhlic pnrpc I»eopIc hy the lej^M'sIa- '"11 the words -'and insert and e«|ual and uniform " and t \ ^ luav. iiall nevt-r I le s Tl t''.i7-'. Siudenis of Orej^on taxat »ses only, and the ix.wer to nrrendered. susjjcn.led or contracted i-s rejected. 37,6 Ky to lis ameinhiifiit al So w -^'Tted that tliese 1 I'T innch-neei M* Tin: I.\ITI.\TI\K. Kr.rKKKXDlM AND KF-.C Al.l, tin- jimi^qTs. .m.l Initli wen- siipp-.rlnl in tlit- oam|i;ii^Mi Imm.Iv hv ail ;.rKunu'nt siil.iniliid l»y tlic Oregon State li'.Urati.iii ..f |..,lH.r aii.l tlif ( Viitral \^\]><>r Iniiiicil of r.-rtlaiKi and \ iiinity. I'.iit this ar-iiiiifiit slu.l lit- tle lijjlit tiiM.n the precise effects to Ik> expecte.l fn.in the ailopti.iii of tin- prup(»sehinj.j ]h,\\ or head tax." Ihis amendment was ad\ncated in a hrief arjL,niment. which covered the two preceding measures as udl. l)y the ahove-iiieiiti«.iied laUir ort^ani/atioiis. rriiv, ipal stress was laid uim.u it-; .liolishiiijr tin- un|H,pular poll tax, and it is freely asserted that the mere inclusion in the title of tht.se words maile a sufficient api)eal to preju- dice a^'ainst that minor feature oj the tax .system io secure the small majority hy which the amendment was adopted. The other point most emphasi/.i.i hy its a.lvocates was the (>piK)rtunity which this law would afford to each county to try experiments on a small scale with different systems, from which expera-iu- other counties uii,t,dit profit. It was further ur.Leii thai VFAR or IT.OI'I.KS KLi.r. r\ orfj.ov rt'Knlafi.,M of taxation u.,iil,I tl local l'i'"|''t" " thf .lircii I«M»ks." .\,,\vl ms secure to the ";>\trt..,ManaK'ftlK.irnunp.H:kct •■'•■KiimoiH print, I in tl 'I'c in the nieaMirc itself i»"r in the ll'T u],ji\i of tl 'f tani|)aij.n Ikh.!; ,I,,cs the „|„ .i«n. li"We\ If measure receive nient er. '"''f'l; it was t,, i,,;,!^ was well kn..nn ami SI ii^Me t isS ilile tl k't'iierally recu^r. ;i.\. |'><>o,H~i ). Vl v a Vote of •a sure oanipaiji;!) lM„,k, iH-arlv two t, ' one land-value tax svsi "^ year the advocates ,,i || Ml JfnuiouspoIicvitl.evalloNM.d tl fin pursued a shrewder hut I le less '" pull out of the ( le lal )or or^ini/ations are f( •niHl to lia\e a sti 're >ome n.,-,«,|l-tax chestnuts, which ■onI t'- A I rhe previous el finions diffci lev uoiild to (ill have otlt- •'•'<^. fl:e sini^dc-fax proposit itcli(.ii in Multnonial 1 coiuitv, t'^.^ \oies in a total of jj ''■'• hy ihc ,,v er^ioii i.t Some th "•n was def.-ated l.y only KV)- This would suKtresi f or four hundred re J !.>||u- -iii;;U {.i\ «rin!. tlir iiio,| |».•|l||i••(|^ i utility of Ihr stall- may In- ina.l»- flu- liisl iiti|Hiilaiit lain. rat. .rv f'-r tt^tiiij; the \Uuts (,c. i>fi' iheurifH. Natiirally thr siiiU'lf ta\«T"» arc julnlaiil' : luii in tin- n-st ..f the loiii imiiiity— f\in ain..tij( those not iii(|iN|iiisn| to shiit ii|M.ii I.iimI »aIm-> a far liia\iiT |>ro|M)rtion of the ta\ l»tir«Un tlun i*. a j;ra\e iVdin^j *,i apprehension. It is i«li that n.. .me Cotniiv tan safely stand al.M)f nn«l liv its. Ii" III liiiiiuial relations in which the interests of ilif entite o.tiim.uuvealih are so c|.»sely interlinketl. Ili« nieasnie whirh lalied ••nt hy far the larjfcst Vote, with llie exieplit.ii of the li(|nnr measures, wa* the " women's taxpayin^,' siifTra^e anien.lnient. ^rant- in« t., laxjMvers. reKai.lless of sex. the right of suf- frage " So rtad the olliiial title plare.l njM.fi the hal- l"t hy the attoi IK y general. This is the fourth time within ten years that this issne has Wen forced to a Vote, three times hy initiati\e |K-titioii. At previous flections the majority ajjaiiisi women's sntfiUKc has ken as f.illows; in n>oo, -M.^7; in nn>(i, H).i7.i|: in u>i)H, -Ji.f.p) This year the snfifra^jistx t.M»k a new tack, emphasizing strongly the ^ricvanci s of the manv taxpayiiif,' women of tiie state, and r|..sinj( their a{>- |K-al thus: "()re>4..n has now the ..pportnnity to lead the world in a safe and conservative extension of the elective franchise to every wftman who is taxetl to sup- port the ).rovernment. .iiwl we earnestly hope ue shall ' Mr. I..mi.li F.K. Ill,' tta.liiiK sin>;l«-.tax pn)p(iKandist has al- ready i-oni- t.. «»nK..ii. ;iii.i iIk- siiinli-t.ix prt>Krainmf i^ ..pt-nly an- IViUlKtnl iij the iliivf iv.lU- f.ii lyl J. J08 •^ YEAR OF PKoPLtS KLXK IN ()RE«.c)N !i> f l>r ciiinnclled to rqicaf thi> a|n#al in hh-' " Bui iIh- \..trr \\hi> rcini not incrris thr Lall-ii nih- .ii„| flu- ipiHal hut .iho the law itwlf fc ' that thtrc was a ;;laiitiK «li>icrf|»ancy l»el\sttii thrni, fro|).i>r.| inunilnu'iil nia " every citi/en ol thi- I iiiicti Sialic .if the au'c of twrnty one yearn ii *.| n|nvartate .lurnij; the six months innneiliately |Tinee in the proposed amendment alniiit taxpayin^; women is pure IniiKomUv It adds n..thin^; to and de- 'latts nothinj; from the preceding pnn isimis " Ihe llarnij.,' of the alMive title upon snch a measnre -utiKists some interestinj; ipiestions. What is to he said of Ihe le^jal acnmen of an attorney-jjeneral wilt, lonid either formulate or aaept smli a mis I'-adin^j title? As for the women who presented ihis as "a safe and ionser\ati\c extension uf the titvtive franchise tu every woman who is taxed." if iluy were not cleai-heade The Oregon suffragists' initiative petition for 1012 has already been filed (January, 191 1). It IS singular that on the same day (November 8) in the adjoining state of Washington the voters should have adopted a woman's suffrage amendment by a considerable majority. On the eve of the election Alfred Brown, who had been on the stump in Washington for woman's suffrage, predicted its victory at the polls, adding: "The ambiguous wording of the amendment will poll many votes for suffrage since the words 'woman's suffrage' are not mentioned. We . . . often vote 'yes ' when we don't know what we are voting for."— Boston Herald, November 5. 1910. The suffrage was extended to women in Washington Territory by a law of 1883, entitled "An Act to amend sec. 3050 ch. 238 of the Code of Washington Territory." Under this women voted in Washington till 1887 when this law was held to be unconstitutional because its object was not expressed in its title as required by the Organic Act. "Females then are not voters in this territory." Ilariand v. Territory of Washington, 3 Wa.shington Territorial Re- ixirts. 131. It is a singular coincidence if woman's suffrage has now been restored in Washington by means of a ballot title purposely evasive "relating to the qualifications of voters." 270 YEAR OF PEOPLE'S RULE IN OREGON a measure providing for a convention for the purpose of making a general revision of the constitution. This was antagonized by the People's Power League, not only because it was needless and would occasion un- necessary expense and disturbance of business, but also on the ground that it was a scheme for getting a constitution adopted and " proclaimed " which would do away with the initiative, the referendum, the recall, the direct primary and "statement No. i." It was d'.feated. 23,143 to 59.974. The second measure pro- posed an amendment of the constitution providing a separate district for the election of each senator and representative. This was an obvious attempt to pre- vent the carrying out of the principle of proportional representation, adopted by the Oregon voters by a large majority, only two years earlier; and it was rejected by a vote of 24,000 to 54,252. The People's Power League succeeded better in defending the ground already won than in capturing the new fields toward which they had directed their campaign. Of the four measures which they formu- lated by the elaborate process described above, and to which they gave earnest support in the campaign book, in the press, in pamphlets and on the stump, the two more radical measures were rejected, Of these, the one which suffered the worst defeat was the proposed law creating the board of " people's inspectors of gov- ernment," who were also to be charged with the duty of publishing the Oregon Official Gazette. This meas- ure was loosely drawn; it sought to create an office 371 .. '1 THE INITIATIVE. REFERENDUM ANH RECALL i I i i; which was an absohite innovation ; anri su. e of its features were calculated to arouse distrust. The news- papers rifliculcd and opposed the institution of any such board of recording angels for functions which the press assumes to i)erforni. and the measure was rejected, 29.995 to 5^.53«- Defeat, though by a closer vote. 37.031 to 44.366, was also the fate of one of the most carefully thought out and comprehensive meas- ures ui)on the ballot, namely, the proposed constitu- tional amendmeni which essayed to redistribute the legislative power in a commonwealth where the initia- tive and referendum have received unprecedented ex- tension. There was no measure upon the ballot of equal political interest, and none of which the opera- tion would have commanded, in anything approaching the same degree, the attention of the country. It would have introduced a variety of untried correctives for legislative abuses which are widespread— the ger- rymander, tyrannical rules, absenteeism and log-roll- ing. By a still closer vote, 43-353 to 41,624, the pro- visions of the direct primary law were extended to presidential nominations. On the nineteenth of April, 1912, accordingly, each voter of Oregon will have a formal opportunity to designate his personal choice of candidates for president and vice-president of the United States; later he may take part in nominating directly candidates for presidential electors, and in electing, under a system of proportional representation, delegates to the national conventions. Men of char- 27Z YEAR OF PEOPLES RULE IN OREGON acter and not merely of cash may stand a beiter chance of l^eing elected delegates, since the state is to pay the expenses of each, up to $200. Space to the extent of four pages will be available in the state campaign book for setting forth the reasons why each of the sev- eral candidates for any office to be voted for by the voters of the state at large should be elected. The sena tcjrial and congressional candidates must pay at the rate of $100 a page, but "no charges shall be made against the candidates for president and vice-president of the United States for this printed space." Four pages of free political advertising are therefore to be available for each regularly nominated presidential candidate in 1912. It may be of interest to several recently elected governors of eastern states to know at once that the Oregon campaign book runs about six hundred words to the page. By a substantial majority. 44,538 to 39.399. the voters adopted the amendment aiming at reforms in the administration of the law. The most significant changes are the abolition of the grant of new trials on mere technicalities and the substitution of a three- fourths majority for unanimity in the rendering of a verdict by a jury in civil trials. As the smoke of the contest clears away, it is evident that " people's rule " has strengthened its posi- tion. In a state normally Republican by 25,000, the election of a Democrat by a plurality of 6,000 over the Republican forced upon his party by the " assembly " can have no other meaning than that the rank and file 27.1 THE INITIATIVE. KKl-KRKNDL'M ANT) RECALL i i of the voters resent the attempt to emasculate the •lirect primary and the '" ( )re>;on system." Tlie rejec- tion of the propose"! constittttioiial convention indi- cates that tlu' \( iters are cotilident tliat needed changes can be made hy the initiative and reterciulnm. ami that they do nt>t propose to run any ri-^k of losing those ixiwerfnl agencies of public opinion. They rejected the single-district measure, because they had already cotnmittcd themselves to the principle of proportional representation, although they were not ytt ready to accept the application of it submitted to tliem at this election. In appn)ving the reform of the judicial sys- tem and the extension of the direct |)rimary law. they were following the same leadership wl h in the past ten years has made Oregon the most interesting jjo- litical experiment station in the country and has con- ferred upon her people a greater degree of direct self- government than is to be found in any other .\iuerican commonwealth. But does this " new birth of democracy " promise permanence of the go(y.l and progress toward the bet- ter? It must be confessed that the election just past has gi\en its notes of warning. In the first place, the ballot was a preposterous thing. " It's like voting a bed-quilt " was the comment of one of the policemen at the polls. Experience will certainly prove that the " short ballot " movement and the *' peojile's rule " movement must go together. The voter's task must be made reasonable. Not even the allowing of two months for the conning of a campaign Ixiok can make 274 1^ I YEAR OF PEOPI.FVS Rl'Li: IN ORR(;ON it reasniiahli' to expect that the voters, at a sinj^le elec- tion, will clinoNe with (iisciimiiiatinii forty-tive officers from a list of i,^i can«li(lates and then vote with intel- lij^eiue npon thirty-two tneasnres of every variety and grade of importance. It is j^a-nerally conceded that a considerahle pntportion of the measnres were ahsnrdly iinsnited to he voted npon hy the people of the entire state. This was certainly the case with the eight comity hills; the three normal-school hills j)rol)ahly l)e- long in the same class; and at least two other measnres were of little general interest. The men who have had mf)st inflnence in introducing " people's " rule in (Ore- gon are not hlind to this defect. In the first draft of the measure for reconstituting the legislative jxivver there was a provision that the numher of direct legis- lation measures to be voted on at any one election should he limited to twelve, and this clause was strongly supported hy argument from theory and from Oregon experience. It was found, however, that this proposed limit.'ition ujxjn the voter's power was un- popular, and it was accori'mgly thought best to cut it out lest it should imperil the entire measure. The Oregon voter has found that he can make laws, and he is little impressed by the argiunent that he would do this work better if he attempted less of it at one time. The experie; :e c' this election, furthermore, "las proved the need of attention both to the psychology and to the ethics of title-w-riting. One measure, said to have been of genuine merit, is lielieved to have been 375 THE IMTIATIVE, REFERliNDUM AND kttALL 111 I I I: , I- 3 ' I defeated 'wause its title imlndcd a doubt-raising rlaii>e wliiih had l)een stiaessfully avoided in the text of the law itself. Another measure of (hihions merit was |)assed. prohaMy f)ecause tlie title, while sile.it as to the main intent of the law, made a successful aj)- peal to an exaKk'frated iMipul.ir prejn.licc against a poll tax. Direct legislation is not the spontaneous rcgiste injf of the individual voter's matured judj^nnent as the Ih-sI method ..f dealinj; with a piven prr>blcm; the \<»ters sit.:|)ly say "yes" or "no" (or say nothinjj) to specific proiK)sals originated, framed and phrased— and every step in tl procedure is of conse(|uence for them hy some one else. By whom? I-or what? These may at times prove dis(|nieting (piestions. For example, not one of the three tax measures upon the Xovemher ballot was drawn in such language as to make its intent clear and unmistakable; nor was this lack supplied by any enlightening arguriient in the campaign book, the one argument there submitted, in joint advocacy of the three, being in tone and in logic little calctdated to serve as the basis for ff)rming a can- did judgment. Direct legislation w ill presently Ik? giv- ing to Oregon a poor travesty of " people's rule," im- Icss to the framing of laws and to the phrasing of their titles there is brought a keener intelligence and a more sensitive conscience than were responsible for the law- intended to secure the piecemeal introduction of the single tax and for the " women's taxpaying suflfrage amendment." As one of the writer's correspondents puts it : " It is quite clear that popular legislation can 276 YEAR OF F'KOI'LKS RULE IN OREC.ON uk. vvorkeel otily by 'simplifying' issues; ain! the fur- tht-r this goes, the more im|M>rtuiU Inrctmu's the real initiative of the irresiM»nsihle persons, uhelhcr pa- trii)ts or schemers, wlio formulate the ' simphfieW ' issues." On the whole. consiilerin)i[ tlie immense complexity of the task which was set before tiieni, it must Ix? ackntjwiedged that the Oregon voters stood the test remarkably well. They detected and repelled covert attacks ti'»on their own iH»wer; they rejected measures so radical as to arouse doubts; they gave their ap- proval of laws which, in the main, are consistent ami develop the system already adopted. Critics will differ as to the merit of the several measures, and they may deride " voting by the square yard." But this much the most conservative of them must concede: In Oregon the state is not shriveling up. nor have national issues there entirely submerged state issues — ». "d criticisms which Mr. Bryce passed upon A jtate politics in general. In the past twelve nuui (j^itgon voters have had affairs of their own to tliink alx.ut. which have been quite as engrossing as the tariff or the new nationalism. There has been a vitality, a genuineness in Oregon politics sharply in contrast with the state campaigns in many of the eastern states. In Oregon no man has been able to read his title clear to office in the state or at Wash- ington by merely subscribing to the creed of some leader in one of the national parties; he has had to face the question : " What do you stand for, on these 277 111 I i| THE INITIATIVE. REFERENDUM AND RECALL clefmitc issiifs rejjanliiij^' the carrying on of ^ovcrn- nittit in Ort'jfiin?" With ktru interest the voters have l)een ^rapphn^^ with the prohleins— iKtlitical. in- • histrial. cihicatiunal. financial -of self-governninit uitliin thtir «»\vn state. A j^'entiine campaiRn of etinn foiiceriiinp the \aliH* of (lirtTt K'!;i>latinti has \wvi\ pifscntfil hy I'retl- fiiik \'. Hnhiian, l'".s(|.. the I'risi«leiit of the OreK<»ii .»'ar Assoiiatiufi. The Chiiaj,'tt Civic I'V(),ooo square miles and is one- third larger than the state of Washington, it has grown slowly. Hy reason of the lack of railroads the eastern part of Oregon — aiiproximately 55.000 square miles — is sparsely settled. Its po, ulation is 672.765, a little less than one-third of the pojjulation of the city of Chicago. The total vote for governor in Novem- 279 -«rTT ^ THE INITlATIVi:, REFERENDUM AND KEt AIL l»cr. n;io. wan 1 17/11)0, a little timii- than nnf tliinl of till- \utc of C'liicaKo laHt N'ovcmljcr. Purtland i* the only vity of any ronsi<|rral»U' s'\/v in ( )rc^on. it-* |H)p- nlatioti is a little omt j«)7,(mk), rwo-ihirilH of Ore- gon's |M>|iulalion, tl»erefi»rc, is in small towns anjon was settleil by lianly and intcliijjint pioneers whose inthienif is si ill larijcly felt. It yon in Illinois wish to learn of the initiative ami referfiichini by our e\|H'riiiice. it is now a j>;oo(| time to he^iii. If the plan is nnsatisfaitory in < )reKon. with its aj^ricultural ami village |M»pulation, largely of Annlo-Saxon ancestry, keetiiy interested in puhlic af- fairs and with environments conducive to delikration. what will he the result in the cosmo|h.litan city of Chi- cago, with a steanl.li^ i'ori»oraiioii> souj t to control the iH)liticH of the >tatf or to nu-d.jlf with pnhhc affairs as was the case in Calif<»rnia and sonu- other states. Our IcKis- latnre was no wor^e than other s.ate legislatures; |>r..l>ahly Iwtter tijan some. Ihit on the plea of agita- tors that its cli.traiter w«ndd In- improved, and after endorsement hy all |K.liticai parties, this anjendtnent was adopteil in i«;oj hy a vote of f».».o«»4 to 5.f»(»H. with no dehate and little serious onisideration on the part of most vomers, ami with al>out twenty-four {xt cent, of all the voters at that election failinj.j to vote on the measure at all. This aniemlment provided f(.r the initiation of legislation (the placinjf of a law or con- stitutional amendment on the hallot to he voted up or down) hy petition of " not more than eij,dit per cent, of the voters," and for the suhmission of : . -dative enactments to fwipular vote hy petition «)f five |ier cent, of the voters. These same percentages I understand are now pro|K)sed for Illinois. We now Come to the consideration of three basic (J nest ions : r. To what extent did this amendment ojKTate as a "reserve" power, and to what extent was it thus effective? Id 2S1 * m ■if THE IXITIATIVE. REFERENDUM AND RECALL 2. What character of legislation was proiMised under this " reserve " power? 3. Did the people use this "rese.ve" power in- telligently? In reply to the contention that this "reserve" power would improve the character of the legislature, 1 will state, without fear of contradiction, that there has been no substantial change in the kind of legisla- tors since the ademption of this aniendinent. As to the operation of this amendment is a "reserve" power, I shall merely call attention to the constant increase in size of our direct legislation ballots. In 1904 two measures were submitted; in 1906, eleven; in i(>o8. nineteen (ten constitutional amendments and nine pro- posed laws) ; in 1910, thirty-two (eleven constitutional amendments and twenty-one proposed laws, and the initiative was responsible for twenty-four of these propositions). How many propositions shall we have placed upon our ballot f(jr the confusion of our voters at our next state election? Signatures are easy to get. In Oregon any person may have any crank measure, propo.sed law or constitutional amendment alike, placed upon the bal- lot. All that is necessary is a petition and the signa- tures of not less than 10,000 voters, and professional signature-getlers will get the signatures — for a con- sic lerati(jn. The general characteristics, particularly of initia- tive measures. ha\c been careless and loose phrase- ology, and ambiguities leading to dititiculties for the 282 UNFAVORABLE RESULTS IN OREGON supreme court. The very vagueness of the phrase *'ii..t mure than eij^ht per cent, of the lej^-al voters." m the initiative amen(hnent itself is typical of the crudity of resulting measm-es. The petition which •' shall include the full text of the measure proposed." once filed, cannot he amended. One measure was adoiJted which was declared void Wause it had no enacting clause. The omission was discovered after the petition was filed, and the measure could neither he amended nor withdrawn from the hallot. Another fundamental objection to the Oregon plan is that it is rapidly depriving us of thai stability in government which the constitution is designed to supply. A con- .-:itution is a bill of rights .setting forth the basic prin- ciples under which the people comnnt themselves to re- striction of individual privileges fc^r the benefit of the mass. The Oregon constitution is now being changed as readily and almost as fre(|uently as the statutes and by minorities of the voters. It is optional with the au- thor of any initiative measure whether it shall be pre- .sented as a proposed amendment or as a propcjsed law. The only real distinction lies in the fact that the legisla- ture may repeal an objectionable law. but that a bad constitutional -...icndment can be repealed only at the next election by a majc.rity of tho.se voting on the (|ue.s- tion. and therefore remains operative much longer than the law. Having thus observed the operation of the initia- tive and referendum as a " reserve " power, let us see whether or not the voters use this power intelligently. 283 I' It i i THE INITIATIVE. REFERENDUM AND RECALL Senator H(»urne of Oreii^on. speakinj^f in the United States Senate, May 5. 1910. said that the people of Oregon had acted iiitclhj^ently on the initiative and rcferenthiin up to and inchuhnji^ the year nj(.)S, the electi(jn of 1910 l)einf; snljse(|uent to the dehvery of his speech. We naturally ask what is " acting intelli- j;ently"? When is such action possihle? I have not calculated the percentage (jf electors voting on all the various measures, hut I am informed hy an ardent advocate of the Oregon plan that the greatest percentage of voters who have acted on any of these measures in Oregon is ninety per cent, and the smallest, sixty-two per cent. This is hased on the number of electors voting at an election, not on the registered vote. On this basis ten jjcr cent, do not vote at all and as many as thirty-eight per cent, do not vote (iU some measures. Under the Oregon plan it is a majority of those voting on a proposition, not a ma- jority of all the voters, which determines its fate. Certainly those who do not vote on a measure do not act intelligently on it. There are many who vote " yes " on all measures, as some vote their straight party ticket without regard to fitness of the candidates, and this cainiot be called intelligent voting. Then there are many men of business affairs and intelli- gence who have not the time to consider most of these measures and who, unless their attention is especially attracted, vote " no " w ithout regard to the merits or demerits of amendments and laws. In my opinion, such men do not act intelligently. It is impossible to 284 UNFAVORABLE RESULTS IN OREGON ascertain tlie number of voters who act thus unintcUi- ^^ently, excepting', of course, those \vh(j do not vote at all. It is significant, however, that the average i>er- centage of those voting for state officers who also have voted on initiative and referendum measures has de- creased progressively froi: 78.5 per cent, in 1904 to ^2.2 per cent, in 1910. Comparatively few of the direct vote measures in 1 9 10 received more than 80 per cent, of the total vote for governor. The total vote on the woman's suffrage amendment (overwhelmingly tlefeated) was 5^)3 votes more than 80 per cent. Most of the measures acted upon may be grouped as follow s with reference to the percentage they received of the vote for governor: three measures, between 75 and 80 per cent. ; twelve, between 70 and 75; twelve, between 65 and 70; one, a fraction less than 62.04 per cent. The i)rincipal in- terest in these initiative measures in 1910 touched three questions affecting the sale of liquor. These received total votes of 101.375 (86.13 per cent.), 104,- 712 (89.81 per cent.) and 106,213 (90.24 per cent.). Thus it will be seen that (with the exception of the three liquor mea.surcs and that for woman's suffrage) 40 per cent, of the total vote might have carried twelve measures: 35 per cent, twelve, and less than 2^2 per cent. one. Moreover, not one of the nine measures which w ill carry, including the home-rule amendment, received a majority of the total vote. It is a political axiom that the majority should rule, but without prejudice to the rights of the minority. In Oregon 28s .1: THE INITIATIVE, REFERENDUM AND RECALL M » 't U I 1^ ' luulcr the initiative the minority rnles in many in- stance- and sometimes to th'- prejudice of the major- ity, as I sl-.all suhse(|neiitly show. 1 cannot j,m) into all the measures voted u\Hm since 190J, hut I shall cite a few voted on in 1908 and 1910 to show you that if the initiative and referendum arc jjood /><■>- sc (and I am convinced they are not), then the ()re^(jn form is not a good one. in the e'olumhia River helow the mouth of the Sandy River salmon are taken mostly hy gill nets, traps and seines. Ahove the Sandy River they are taken mostly hy fish-wheels in rapid water. Strong antago- nism l)etween the lower and upper river fishermen has resulted. In 1908 each of these interests under the initiative proiwsed a hill, one desigufxi to pnjhibit commercial fishing helow the Sandy River, and the other calculated to prohihit commercial fishing above it. Each of these hills received a favorable majority at the election; became Iriw. and all commercial fishing on the Columbia was prohibited. It is true that when two antagonistic bills each receive a majority, the one hav- ing the largest affirmative vote is to l)e regarded as the law ; but these two bills were not antagonistic, each applying to difTerent parts of the Columbia River. I'or- tunately the legislature met before the next fishing season and the matter was adjusted. However, had those bills been amendments to the constitution there could have been no relief until the next regular elec- tion two years after, and one of ihe great industries of our state would have been paralyzed. Did the vote 286 '.I' UNFAVORABLE RESULTS IN ORECJON on these fishing hillh show intelligent action? Doubt- less there was need tor some wise conservation all along the stream, hut these hills provided nothing of tile kind, and the voters cannot he blamed for failure to act intelligently, because no oi)i)orti,in'ty fot intelli- gent actiiin was afforded. That, however, is scarcely v'l argument for the initiative. The L'ni\ersity of Oregon, oi whicii I have been a regent for several years, has a smai) endowment which brings in a revenue of about $25,000 a year. I'rior to 1907 it received appropriations at each bien- nial session of the legislature. In the session of Janu- ary, 1905. the legislature appropriated for the univer- sity $62,500 a year for two years. A referendum peti- tion was filed within ninety davs after the legislature adjourned, and the vote on this referendum could not be had until June, 1906, the next regular election, nearly a year and a half after the appropriation was made. During that time the moneys of the university l)ecame exhausted and it would have been compelle(' to close its doors had not the professors agreed to fou- tiiuie their duties and to receive no pay if the referen- dum was successful. Fortunately there was a small majority in favor of the appropriation. Two years later, in the session of January, 190/*, the legislature gave the state university a continuing appr(>])riation of $125,000 a year. Again a referen- dum petition was filed against this appropriation, with a similar result. The moneys again were exhausted and the professors again agreed to receive no pay if the a87 THE INITIATIVE, REFERENDUM AND RECALL rcferciKliim was successful. The vote was taken in June, if^oH, nearly a year and a half after the bill passed the legislature. Out of a total vote of 105.^98 at that election there was a total vote on the referen- dum of 84.650, divided thus: For tin- appropriation 44 1 1« Against the appropriation .,«'.,, Majority of votes cast on proposition 3,s8o PercentaRc of voters not concerned with fate of the state university l^^ The vote cast against the appropriations for Ore- gon's state university may have been inttlligent but it is not educational, except as an argument against the indiscriminate use ot the referendum. In 1908 a single-lax amendment to the constitution was presented to the voters. It declared in the title for wholesale exemptions, and the opening statement in the affirmative argument f^led with the secretary of state read, "the proposed amendment is a step in the direction of the single tax." This amendment was decisively rejected by the following vote: For the amendment „ ^^ Against the amendment 60*871 Majority against adoption " ' ' jg'sos Percentage of total vote cast recorded agai-<;t amendment . 57 . 7 The single-tax advocates were persistent and in loio submitted three single-tax amendments by initia- tive petition. Two were barely defeated, the vote on them being so light that less than thirty-six per cent, of the vote for governor would have carried them. The third amendment was carried. It was worded 288 '» UNFAVUkAHI.K RESULTS IN OREGON more attractively than the one rejected in 190S, the >l)enin^' sentence statinjj that "no poll i.r head tax shall k' levied or collected in Orvj;(»n." and n. t one word was said alxuit the single tax in the aftinnative artjnment which eniphasi/ed the injnstice of the poll tax, ard held out the promise that : " the appmval of these amendments will give to the plain j)eop|e and the taxpayers of Oregon more bread and butter profits from the government than they have ever had in the past." What did this mean? Was it an apj)eal to in- telligence? The vote on this amendment stood: For the amendment 44.171 Against 42.127 I'rcponderance of votes for 2,044 Total vote cast for governor 1 17,690 '•'"•'^ 37-5,? I'tT cent, of the voters of Oregon ap- proved in 1910 a measure, which, in its true guise, had been defeated only two years before by a clear ma- jority. Was this intelligent action? One of the proposed constitu.ional amendments in 1910 provided for the purchase, condemnation or construction, and operation of railroads by the state. The idea of a state of Oregon's limited development and revenues attempting such a thing is on its face absurd, but the following vote shows how near the half-baked ideas of some crank came to receiving au- thority : For the amendment 34,013 Against the amendment ^6,1 12 289 -%s 1 At TIIK INITIATIVK, RKIKKK NDUM AM) KliCALL i. Ill .itlicr wunls. if v/-'5 pvr u-tit. of all voters had voted for this amendment the state would have hceti authori/ed to engage in the railroad husiiiess. In i<)<).S a constitutional amendment was submit- ted increasing,' the niimher of supreme court judj^jes from three to li\e. and simplifyiiij,' procedure in the lower coints hy Js'ivinj; circuit courts orij^ina! jmisdic- tion of probate njatters. then exercised by county courts. This excellent amendment was defeated. At the 1910 election a most remarkable amendment, eni- bodyiuj; all and more than was contained in the de- feated ameiulment. was projjosed and adopted. It placed .10 limit on the inimber of supreme court judj^es but provided that lower courts and their jurisdiction.s mi;,dit l>e chan^^ed by law. and stated prominently in the title that in civil cases three-fourths of a jury mi^ht render a verdict. The most objectionable features of this amendment are in section 3. which is as follows: " Section 3. In actions at law. where the value iti controversy shall exceed $20. the rij^l.i of trial by jury shall be preserved, and no fact tried by a jury shall be otherwise reexamined in any comt of this State, unless the Court can afilirmatively say there is no evi- .lence to support the verdict. Until otherwise pnj- vided by law. ujjon appeal of any case to the Supreme Court, either i)arty may have attached to the bill of exceptions the whole testimony, the instructions of the Court to the jury, and any other matter material to the decision of the api)eal. If the Supreme Court shall be 290 UNFAVUKAHLK KESULIS IN OREliON of opinion, after consideration of all the matters thus siihinitted. that the jiul^jriient uf the ( niirt apjiealed frofn was such as should have heeu reufUreil in tl>e case, such jud)L,'ineut >hall he atlirined, notwithslandinj^ any error committed (hirinj,' the trial; or if, in any re- siHJCt, the judj^meiit a|)|>ealed from should he changed, and the Supreme Court shall he of npinidn that it can determine what judpmeut should have Ikcu entered in the court helow, it shall direct such jutlj^uieiu to he en- tered in the same manner and with like effect as de- crees are now entered in eiptity cases on appeal to the Supreme Court, provided that nothinj,' in this section shall he construed to authorize the Supreme C «)urt to find the defendant in a criminal case Ki''l^v of an of- fense for which a greater penalty is friridcd thun that of zi'hich the accused was convicted in the loicer court." It will he seen that there is api)arently a conflict between the provisions of the first sentence of section 3, relating to the efTect of a verdict by a jury in an action at law. and the power and duty of the sui)reme court on an appeal when there is attached to th'' bill of exceptions by appellant or respondent, " the whole tes- timony, the instructions of the court to the )ury. and any other matter material to the decision of the aj)- peal." Under the familiar rule of construction that where, in a statute, there are apparently conflicting provisions they must be reconciled if it is iK)ssible to do so, section 3 should be construed to mean that the verdict of a jury cannot be reexamined by any court inferior to the supreme court, and only by the latter 291 THK IMTIATIVK. KKIERENDIM AND KIXAI.L wlicn the whole rcconl is \kU>vv it. ThiiH a tirctiil oiurt lamiot fjiant a new trial it Ihiro Ik- a vt-nhit ol a jury with a Miutilla e similar 2Q2 UNFAVORABLE RESULTS IN OREGON action by the .supreme court in favor ni llic apiK'Haiit if " it ^ha!l I* of the opinion that it tan •Utirtninc what jud^Miunt •(hoiiM have Uen tiiteretl in the ouirt Ih.-- Itjw." liy thi«. nutlioti of ap|Kal is not trial hy jury practically alMtlislud in ( )regon? An»l yet liial hy jury has Ijcen in existence in l'.ni;Ii>h-s|Makinj{ countries from the tine of Anjjlu- Saxon rule in Kngland until the present > to authorize the supreme coiirt tu determine finally every law case apjH'ale«l and also criminal cases, anti to direct what judj^nicnt shall Ik* entered in the c«»urt Iwlow. I'.nt also appar- ently it j^ives the supreme court |K»wer to disin-nse a kind of crude oriental justice acc«)rdinjj to its *■ opinion." Now note this additional cotifusion. Section 3 per- mits chanjj^e hy law of the powers conferred hy it op the supreme court, as to determination of what judj,'- nients shall l>e entered in civil or criminal cases, hut no law can chanq;e the first sentence of section 3. Only a constitutional amenthnent can alTect that. Take the power from the supreme court to set aside a verdict and render a judj^jment. and a verdict once },Mven, how- ever unjust t»r unfair, cannot he reexamined hy any court. lM)r centuries the jury has Ix-en a check on the tyranny and corruption of judges. Upright judges have correcteil the verdicts of ignorant, prejudiced antl venal juries. To dti away wuti this balance of jKJwer 293 THE l\ITI.\TI\ !•:. KIIHki.NDlM AND RKCAI.L i. li ii H to >ct a^idf ilu- Inst safi'^^unrih fur justice which man has Ikcii ahic to devise. The first scntviuc t>( Mutiun j makes it a|>|)ear that this section applies to livil cases only. f»iit llie rest of llie sectiiin applies to triininal »ase<. also. I lure is no limitation oti the "appeal of any ease to the sii- pienie ennrl." Imt the iiniitatiun is " provided, that r-iitliitijf iti ijiix Miti.tn shall he oinstrneil to authorize the supreme court to tind the delendant in a criminal case K'liilty of .u; nlfense tor w hit h a greater jienalty is provided than that of which the accuse»l was cuii- \i»ted in the lower court. " If the accused is n.nvicted in a lower court of a xlmalc iHTtrntaj^rH i»f th>%e who vi»lol .uhI ilio«*c who Will ii..t, as roni|>art' N"» v.-liiiK *..'..".'.'.. jij.75 Ami thus Ifss than thirty-«i^;hf |K'r rent, of the vottTH amcntlt'il the oitistiintioii to the prejiuhci- of the rif^htH of ihe other nixly-two jht ant,, and of theni- seho. ai, iMiKtil uuv of the >.ife«:nari|s of jm is.Mial hU-rty. A leake«l me lately why I Itt thi-* anuininu-nt U- prhile.l in the oftiiial iianiphlct without an .nj^unient against it. I a«hnitte Mr. Herbert S. Swan of Columbia University, the author of this chapter, is one of the committee investigators of the National League. « Contrary to popular belief the recall did not have its origin in I^s Angeles in 1903. It was first cmlKxlicd in the Articles of Con- federation which reserved to the individual states the right of recall- ing any or all of their delegates to Congress and of sending others in their stead. Although both Madison and Yates are silent in their reports concerning it, tlie recall no doubt was thoroughly discussed in the Federal Cc^nvention especially in regard to the recall of sena- tors. Luther Martin in his "Genuine Information" to the Mary- 298 ?S!S?S!^!!S*-i USE OF THE RECALL A man who breaks a contract or who deceives his cheiits by making false pretenses is severely punish- able by our laws. But electorates may be wheedled and seduced, the public troth most atrociously outraj^ed by insidious ofticeholders — all without redress, so long as no technical crime has been committed. ImiK-ach- nient reaches only malfeasance, not misfeasance or tujn-feasance. 'lliert is a borderland outside of actual graft which the law of imjR'achment dcjes not ttuch. Our statutes, as a rule, are not so framed as to cover the George W'aslungton Plunkitt variety of " honest graft." In instances of this .sort the courts are power- less. An F.nglish cynic once suggested that since moral perversity seemed t(j be the legislator's only infallibil- ity, good government might be readily achieved by in- verting the laws in their administration. Though expe- rience may give this theory more or less credence, the recall, however, is based ujKJn the assumption that the officiars interest can be conjoined with that of the peo- ple's by making his tenure dependent upon his con- stantly meriting the office. What has annoyed and thwarted more than anything else, might be called of- ficial aphasia. Just when the people have elected a man burning with patriotic zeal, he suffers some sort land legislature strongly opposed tlie adoption of the constitution because it omitted this feature. The principle also aroused a lung and intensely interesting debate in the New York Convention. The two Livingstons, John Lansing, and Alexander Hamilton engaged in tlie controversy. 299 A n 1 M&!B^^^SgMiy^^-'-^lf'^^^?j£- .IB . FiiillhB 5^^ I -. Till-: ixiiiAiivK. Ki:i-i:Ki:Ni)rM and recall of ail intracerebral accident. Ik- is no lonf,a-r able to interjjret vox yopitli. His memory fails him. His formerly clear-cut views upon public (jnestions become emi fused and incolurent. Tarty platform and pre- eleitioii ple; others ill llu-ir stead lK'(aii->t' ><\ pnlitical iiimUvos. Only rcctntly tlu- tnaycus nf Sialtir and Taonia. W asliin^'- ti wliiili it i'« iii^lituleil. This ol)jciti«»ii :i|t|)lits still inori- iiiipliatit.iily tr» the l.twisloti cliarttr. uliiih s|KHiriiaIly limits ;m onufr'* lialiilitv to OIK" tiiiK'. Tlu' •Iiscr«'titii- action ou^ht to !h' iiiati^»t piibU* In itiiiii.il liUI suit llie i'\|MTiiMi(T in I, MS An^clo lias Ik-i'ii (iiat iijorr than Iwin' as many |K-<'plf arc willni;; In v«.tr fttr ii-nvnal of an nrtin'r uliin it omiks to tin- retail clivtinn than ait' willnij; t«i sij;n tiic |Ktitiiin. 'I'lu- |HiaMita^t' of sij^natnrcs rc(|nirc(l on tin- jK-tition .slmultl tluTcfurc not l>t' loo hiylj — twcnty-liw pir cent. \k\u^ m all or- ercentane of sijjnntnres ri'»niire«I on the l)cti' tion is twenty in St. J(»seph, l"ort Worth. (Iraiul Junc- tion anil Morkeiey : twenty-five in Iowa. Kan>as. Ore- gon. Austin, Texas, and l-ewi^ton, M.iho; thirty in Colorado Sprinfjs; and thirty-fi\e in Dallas, Texas, and Tuls.i, Oklahoma. In some of the »ion-comini>«sioM cities in California it rises ;is hi^h as '' ;rty. fifty-«)nc and even sixty per rent. The saj^acious statesmen in the Illinois Icjfislature last year fixed the jK^Tcentajje for that state at seventy-five. The hasis on wliiih the pcrccntaj.;e is reckoned varies greatly in the i TIIK l.\ni\||\|;, Nl IIKIAnrM AM) Ki:r.\|,L N n Jr^'l *ai<| lily fi»r >J.ili' fU-ilii.ti ' ; m « >rfj;Mii. " the cliclors whn \nu,\ Ml i„s «|isfiiii (t i|te |»Ni f.ljnjr tltntii>ii for Mi'»titT t'C tin- sii|irfiiir oMitl." If llif ntYuc whirl) iiHii.illy rrtcivcs t\w U-ast total V'"t<' U- t;ik«ii as till- |>a>is fi.i llir rnall |K'tition. tlir vime rt-Mili is arri\i(| at as if a h>\\ jtinfiiiaj^r of sijr. I'.iliiros wvvv inniiriMl in onUr I., rlftii a nrall. I hr i.iiiT>t ti'M \\r»iili| prnl»al>ly !«• ilu (..tal mirnlR-r of \otfH cast f.ir till- olVuT ill (;uli partittilar iiisiaiUT. Mill wliaUviT ..line Ik- takni as a Hian.lanl. the nrall shoiil.l ill thi- ritviioii of that oik- iiuiimlKUl nuonraj^r a vny lua\y |)oll UtauM' i\ir\ " s|a\-af-hom(' " vi»ti' ill that om- cUctioji wonlfj |Hi|eiitialIy (li-priTiatc ati*l jcoiwnli/c till' inMiiiaiKiKT of all otlur otVicial tomires hy jiist so ninth fa« ilitatiiij,' a possihit ritall in the future If the hasis for the ti-iall petition f..r eaeli of- fice, however. Ik- its own total vote at the last precccl- iiiK eieitioii. then, tiieontieally. all ofHiccs onjrht uni- formly to poll a he.ivy \ote. (icnerally. only one eleition is sufficient to decide whether tin- iiuiiinU-nt is to continue in otVice. and. if he is removed, who is to succeed him. Hut in some cities, of whith I ).illas. Texas. Tulsa. Oklahoma, and Taconia, Washington, are !i:^f;inces. something,' similar to the IVench hullotoi^c and identicil with the (ierman t-ttf^iKi' U'ahl has heen adopted — that is. if more than two candidates run for an ofTice ami none receives an ahsolute tnajorify of all the \ .tes cast, then this elec- tion serves only as a primary to a sufiplenicntarv elec- tion in which only tuti candidates, the ones rcceivinv^ 308 rsE t)i' Tin: ki;i ai.i. thf ImhIk'M an I Mrc«»H"l luulH-'t nuinUr of votck at llic pimiary, an ih«- »<'iii|>t'iUor!*. \\ lull laK'nia. \\ a«.liinKt'»n. rotallnl lur mayor, last spiiti},'. tluTi- wfii' in atl'liin-ii !<• tin- ultit ih-il«liii^ mayor two c.tlicr caiitlnl.ito for the olVuc. riiouult siNtytwo jKT ivnt. of the \«>tvr<» in lhi'» lirst cUctioii iiulicatctl that they tlcMrol a chan^;i- in the mayoralty, they wen- not tniaiiimoiis in their ilioiic as to the iii- cumU'nt's sunfssor. forly-livc |K'r cent, voting for one cantliilati' ami M-vciHecn |K-r ant. for aiioilu-r, l'.\cn though May«)r l-awiTtt ha«l obviously htsl the public loiili.lfmf. since he received only thirty-eiKht \n.'r cent, of the total vote |H>lle .-.A^li^*''/. THE IXITIATI\E. REFERENDUM AXD RECALL iiiciitnhcnt is f(»rl)iy the peti- tioners who shall deposit the sum •.i-Tessiiiy v th the city clerk at the time of tilinj,' th n litimi. \ny sur- plus in the amount deposited ovci a. id : '■ < ve the ex- pense incurred shall he returned to the persons hy whom the same was dejKJsited. With this exception, and all elections hehl against an (-fticial in Oregon sub- sequent to the initial one. the cost incident to the re- call election is made a puhlic charge. The strongest case against the recall is, perhaps, its expensiveness. In a large city the size of New York or Chicago, it prohahly wi.uld he prohihitory. In Los Angeles the cost incurred through its exercise is said to have heen nine thousand dollars, a sum the Cal- ifornians considered a mere iKigatelle comjjared to the henefits derived from its exercise. The wisdom of having the petitioners stand the cost of certifying and verifying the signatures as in Lewiston. Idaho, is open to serious (loul)t. In some states it certainly would he held unconstitutional for being a new and adilitional qualification for the exercise of the suffrage. It vir- tually constitutes a property qualification upon the right to vote. The recall is of special significance, since if it prove practicable, and this its limited experience seems to promise, it may become the means of a most salu- tary imi)rovement in municipal government — the lengthening of the term for elective officials. Its in- 311 THK INITIATIVE. Ki: FliRK NDLM AM) RECALL coriK)ration into city charters lias already shown a movement in this (hrection. Berkeley and San Die^^o, Cahfornia. Colorado S])rinj4s and Grand Junction, Col- orado, have extended the term of the conneihnen. or commissioners, to fom* years. Illinois, also, provides a fonr-year term; South Dakota a term of five years. Where the recall has heen introduced it seems to be expected that public opinion will supersede the need of actual votin^^ There can he no douht that all super- fluous elections, and hence all needlessly short terms of oftice, complicate politics and weary the elector. ^r^ '^\ :mj^^' r^' * CHAFTKR XIII THE RECALL AS A MEASURE OK POPULAR CONTROL ii In an address at the Atlantic City meeting ( 1906) (»f the National Municipal League Thimias A. Davis contributed this discussion. Before election candidates as a usual thing are pro- fuse with promises. Init it is remarkable how (juickly after being elected these promises are forgotten and how the wishes of the people are thrown to the winds. Instead of conducting municipal, county and state gov- ernments for the people, in many ca.ses we are forced to the conclusion that the members of these public bodies elected by the jjcople even sit there as the paid repre- sentatives of private interests, while the jjublic treasury is looked upon as the proper thing to be robbed and plundered. As a usual thing candidates are elected or appointed to public office for terms rrnging from one to five years. After they have been inducted into the office, no matter how shameful or degrading their conduct may be. there is not at the present time any adequate manner in which the public can call to account an err- ing public servant. The public servant becomes the 21 313 THE INITIATIVE. REFERENDUM AND RECALL puhlic master for the halaiic-e of his ttrin. and in many cases \vc have seen these acts of a man committeil dur- ing his term forgotten when his term is ahout to ex- pire, and the i)erson reelected to tlie (jffice with perhaps an increased majority. Of course, such an occurrence as this is (hie to apathy an^'!^A^bf^^'^ ^ ' ^\ l.diK A MEASURE OF POPULAR CONTROL the public to free itself from incompetent and objec- tionable officials. As outlined in the Los Angeles stat- ute the law applies to elective otVicers. If the jjublic wishes to vacate the office of an objectionable olVicial, a petition must be sij^ned by twenty-five per cent, of the entire vote for all camlidates for that office, de- manding the election of a successor U) the officer sought to be removed. The petition must state the grounds upon whicii the removal is sought. The sign- ers must put their addresses after their names and the whole petition .shall be verified by the oath of at least one pcrs m wln) saw all of the others sign. The peti- tion, thus verified, is filed with the city clerk, who within ten days after filing examines it for the pur- pose of ascertaining if the necessary number have signed, and issues a certificate as to his finding. If he finds the petition insufficient, it may be amended in ten days after the issuance of his certificate. If still insufficient after such amendment, it is returned to the petiti(jners without prejudice against the filing of an- other petition. If the petition is found by the clerk to be sufficient, he issues his certificate to the municipal governing bcxly to that efifect. The governing body shall then order an election to be held within not less than thirty days and not more than forty days from the date of the certificate. The election shall l)e con- ducted as other elections are conducted. The Los .An- geles statute ])rovides that the person sought to be removed may be a candidate to succeed himself, unless he reijuests otherwise in writing, and unless lie so 315 vte "^•TTsnsastsif" i^^^w.- TIIK IXITIATIVR. RF.FRRRNDl'M AND RECALL rc(|uests the clerk puts his nnnu- dii the ticket as a can- didate. If some candidate other than the incumbent receives the hij^hest tinmher of votes he sliall Ir elected and serve for the unexpired time of the person com- plained aj^aitist. who shall he removed. If the incum- bent receives the highest numljer of votes he shall con- tinue in his office. These, briefly, are the provisions of what is designated as the recall, and are a part of the statute law governing the city of Los Angeles. In the consideration of it here the first ((uestion naturally would Ix'. do we need it? It would appear to me to he unnecessary to go into any extended argu- ment to ccjuvince all present and all who are not pres- ent that if the lecall will do what the provisions that T have stated allege, then we undoubtedly need it and need it very badly, and have needed it for a great many years. Probably there are very few here present who have followed municipal, county and state affairs in New Jersey who do not now conclude that had we the recall in New Jersey in years gone by, and if things then happened that have happened, the law would cer- tainly have had to work overtime. Without particu- larizing instances, we can recall to our minds cases within our knowledge where the people of our own neighborhoods would have welcomed it, in order to rid themselves of officials not only incompetent, but whom we believe to have yielded to the corrupting influence of money. The next (|ucstion that might be asked is, is recall fair lo official and lo people? In Los Angeles twenty- 316 ITl A MEASURK OF r'OPl'LAR CONTROL five per cent, of the entire vote for an ortice is rctinired to be signed to a petition Ix'fore the tnachincry of recall can l)e set in operation. Consideriii}.,^ the fact that for an ordinary office tliorc may he from three to six candidates, this percentage v -mid certaiiil; seem to he large enongli to remove the suspicion of 't.nriK-ss. hecanse it is far easier to get a man to sign a petition for a person than it is to sign one against a |)crson. Were the recall adopted in New Jersey the percentage might not he fixed at twenty-tive [wr cent. : it might be more or it might be less. So far as the incumbent is concerned, after the petition is filed against him he still has the opportunity under the method of proceear uiK)n an appointive officer. The Los Angeles provisions will not apply. This is a question that might well be dis- cussed until a proper plan is ad< • ted, if the suggestion appears to be a proper one. It seems to me that in the case of an appointive officer the i^tition to be signed by a certain percentage or numljer of taxpayers should be presented to the appointing power in the shape of charges, and the appointing power should either place the accused on trial before itself upon the charges, or appoint a commission, outside of its own number, to hear the charges and conduct the trial. If the accused is found guilty that should terminate his right to hold 319 m ^^^^^^r wm THE INITIATIVE. RKFKRKNDUM AND RECALL llic oflicc. and if not guilty he shciuld be allowed to continue therein. In the last session of the New Jersey legislature, two bills prepared by a cotntnittec of the New Jersey Civic Federation were introduced, attempting to put the recall into effect in the state of New Jersey. The hills were known as Senate Bills Nos. iTjq and 170. They were referred to a committee but were not en- acted into laws. It was hardly expected that the bills would be enacted into laws at the session at which they were introduced, but the purfjose of having them prepared and introduced was to attract the attention of the public, and induce discussion on the recall principle. Several societies have already discussed the subject, and it is hoiked that it will be 'ely discussed before another legislature shall meet, ui which time the pas- sage of a recall law will be urged with the expectation that such a law will find its way into the statute books of the state of New Jersey. CHArTER XIV THK RF.( Al.l. IN I.OS ANdELES I In the autumn |K)!iition to the recall feature was eiiountered, I'or a time it apiH'are«l an tlmujjli this provision might be elimi- !iaieIatnre .liil u<>\. in the in«l. venture t.. .lepart from this. After the final adoption of the new charter in 1903 it was not long U'fore tlie recall provi.Mon was put into active use. The city council ot l,os Angeles was at this time tna«Ie up mainly <»f machine jioli- ticians. who derived mmh nf their strength i.om the aggressive stipport of a KtpMhlican ncw^pa|)er. When the contract for the city's printing was alxMit to lie awarded it was f(.nnd that the projKisal made by this newspai»tr was alx.ut $15 otx) alxivc that made by the lowest bidder, — an indefKiidcnt journal. Neverthe- less, the council awarded the cotitract at the higher figure. It hap|)ened, however, that the newspajjcr which secured the contract was an aggressive antagonist of the local lalK)r unions. It was con«lucted on the prin- ciple of the ojien shop. The lalxir leatcsi |n»IIe«l at the last election) were secured ami a recall election ortlcre«l. An appos- ing candidate was secureil ami at the election won hy a \ery larjje majority. The second u m to this there were, of course, tickets put forwanl hy the Repuhlican Democratic party organizations. It hapi)encd that -. three candidates for mayor were well known and the result of the election wouhl have lieen very close had not the Republican machine, in the closing days of the campjiign. thrown its strength to the Democratic can- di. 1906. the voters of Seattle by a ma- jority of 8,047 out of a total vote of 10,577 wrote into the city chaiitr the provision for the recall of all elective officers of the municipality. The process is simple. " A petition signed by voters entitled to vote for a successor to the incum- bent, equal in number to at least twenty-five per centum of the entire vote for aU candidates for the office, the incumbent of which is sought to be removed, cast at the last preceding general tnunicipal election, demand- ing an election of a successor of the person to be re- moved " must be filed with the city clerk. This jieti- tion must bear " a general statement of the grounds for which removal is sought." " The signatures need not be appended to one paper, but each signer shall add to his signature his place of residence, giving the street and number." " Any person competent to make affidavit may circulate " the petition and " sliall make oath before an officer competent to administer oaths that the statements therein made are true, and that ' By Fred Wayne Catlett, secretary to the mayor of Seattle. 326 THE RECALL L\ SEATTLE each signature to the paper appended is the genuine signature of the person whose name purports to be thereunto subscribed." Ten days are allowed the city clerk to check the signatures with the poll books. In any case he must attach a certificate " showing the result of the examination." If this certificate shows the petition insufficient, ten days are allowed for the filing of a supplementary i)etition. Ten days more are given the clerk to check this petition. I f insufficient, the whole petition is leturned to the person filing it " without prejudice to the filing of a new petition."' If a petition is found " sufi'icicnt," the clerk must so certify to the city council at once, and it must .set the date for the election " not less than thirty days nor more than forty days fr(»m the date of the clerk's cer- tificate." All the ordinary steps to hold an election arc taken. The incumbent's name is placed on the bal- lot " unless he requests otherwise in writing." The candidate receiving the highest number of votes is chosen to serve out the remainder of the incuml^ent's term. That is ' -hole of the " recall " charter provis- ion. At it. ' rial it was discovered that it provided no method ( lominating opponents of the incum- bent. Fortunately the state legislature was in session at Olympia, and an act known as chapter 2 of the Ses- sion Laws of iQii was rushed through as an emer- gency measure, providing for nomination l)y petition signed by electors equal in number to not less than five per cent, of the total vote cast for the incumbent 327 HI ^mmm iiP THE INITIATIVE, REFERENDUM AND RECALL against whom the recall is directed. Each elector signs his place of residence, his business, and his ad- dress hy street and number. This petition must be filed with the city clerk ten days bef(jre the election. A short time thereafter, to cure another defect, chapter of the Session Laws of 191 1 was enaried, granting each candidate the privilege of appointing challengers at each polling place, one of whom is en- titled to be within the polling place during the whole time the polls are open. In practice the recall has been operated as fol- lows : Those favoring a recall of an officer have or- ganized an association, collected funds, formulated cer- tain very general charges of inefficiency, and malad- ministration, printed many hundreds of petitions, and placed them in the hands of anyone willing to take them. At the top of each petition is the general statement of the charges, which may or may not have any foun- dation in fact. In the attempted recall of Mayor Dill- ing, precisely the same set of charges was used as in the recall of Mayor Gill, though some of them seemed inapplicable. Below the charges is the statement that the signer is a voter entitled to vote for a successor to the incumbent, and space for from ten to fifty names. At the bottom is the oath required by the law of the person taking the signatures. It is an " im- possible " oath, for it requires the passer of the peti- tion to swear that the statements therein made, 1. e., that the signer is a voter, qualified to vote for a suc- 328 THE RECALL IN SEATTLE cesser to the incumlK-nt, that his resirima facie sufficient, the checking be- gins. In practice in this city two or three checks are made. On the first check all questionable signatures are thrown out. On the second and third check, those thrown out are reexamined and many of them are restored. The cau.ses for the rejection of names are no registration, illegible or forged signatures, improper addresses, and, in the case of the women, signatures with the initials of the husband. The parties inter- ested always keep paid or voluntary workers to guard the checking. Disputed names are referred to the comptroller or his deputy for decision. If the dispute turns on a question of law, the opinion of the corpora- tion counsel is asked and followed. If the number of genuine signatures exceeds the required twenty-five per cent, the comptroller certifies it to the city council as " sufficient." If the number is found insufficient, the persun fil- ing the petition is notified and has ten days to make up the deficiency. As only two filings are contemplated 330 THE RECALL IN SEATTLE iinder our law, he and his association make haste to collect all the signatures possible and file them Ik; lore the expiration of the time limit. This supplementary petition is checked in the same manner as the (original j)eiition. If it contains enough gi nuine signatures to make up the deficiency, the comptroller certifies it as " sufficient " unless l)efore his certificate is made out enough »)f the genuine signatures are withdrawn to render it insufficient. The recall law is silent about withdrawals, but a decision of our state supreme court had affirmed the right to withdraw names from an initiative petition, and the corporation counsel advised the comptroller to accept them in the case of the recall. Then the (|ues- tioii arose over the forin of the withdrawal. Must the request to withdraw a name be verified before a no- tary as was the original signature? Where the with- drawal was secured by personal solicitation, there was no difficulty, but where the withdrawals came in by mail, verification was a practical impossibility in many cases. Our city comptroller agreed to count the postal withdrawals if all were verified by the oath of the person in charge of their collection that each card had been received in due course of mail through the United States Post Office, and that he believed the signatures to be genuine. It is quite appar<.Mit that this oath, also, furnishes no adequate safeguard against fraud. Seattle has given the recall two trials — very differ- ent in charailer and result, thus serving to test the 3JI THE INITIATIVE. REFERENDUM AND RECALL i : law in many different respects. For the sake of clear- ness, we m.iy call the two trials, the (iill recall, and the Ditlin^ recall. The former was successful ; the latter unsuccessful. The Gill petitions contained 1 1,418 names, of which 9,626 were termed genuine by the comptroller, a shrinkage of si.xteen i)er cent. Most of these iietitions were passed by resptnisible i)erM>ns. and all were care- fully checked by the I'ublic Welfare League before filing. As 8.671 names were enough, the i)ctition was certified " sufficient." Just before the filing of the Gill i>etitions, the women of Washington were enfranchised. Neither this occurrence nor a secontl recall within the one term of two years had been contemplated by the framers of the recall law. The basis for determining the num- ber of names necessary to institute it was " the total number of votes cast for the incumbent at the last general municipal election." A recall election is in its very nature special; therefore, in the Dilling recall, the vote at the Gill election became the basis for ousting Hilling. The evident intent had been to require twenty-five per cent, of the number cast at the time the i)erson to be recalled was elected, not the number cast at the time his predecessor was chosen. But in Mr. Dilling's case the strict letter of the law permitted the institution of the recall with 8.671 votes as liefore. although at his election 62.322 votes were cast, of which 15,581 is twenty-five per cent. In the Dilling recall, the original petition contained 332 THE RECALL IN SEATTLE 10,254 names, i)f which 7,295 were declared genuine. As this was insufficient, a supplementary (Ktition of 2,617 names was filed, checking 1.753 as genuine. This would have In-en sufficient by ^yy, had not 931 withdrawals been fded before the certificate was pre- jiared. Only 527 were checked because it was then perfectly apparent that the petition was insufficient. Ha much irres|Miiisil»!c siguiiij;. It is said that "you can j,'ct iK<>plc tn sijjn any sort of a [K-tition, provided you don't ask them for money." This is sup|)orted hy the fact that uixtn soHcitation i.ioo names were withai«:n. For myself. I helieve that this evil will he less and less apparent as our voters l)ecome more accustomed to the workings of these democratic institutions. Mention has already heen made of the fact that petitions were frecpiently passed hy paid solicitors with every incentive to careless work. Rut the task of col- lecting the signatures of twenty -five per cent, of the voters is .so hig that it could seldom he accomplished without paid assistance. Others object to the passing of the i^titions on the streets and in public places on the ground that it parades our civic contention before all our visitors. But where one person observes our discord in that way. a thousand may read of it in our newspa})ers. So far wc have been examining the various parts 334 THE RECAM. IN SEATTLE of tlif recall inachitu'ry .se|>aratcly. l.tt us ik)\v con- sider how the recall law as a whole ha.s worked in Seattle. I*\>r over four years the recall remained an unused part of our charter. Then ar«)se just such a situation as, in my opinion, the recall was desij^ncd to nuf t. It is not my pur|K)sc to portray in all its dis^ustini; de- tails the alliance hctwcm our jK)lice dciKirtmcnt and the " vice syndicate." To be sure, Mayor (Jill was elected on the platform of a restricted district, ami jjood citizens cantiot escajw all blame for his success. But the circumstances surrounding his election afford some excuse. I lis opponent at the primary, though an able and worthy man, was t)f fh<\fr joint-* were iiirratinK within a few lil*>vk«i of tlitr city luiil — als«i uiuler the protection of the [Hilice. Oiic of (iill's a|)|N)iiitees wan Ri har*! M. Anns, a former employee t)f the Seattle i.le* u- ( um|)aiiv. th' cor|Kiratit>n which owns ami o|K'iii(i\- ImohI of our street-car lujo. and furnishes a In t prirt i mr light In the latter service it comi>etc8 d. tcti> with on; nin nicijal liKhtinjr [)lant. It was ch:trrf* *- or oi »he issues in the recall c.impiUfjji, it was n(»t tlie m..iii jsMie. The recall wouM n< ver have lx*cn invoked exc« ut for the al!iat*cc between the admutist ration and orj^inized vice. Our charter also [irovides a method of imjK*ach- mtnt of the mayor hy a \ote of tu«>-thirds of the mem- bers of the city council, hut the council, as is likei> to \k the case, woidd not act. It never has impeach- I an (ifirtcer in the history of the city. Imf)eachmern be- in^; ini|K)s>il)le, resort wa> made, therefore, to the re- call for the fli^t time The mn known as the Public Welfare League. With j^reat energy the w ^rk of collectiu}^ the signatures was pushed. Many thought the recall unfair uid un- .\merican: that the voters had put C.ill in and that he was entitled to stay; that those wis hafi n- l voted for him. and those who did n<.t vote at all should '* take their medicine." A great flea! of excitement THI HKlAU. 'N' SEVTTLl ami argiuiK'irt vva% ^v%y^r\ l^inn i\w \KtMi*ym were fttlii'H tilctj. ? Ut h I tluy w re. A very Itiiicr catn|»aigtt uihm' ! ikluirtl Mr. (t\\\ tmnl uf) all the iM jioli i» ians. ;»il fhe siUm ; iid famljJtng rlemeni, fh* bre\ erirs, ti ^ p'rf>l-r?K>tti"«. ''e cig - -'titmls, thf ltaJ>iiucs v,t Um re!* ricifl distru', the !»l>"^ ■-!> ti ie ie VI lit -iiv -' '»r • • jiis»neM - )l< ' -Ifare 1 f-^tant pi. men lin I tectton that lilh' lenient. Ih; nici ciplf " an i a n*.' i 'V I . .' SI, tneii." i)v he ( tb i ic wrr. thr Lc;.jjue, thf Mini |»al Lcagiu a churches, the wiriou,^ w >ei "»» club jiart of the ini'Mci; .. ' i less 1 S«i fjftat was V V mtc re«t n tin with the aid of wc h*^- r 47,tHj<) to /ver , _ ool- Oiiflrv, nday»'-\32J m third being liie v**-^ if womt- cei\t'«l 31.919, Gv -'5,705 4,698, 'I hf nevv mayor ad. the icy of strict law enf< emeiif The rest ed A'api istein. chief of iH^lice. and jjes ! Miti t of lighting, rcsigne*!. A ttionth r\ oiu nf the Gill «demcnt in the counri! vas ■u .ijlian between the city governmt'iit \ lis eieijjr! ■ hi-' been most rudely shat- .raij. i lear»cd from \ IV y a • oluiL- Arr.i later defeatt and tht *ered. Aniit'ier imjxirtant result of the election of Mr. . )unng^ ,is thai the rctali was sliuwii to Ije "wurk- i37 THE INITIATIVE, RKFERENDUM AND RECALL §1 t able." Ill the future its very existence should be a deterrent to the (hshnnest elective f>tificial. But to make it an etifective deterrent, it had to l)e worked once. Gill and his friends at first scouted the idea of a suc- cessful recall ; now the most hardened politician will feel unsafe. Some of the people of Seattle failed to realize that the recall was an emerjjency measure, and another les- son in its use was necessary to teach them that fact. The direct cause of the attempt to recall Mayor Dilling was his refusal to accede to the written demand of a *' Citizens' Recall Association " to remove from oflfice the head jailer, John Corbett. Charges of cruel and inhuman conduct were made against him, practi- cally all of them antedating the administration of Mayor Dilling. The chief of police sustained Cor- bett, and the mayor declared that no credible evidence had been produced sufficient to justify him in requir- ing the chief of ix)lice to dismiss him. If dismissed, Corbett, as a civil-service employee, could have ap- pealed to the civil-service commission and would have been entitled to a trial by that body. Certain reformers were also displeased by the mayor's veto of the anti-smoking bill, prohibiting snn/King on the street cars, and the anti-strap-hanging bill, limiting the number of standing passengers in a street car to fifty or sixty per cent, of the seating ca- pacity and placing a penalty upon the company if it failed to furnish an intending passenger with trans- |K)rtation within the regular " headway " time. 338 THE RECALL L\ SEATTLE In these circumstances, the oM (iill crowd saw its chance, and proceeded to lend its strength to the recall inovement. The whole vicious element, together with a numher of well intentionecl niei and women, signed the petitions, which were duly fikvl some six or seven weeks after the fight began. Before going further, I should uiy that the Asso- ciation had also attempted the recall of four of the city councilmen — Blaine, Wardall, Kellogg and Steiner. The Steiner jietition was never filed. The other peti- tions were filed, but not having the required twenty- five per cent., even if all the signatures were genuine, the filing marks were cancel! 'c', and the petitions re- turned to the Association. The petition directed at Mayor Dilling contained 10,254 names. This total shrank to 7.-J95 on the thinl check. The .Association tried to make good the de- ficiency within the ten days allowed by the charter. Owing to peculiar circumstances this time was stretched to twelve days including Lalxjr Day and election day, but with the advantage of these e.xtra and extraordinary days, the supplement y petition con- tained but 2,617 names, reduced to 1,753 ^y ^^^ check. As stated before, this was ^yy more than enough. The corporation counsel had ruled, however, that names could be withdrawn, and on the faith of this. Mayor Dilling's friends had organized and secured about 1,100 withdrawals. Of these 931 were filed. As the check of 527 showed clearly that the recall had failed, the comptroller went no further with the count. 339 THE INITIATIVE, REFERENDUM AND RECALL Si I- I li 'Ihis second exi)erieiice with the rcc.nll demonstrated that although the recall is *' workable," it cannot be workcil successfully except when there is serious cause for it. Save for the j)cculiar wording of the charter and the enfranchisement of the women after Gill's election, the Association would never have succeed- d in collecting anything like enough names. The fail- ure of the second attempt put the necessary damper ui)on those persons who thought they had only to start a recall to make it a success. Naturally public opinion in Seattle is divided over both the principle of the recall and our own particular recall law. I believe the majority favor the nrall principle and think it has fully justified its existence in our city charter. Many friena.-, of the recall prin- ciple desire to see our law amended in various ways. The daily press has informed us that the charter revi- sion commission has approved the proixjsal of the former corporation counsel by which the signatures on the |)etition must equal five per cent, of the total '.ote cast at the election at which the incumbent was chosen before it is presented to the city comptroller. The petition is then left in his office until ten per cer-i. more have come in and signed. This plan reduces the percentage required but makes it much more difficult to sign. It throws much more security about the sign- ing and does away with a great deal of the solicitation of signatures. To make it more difficult will destroy its value and relegate it along with the impeachment to a shelf in the political garret. Without the recall, the 340 I THE RECALL IN SEATTLE people are helpless between elections; with it, and its efficiency unimpaired, they always have in their hands a i)ower which can be exerted to bring to time an un- faithful or incompetent public official. Seattle's ex- perience has ani[)ly demonstrated the utility of the recall. '6 'I CHAPTF.R XVI SOURCES AND LITERATURE The appended list includes references to only a small part <>i the literature relatijij^ tt» direct Itgi da- tion and the recall. An endeavor ha. ?)een made to list only such discussions as have contributed sub- stantial arguments or trustworthy information liear- in^-^ upon either side of the question. Those which the general reader v.ould probably find most useful have been indicated by an asterisk. Bibliographies Library of Congress. Select List of References on Initiative, Referendum and Recall. Compiled by II. H. IJ. .Meyer. Washington. 191 1. The best arranged and most complete li.st yet issued. It includes historical materials, books, pamphlets and review articles. Ohio State Library. Legislative Reference Depart- ment. Initiative and Referendum. Compiled by C, R. Calbreath. Columbus, 191 1. A pamphlet contaimng texts of constitutional provisions relat- 34a SOUHCIiS AND LITERATURE ing to direct legislation in vrtrious states; also a useful list of iMMiks and articles. Wisconsin Library Commission. Coinpaiative Legis- lation Hulletin, No. 21. The Initiative and Ref- erendum. Compiled by C. II. Talbot. Madison, 1910. Wisconsin Library Commission. Comparative Legis- lation Bulletin, No. 12. The Recall. Compiled by Margaret A. SchafTner, Madison, 1907. These Bulletins contain accurate digests of the laws and ju-20!. An argument that direct legisla- tion would prove an inadecpiate remedy for the shortcomings of representative government. Cleveland. !•". .\. The Cn.wtli of Democracy in the United States. \ew York, i8()8. pp. 177-241. Some good historical data. ♦Civic l-'ederation of Chicago. Bulletin Xo. 3 (loii). The Dangers of the Initiative anil Referendum. A pamphlet containing several addresses in oppo- sition to the extension of direct legislation. Dodd. W. !•". The Revision and .Xmendment of State Constitutions. Baltimore. 1910. An excellent account, historical and critical, of the referendum as applied to state constitutions. Fabian Society. Tract No. 155. The Case Against the Referendum By Clifford D. Sharp. Lon- 344 Scn'KCF.S AND I.H r-.KATrRE rion. ion. A trcncliaut Socialist arfjument ajjaiiist tlic reference of |nil)lic <|iKstioiis to the voters. I'rankenthal. I.. J Tlu- Initiative in S\\ itzerlatid. 6ist Congress, ist Session ( !«)<>>) Senate Doc- ument. .\o. ij(i. .\ report on the initiative in the Swiss kepnhhc hy the rnitetl States Vice Consul at Heme (May, 1908). Cjilhertson. II. S. Conservative .\spects of the Recall. National Municipal Review, \'ol. i. pp. J04-JII. Godkin, K. L. I 'n foreseen Tendencies of Democracy. Boston. iH()H. I-'spfcially pp. of>-i44. A sug- gestive discussion hy a far-sighted journalist. Hardy. .Arthur S. The Initiative and Referendum. 57th Congress, snd Session ( km)-') House D(K- ument \o. i. pp. 482-494 (in Serial Xo. 4440). A careful report on the workings of the initiative and referendum in the Swiss Repuhlic transmitted by the American Minister to Switzerland (June, 1902). Ilartwell. F,. M. Referenda in Massachusetts. Pro- ceedings of the Xational Municipal League, 1909. pp. .^^4-353. Deals chiefly with the amount of public interest shown at referenda elections. Kinkead, F.. B. The Initiative an vols. Lond.m, 1909. Vol. i. pp. 127-166. Dis- cusses the problem of accurately representing pub- lic opinion from the socialist point of view. Mill. J. S. On Representative Government. New York, 1905. Especially ch. iii-vii. *Oberholzer. E. P. The Referendum. Initiative and Recall in .America. New edition. New York, 191 1. A standard work, comprehensive in scope and conservative in tone. Contains historical and critical discussions of both the initiative and ref- erendum. *Owen, R. L. The Code of the People's Rule. 6ist Congress, 2d Session (1910). F-.-nate Document No. 603. Especially pp. 1 01 -129. A collection of constitutional provisions, statutes and ordi- 346 SOURCES AND LITERATURE nances which have been adopted as a means of furthering the cause of impular government. Parsuns. I-rank. The City for the People. Iloston, 1900. Especially pp. 255-386; 505-527: O05- 629. Phelps. E. M. Selected Articles on the Initiative and Reftkendum. Wilson's Debaters' Handbook Series. Minneaixilis, 1909. A number of short articles (.11 both sides of the question. Bibliogra- phy appended. Pomeroy. Eltweed. Papers on Direct Legislation. 55th Congress, 2d Session (1898). Senate Doc- ument No. 340 (in Serial No. 3615). A digest of the principal arguments in favor of direct leg- islation. Post, Louis F. Tb«; Initiative and Referendum. Pro- ceedings of the National Municipal League, 1906, PP- 363-381. An outline of the development of direct legislation in America. Ringwalt. R. C. Briefs on Public Questions. New York and London, 1905, pp. 50-52, 55. Con- tains a summary of the chief popular arguments for and against direct legislation. Of particular value to debatitig teams. Smith, J. A. The Spirit of American Government. New York. 1907. A brief general survey of the initiative, referendum and recall is contained in chapter xiii. ♦Stimson. Frederick J. Popular Law-making. New York, 1 9 10. .U7 ir^fSr'S^E- .4r,M '^>9m TiiK inmtiativp:. rf.ff.rf.n-dum an'd recall Sullivan. J. \V. Dlrwt Lf>;islation thmiiKh the Ini- tiative and Ueferenduin. New York. 1893 A forceful presentation of the rase for direct legis- lation, now somewhat old. but still useful. ♦U'Kcn. \V. S. The Results of the Initiative and Ref- erenduJM in Oie^jun I'nin'iuiinj's ..f the Ameri- can FV.litiial Science AssiKiation. 1907. Vol. iv, Pl> «93-»97 .bfti. APPKNDIX A LIST or THP. MRASURK8 HL'BMITTRD TO THf5 PBOPLK Of ORKfiON IN rm LAST fOUU KLKfTIONS. IWM. n«f^t nrimary law wUh dlffri wlfrtKin erf UMIm] lytcaloptkm liquor law" ..... Stalo Ym IflM Omnifiu* Appropriation hill, atair nniitii»i. Kqual •uffraiir < nnttitatKiniil •m<>n>lmcnti L<««l opllnn MM nrrn^HW't by Ii.ju-ir |)r<>|itr< Hill fof purchww by ilair 11/ B^iiow loll r'xfli An'riKlmt-nt rn]utrip^ refrrendum on any a> t tallinK o>itiniii>4r p>'wrr toi«m<>tir| ihrir t:hm.rT-. Lrgistaturr auth'triinl to (i« pay ,,< ,(„(,, |,ri„i,.ri Initiali-' «nrt from 1120 to t4(K prr sTMi.n* Amendmcii! prrmittirtK jnralion of itatc ln«tituti' nil .\l plarcK othrr than Ihr caintal* Amrmlmrnt reoricanizinii «viilrm i hv«» Amftidmrnt chansina Rrniral rlrrtion frum June t»> Novmi nrr*. ... .... Hill KtV! u ihenfTs rontrol i,f Knintv prison>T«> RailroapropnalinK tlOO.WMI ( ,r nrnioririi< ®'L'.'?'.!;t?*''"l.'''"''lj!P'^P"'*""" '"' State Univeriiitir fron $47 M)0 to $1,M ,000 annually* Etual'^uffr^Mie amendment' Pinhcry YM] propownl by fish-wheel operalom" Fishery bill propoiicd by kill-net oneralom' . Amemlment giving cities rontrol tif liquor irlling, poor ""~ '■■•~ •■"•••• vin«-r» «i>iiir*fi in ii^iuor Irllll ..T.?'*; '"*•*•"• ««f-. itibject to local-option law> . Mo>lified form of sinKlr-lax amendment' Recall power on public officialt' . Bill inslru. ting Icgislatori to vote for people'i choice for i Unite»l States lenaton' Amendment authoriiing proportional-rcprcaentation law' ( orrupt-practi.rs art KovrrninK elections'. Amendment re<|uirine indiitmcnl to be by grand iurv' Bill creating H00.I River Cfninly' / / , . ^ I9I0. Amendment permitting female taxpayer* to vote". Act establishing hrancti insane asylum in caatem Oregon'. ' Submitted under the initiative. • Submitted to the people by the legislature. 349 No. 41,(16 4I.9I« WV.Wi .M.W7 .«l.«i$ 47.MI At.74<) 47.a;ii .^7.ill| 4l.'»7t M\l4.l ft.S,7»« M),44.« .».»,W7 44.1 IS .M.II.MI 46.SS2 56. 1 W t9.44 ' M.Ota, Ut.int M.ttltH 41I.IIM M.042 S2.2I4 4J.94S .1.^.270 $0,134 16. 1.M 40,t«ll 2A,7M 47,07.'> 4VI44 44.S27 U.7.11 I^.Ml ■>.WI l«.7H lft.779 r>44l h.Mt M.m2 40,UII SO..WI ll«.5'»0 .Ml.O.Jt .W.406 54.M« 40..VW 40 ifn to no S2,.M« A0.R7I n.on2 21,162 .M.I28 n.MI 2II.4R7 26.7 /« 50.06,^ 41,504 TJI AIM'LMHX V Ar« t «nifNl rrmvfnl> » f. .|«I|.hi Iii-m f**!" nn-nl thai all Uxrs thai! I™ r.|ii .1 s»»Kf untf'iriii' Am. 1. Iiiirni |«rmti>inM "f»|^iii2«| i v..(c biHHU f'H X 111*1 ru< (I'll) l 1 iilPNjtU hv mih iU«tn«i«» Anwtwlmrtii mi' .!ii(|«nj ><>IIunt^ la«i-« ii« w|i>ir«tr I't^Mrn o< pr»|ivrtv* Aii|f (l«lirt « ,,„n«v t.i jwy •< nil 4 v»«f tocirtuil tU'tiir ill i«i|'lit( >n tn hi* iiate Mlarv* Bill ifrallOh' Nvxmith < "tinty fmni |Ntfl« ii< l^nr rfn.l Hill tM i«i4hli«h » *ui» nnrntal v\vrA .«t M'minr ( |<«. kiuniH Cnuiitv to Mulln>ifii>«h>, Hill s rtittinu Wiltum* t tiunty Inmi parta erf L«nr aixt l>'niKl'm«n» Kivin^ntir" ami l.iwM«r«' Itisivi' fniwir to rrtfU 'air li'iuor traflu- within thrir limilii' Hill for protriti m of lalxirrni it: hdMH"it« rniplf>vni<-nl n»iii»: rmi«l"Vi rn' Ijaliility. rtr ' Hill arl of I'.runt'. Bill I'l i-ntatilliili »talr "irmaj *ilv>>l at W>n> BUI It. »nxwx |Mir< of \N iMhiiiKton t'ounty to Multruimahi Hill to i-HtatilUb i»,(lr normal whtifil at Athlamt' Amciitliiic nl |iriihilMtmK li'juor tralfiii Rill |>rohit>itini( iwlr of li.|uor. iirovuliiiw for urari h foi lii|iirrt-«. ami ntctilaliiii; nhtfmrnti erf umri Bill . r.aiin« lioark> . Hill for Rt irral law undrr »hi< h new rountin may lif < realvH or liouii'tarif!! ( hanni-eli Am«n'lmrnt prrtnittinu ri«inti«« to Vote bond* for prr manrnt roaif imfwovrmrnt' Bill tH-rmillinK voter* in ilirc< t primarfpa to rxprnu 1 hoilrnt. to wlprt drlrKatr^ to national < onvrntiona, and nominate randidatea for prcai- dmtial rlM-lors' Hill I rratinu »K>ard of p<^>plr'ii tnoprrtors of Kovprnmrnt, liroyi.jinK for rrports of iKiard in omrial utatr Kazrtte to be maiU.7W I/.W2 17.120 .M,i75 4J,.IS3 lO.O.S.S .17,0.»l 44,5M No. V*.' 14 4B.I7I 4A.070 4l.ft9i 71. MM AU.«f| 4H.044 fti.OIA M.OOi A I, two 4i,W7 S0.77» • I. •Ml 6i,7li At. 7m 46.JOI l0J, Atamrda. California, direct IcRJ^Iaiion in, iroiu, 115 116; u*e of the recill in, m6 Alexander, Mayor. M4>or ILirptT replaced by 11 Los Anurlcs. .ui. US Arizona, doctrine of referen- dum in, IJ5; proposed .idop- tion oi the recrJI in, ifU; pre<>idential veto f state- lifH)d hilt in. ill, H2 Arkinsas. direct legislation in, 154 Augusta. Ntaine, prcivialon* for special direct legislation in, 101. Berkeley, California, move- ment for direct Itgishtion in, ! BtMtnn. proviiitm* rrRarding nomination prtitiono in char- ier (if JO. iilati!r.rEN<|{ or DiSKT Lfr.is- LATioN, 194.3:0: the ' -sen- till i of popular Koverniuriit, "M. lyj . diflfercnc t.etW( vn individual ^n' xnnumity action, 105, . ■ if ;i of ccmn.unity .i-c.t f/i.; the utilitarian t •♦Mii',-.. of direit legi^latt' • 117- ex- ipiples. loR. U)ij, ih. ' ..lum- bia Rivir lisherics m,ittcr, ,*», ioi ; effect of direct leg- islation upon r'i'resentatives, Mj; editcation»il value of I'le mitiativc and referc ).- jm. 203; new arrangem* lUs i,ot incompatible with a sound representative system, J04, 205; the experience of Ore- gon, ao6-2ii; the presiden- tial veto of the Arizona rtatehc-od bill discussed, ii2. 351 INDEX 31 J ; value of the recall. 213, a 14; cnncliision.s, J15. Dradford, E. S.. on .signatures required for initiative peti- tions in commission-gov- erned cities, 14. British Columbia, use of the advisory referendum in. 100. Urookline. Massachusiits, as a type of New Kugiand town, Hryce. James, on the failures of city K'>vcriiment in Amcr i^a, ').?; on the sut\-e>s of democracy in Switzerland, 155; «>" the American consti tution, J57. Buffalo, use of the advisory in itiative in, <)0. Burke, Kdmund. on the func- tion of a representative, jH; on the difference between statesmen and politicians, l»J. 184. Cilifornia, conditions in, prior to igorx jt ; adoption of rc- i"'"*" ill. 4^, 43; home rule charter movement in, gs; use of advisory referendum in, j 101 ; direct le„islation in ' cities of, io7-it6; use of re- call in, rt6: operatiem of in- itiative an;; Civic Federation of, attitude of, on direct legislation, J79. Citizens' Recall .Association, in Seattle, .?,?«. Cleveland, use of referendum to prevent grant of franchise in, 104. Colorado, home-rule charter movement in, 05; adoption of referendum by, 135; direct legislation established in, 154. Columbia River, questions re- lating to salmon fisheries in, 17.?; submitted to popular vote, mo; as an example of 352 INDEX mattrr<« passed upon at direct elections, Mi. Commission govcrnrnt-nt, rela- tion of, to direct leKislntum, i.i; use of initiative petitions in cities under, 14; adoption of recall in cities haviuK, 4,}; use of initiative and referen- dum facilitated by, iiH-i.'.». Connecticut, adoption of amend- ments to constitution of, by referendum, i-j8. Constitutional limitations, rela- tion rf, to legislative de- terioration, 18, 25 Conventions, results of nomi- nations in, 17. Corrupt Practices Acts, as p.irt of a proRressive programme, 54; adopted in Oregon, 144, «45. ^if^ Councils, municipal, reduction in si/e of. as an importatit reform. 20. Croly, Merl)crt, on the new na- tionalism, 52. Dallas, Texas, direct legisla tion in, iirj; recall of school directors in, 30.? 304 Daiiville, Illinois, election frauds in. 207. Davis, Thomas A. : The Re- call AS A Measire ok Top- j iLAR Control. .ti.v.?JO: con- j ditions in .American cities ' before the appearance of the recall, 313; the recall in Los Angeles, 314, 315; is the re- call fair? 316, 317; the need of the recall in New Jersey, Dcaley, J. Q, on general ten- dencies in state constitutions, 18. 1)eken(e ok Direct Le«;isla- TioN, by Jonathan Bocrnk, Jr., iit4-2\o. Dimocratic party, the present opportunity of, 83, 84. I Delegates, election of, to na- tional conventions, by popu- lar vote. 173. 174. Delegalion of legislative powers, constitutional objec- tions to the referendum as a. 8. Denison, Texas, referendum and recall in, fig. Denver, direct legislation in, 118, 150, 151. Des Moines, adoption of com- mission government in. 13; direct legislation established by, ix>, 154: form of ballots in, tJ5; threatened use of re- call in. 301, 30J. Detroit, use of advisory refer- endum in, 97. Development ok Direct Le<;- islation in America, by Robert Treat Paine. 93-1^4. Dilling, Mayor, attempted re- call of, in Seattle, 338-.J40. Direct legislation. See Initia- tive and Referendum. Direct primaries, their relation to other reforms, 54, 55. 353 m INDEX Kfhuation, politii.,!. value of direct IcKislatinn as a iiieatiH of, 11, J4, 20J. jji, jjj, ,,|,. portunities for, in Oregon, I'l I'aso, iisf of the rfffreiuhim in, iiQ. Kmcrgency laws. txcliidi.! from scope of imtulixf, 1 1 Hmployees. niimicipal. alliliide of, to the referendum, .i«. Employers' liability, action of Oregon voters on proposals conccrninR. j6.^, J64. Estacada, Oregon, use of the recall in, joj. Eureka, California, use of the initiative and referendum in. Experts, municipal, relatiim of recall to question of, 48. Eawcett, Mayor, recall of, in I acoma, .vjq. Fisheries, in Columbia River, questions submitted to voters concerning. Sec Columbia River. Folk-Moot, Anglo- Saxon, meth- ods of direct legislation in, Ford, Henry J., on powers of party bosses, 70, I'OTt VVoitb '^exas, ise of the ref, .cndun in, iiy; .-mcnipt to recall a cioner in, .Vi2. Franchises, the grant of. by referendum, 7; direct legis- lation in its relation to, 11; attitude of voters at refer- enda concerning. .17; use of initiative and referendum in making grants of, 104. ^jj. Fresno, California, direct leg- islation in, 108. Ill; use of recall in. 1 16. Fril)onrg, t aiiton c-f. in Swit- zerland, absence of initiative and referenl't.KV Rtl.r IN Owu^iN. .•.y-^7H prrparn tions for the general clrctioii of 1910. js.] : iHil)iicit., ni- RinrcniiK, jn; tl" IV.-pIt-'^ P«H»«rr League. j.}5; ex- amples of meaMirert sub- nutted, A)5-240; aiial.V'^is of chief proposals, ^41-^4^1; th<* campaign of 1910, 24«)-.'5.) ; the campaign \wk. JS4, jj-, ; effect of Corrupt F'ractii'cs I-aw in (Jrcg»jn. .'56, size of ballot, ^57; resuh-: of voting on different measures. J5X- J73 ; general onclusions, 274- 27« Holman, Khkuf-RU k V : The Unfavorable Kesilts o*- Di- rect Ln.isuATioN IN Ore- gon, 279-297 : political prob- lems of Oregon, ^79; Ore- gon's lessons for t)thcr states, j8o. 281 ; ten years of direct legislation, 282; its short- comings, 282, 28.1; siz^- of votes polled, 284, 2H5 ; ex- amples of measures sub- mitted to the people, 2H6 ; the caM" of the University. 287, 288, the singk-tax pn>|Hisal. 288, 289; other proposals, 290, 291 ; virtual ab<)lition of trial by jury, 291-294; cum- brous nature of ballots, 295 ; summary of results, 296, 2*^7 llnmr ridr charter, adoption of, by lefcrenduiii, in Mis .souri. 95: in California and other states. 95. Houston lex.is. provision for referendum in charter nf. 1 19 Illinois, provision^, rriatinR to advisory referendum in, u. 96, *)7 . public opinion law in, *W; proposals to adopt m.m- dat<)ry initiative and referen- dum in, 281, 282. Indiana, adoption of advisory initiative by, 101 ; popular approval of public service franchises required by laws of. 104. Initiative and Referendum, deliiiition and early history of, 1-6; development of, in the United .States, 7 15; ex tension of, to cities, 97-100; use nf, in recent years, 235- ^56; part of Progressive pro- graniinc, 54-64 Argumcr.ls for: general, 18-24 ; ■*•' eflfective agency of popular responsibility, 85- 90; not antagonistic to rcp- rescntativ,? government, 146- 149; voters will no' act hast- ily, 196-198; examples of im- provements secured by use of, 199-201 ; as a check on self- ish legislation, 202; as an agency of political educa- tion, 20j; secures protection against in&incere legislation, MS INDEX no, rdirve*! Ifgi<;latur«''4 from pffssurf nf polifiral blisses, jv). allcKf,! dviert^ are easily rtimtfird, >',io ; char artcr of the nK*- m-w WiL30N. ftg-Qi. ; Je^^-rson, Thomas. pf»litical ideas of. i6j, iffy Johnson. Lrwis Jeromi Di- ke* t Lki.ISsLATION A.S A"< AU V OK RKfKri,EN1AiiVK GfrtKRNMKNT. i.wifi.? the need of political rcconstrnc- lion. 1.19. 140, the fuii.la I mental defect of nuHlern legislative mechanism, 140, 141 ; the [ir.i|KT channels r>f popular control, i4'-i4.<; the Oregon system. 14+ • ^ ; not antagonistic to representative government, 146 149. actual results f.f direct legislation, '50, 151 ; what the system can achieve, 151-15,?; its re- sults abroad, 154-158; the prohlem in America. 159. 160; .American political ideals as stated in the constitution of .Massachusetts, 161 ; con- clusions. i6.>. !6j Judiciary, proposed recall of, 184-186. .SV, also Recall Junction City. Oregon, recall of mayor in. ,k).1. Kan.sas. advisory initiative in. Id Kansas City, home rule charter system in, 9.;; direct legisla- i tion and the recall in. 122. .?56 Bk^ss : INDEX Labor, organi/fd. attitude of, to direct leKi^lation, ,?«. j6i. landfSf^. trrindf, Swiss, dc- velo|>ni..,it of direct legisla- tioii idea in, !5J. Leavi-nworth. Kan,laturf^, decline in capacity of. 17; lack of leadership m. 18; present firesii^e of, 25; centraii/ation of responsibil- '«y in. 75 ; proposed reorgan J/atioii of, as exemplitied in \ OreKon. .•4.4-246 .SV,. also ! Hepresentative (lovernnient Lew, -ton. l.lalu), establishment of inituiine and referendum in, i„'i ; recall in, ,?05. Limitations, (onstitutiunal. See ( onstitiitiKiial Limitations Lincoln, Abraham. pulitical ideas of. 140. 167; would have been subject to recall, 184. Lincoln. Nebraska, referendum in, 105. Liquor laws, referenda on, ,y, -^50, 251. Ltjpg Beach. California, estab- hshments of initiative and referendum in. no. 1 11 ; re- call in, 116 Los .Angeles, adoption of recall in. 42 ; recall put in opera- tion by, 45; initiative and ' referendum in. 108-114; re- ' call of .Mayor Harper in, 116. .?o.?. u'l-.v.S; procedure ni hling recall petitions in. J57 J'4-316: removal nf a mu- nicipal councillor in, J22, Lowell. .\ Lawkeno:: The ReFERCNDI'M I.N the I'niteii States. ij«i-ij«: the adapta- tion of an institution to its environment. \jb. the early use of the constitutional ref- erendum in Massachusetts, 1^7; its spread and subse- quent development, i.'8; its extension to ordinary law- making, IJ<>; the referendum in actual oneration, i.i«*ral shnrUiimiiiKH of the iiiitialivf, 175, tj(); limi- tatimis upon a free use of the referetuhim, 176, 177; it< effeet in rcini>vinK respoiisj hilify from representatives, 178; the puhtiv-al intic- of voting a* ref ereiKia in, _i\; incorporation of cities hy referendum in. <).\ 'm: pr-vision i'.,.- •■•.lvi< I ory initiative in Ci.nsfitufion j of, ioi : use of referendum j in. in making constitutional \ amendments. 127, 1^1, 1 (.> ; ; --uggestion of recall m origi j nal cmi'-titiitiou of. i^j Aieinphis, use of initiative and referendum on municipal franchises in. 104 .Michigan, home-rule inove- nient in cities of. 05; advis- ory initiative in, lot Mill. John Stuart, on popular responsibility, jj. Milwaukee, movement for di- rect legi-l.i»ion in, 123. .Minnesota. iKmie-rule move- ment in cities of, gs .Mississippi, use of popular in- itiative for adoption of com- mission charters in. ijj Missouri, restrictions on use of initiative in. 10; lieginnings of home rule charter move nient f,ir cities in. ^4 ; refer- idiiin adopted hy. i.js; use of direct legislation by, 154. .Montana, limitations on use of initiative petitions in, 10; adoption of provisions for direct !ei4!-iation by, io6, i.Ki. 154. ^f I .VRO, VV. R. : iNTRODlt TORY, 151: significance of the di- rect legislation movement, I, 2: reasons for its spread, -•-4: early examples of the mitiativc and referendum, 5, (>; Use of the constitutional refenrJum 6-8; application of the mandatory leferen- dnm to ordinary laws, q; marliinery of direct legisla- tion, ;o. 11 , the Illinois sys- tem, !_■ ; use of direct legis 358 INDEX lation in citiri. ij. 14; rila- tion of the Hysii-m to n-prc- •H-ntativc Kt^vernment, 15-18; the suady rtrduclmn in IK.wers of Icgislatnns, 19, 20; arguments in favor of the initiative and referemlum. J0-J4 ; arguments aganist. i4\U; statistics of votes polled at referenda, ,u. ^4^, nature of popular niterest in referenda, 35, jO; electoral tendencies. ,\f)_\i)- merits and faults of direct lenislatifni in practice. 40-42; the recall. 42-50; hi-tory of the recall, 4^, 4.5; machinery of the re- call, 43-45; the recall in operation. 44-4''; ar>;tmu'iits for and against the recall, 47-S«- National conventions, election <»f delegates to, by popular vote, 55, i7.<. 174. Nationalism ano Poitlar j Rule, hy Tukouoke Koose- VELT. 52-58 I Nebraska, direct legislation in, | •OS , New England, direct legisla- ' tion i{ party organization j connected with, 78-81. North Carolina, advisory in- itiative in. 101. North Dakota, direct legisla- tion provisions adopte.l by. 122. Norway, democratic frame of government in, 6j. Obcrholtzer. K. P., on direct legislation, ijg, i jo. Ohio, advisory initiative in. loi ; use of the referendum in. for grant of franchises, 104. Oklahoma, requirement for in- itiative signatures m, 11 ; provisions against frequent resubmission of the same J59 I.NDliX qtie^tinn to voters in consti- tution nf, 1^; adoption of rt-- <■•■•" '". 43, home ntlf for ritits of. (>5; iniiiativi- and rtfircnduni adoptid by, loT). 'O". IJS; issne of publicity panipldi-t wi, 144-14^. work •iiK of direct ligMation ni, '54 Omaha, adoption of iniiiaiivr aiiy. 105. Oregon, actual nse of direct leKi^l.iiiun in. 14. 15; :„i,,p tioli of recall by voters of, 4.<. -IS. if^-'; home rnic move "lent in. ys; direct legHla- tion in. 106. 1.15- 1.,7. i?*). 177; the recall arraiiKtmefils '". i.KS: Corrupt IVaciiccs Act of. r44, 145; state pub- licity pamphlets of. 144-146; measures adopted by direct legislation in. 154. i8q, 200, 201. J04, 205. JI7. J.'S-.v;. ■\U flF. 258; probalile results of recall arrangements in, iHj; statistics of referenda «n. ars. 224. 283, 286: extent of representative lawmaking in, .>o7; analysis of measures submitted to voters of. 2^5- 2-7: rampaiKU Ivook of, 236; Peop|,.\ Power L e a g u e "f. 2.35. .'.\6; constitutional amendment relating to ju- dicial procedure in, j\7, j^g; proposed reconstruction of legislature in, 244-246; direct | legislation literature in, J54; .360 action n! voters on proposed fmpb)vers' liability measure in. 26.1, J64; on taxation measures. X»5 jAH, >ummary of results of .lircct legisla- tion in, 27J J78; population and p.)litical problems of, 27y; matter of L^mve? ity ap- propriations in, jHj, 288; right .if fbe citi/en to trial by jury impaired by popular vote in. J8.,.jg5; actual use of recall in, .joj; application of recall to judiciary, .305. S,; also VfMt OF THK Peo- I'LEs Ri Lt I.N Oreixjn and Unfavorable Results of Di- KKiT Le«;islation in Oregon. Paine. Robert Treat: The Develoi'mfnt of Direct Leg- islation IN Amerka. yj- «-•-••• origin of the referen- dum, Q2; its relation to American theories of govern- fnetH, 9j; beginnings in America, 94, 95; the advis- ory referendum. 96; use o£ the referendum in cities, 97; votes at referenda in various cities. 98-100; the referendum m state constitutions, 101 ; referenda on ordinances and franchises. 102-104; spread of direct legislation provi- sions in city charters. 104- no; initiative petitions, 11 1. 112; the experience of Los Angeles. 112-H4; rise of di- IN'DKX rfct legislation in other Cali- fornia cities, 115. 1 10; in OrcKon and WaHhington. 116, 117; in Iowa, Idahu and other states, 118-iJi; in Massachusetts, uj; the Newport plan, ijj; merits of the system, IJ4, 1^5. Pamphlets. See Publicity. P;irtifs, political, disiraliility «)f, in the conduct of repre- sentative Kovernment, Ttt, 77 ; nominatinii machinery pro- vided by. 78; realignment of. 8J.84. Pasadena, California, direct IcKiNiation in. iio-iij; recall in, 116. Pennsylvania, provisions for instructing representative- in the constitution of, 5 ; pres- ent legislative conditions in, Ji ; advisory initiative in, n 1. 1 People's Power League, in Oregon, work of, for direct | legislation, jt.is. ij6. j Petitions, percentage of signa- ' tires required for initiative, in South Dakota, 9; in Ok- lahoma, II; in various cities, 14, Iff; difficulty of gather- ing signatures for, jg. yt; ' for setting the recall in oper- j ation, 43, J05-307; proper I number of signatures for, 1 223; method of obtaining sig- natures for. 282; withdrawal of signatures from, jji ; the experience of Seattle in the M 361 matter of supplementing lunnlier of signatures on, .{jj. Plymouth, Colony of, direct legislation idea in, 15J. Portland. Oregon, direct legis- lation in, 117. 150. jiH; sta- tistics of referenda in, .*.*8, PnArruAL VVotKimis or riir. Initiative and Referendi m IN OnuMN. by Joseph N. Teal. ai7-2jx i Progressive party, prf)gram I of. 5.1. 54. 64 ! "Promise of American Life," by Herbert Croly, 5.1. Proportional representation, I proposed in Oregim, j.\,\. Z44. Public Opinion I^w, in Illi- nois, 9g. Public Welfare League, of Se- j attle, work of, in checking signatures, jjj; part of, in recall elections, jiyb. Piblicity, method of, at di- recf legislation elections, n; arguments for and against submitted questions issued in pamphlet form, 23; value cf, joj; various means of se- curing, ao8; experience in the matter of, in Oregon, ajj, 2.U 2S4. Recall, definition of. i ; origin of, 42, 2g8; development of, in America, 4.?; machinery of, 44; actual use of, in America, 45, J01-J04, 323- mm m I\l)l x .US: 34 applied In thr jii- fliriary, HK. |M, i«f,; jn i a||. f"rni.i liJuo, m(>, ii-; ml )r»- K'xi. 117, J115, an .iitiilii'il l>> ailtiiiiiitir.ilivt- onii'i.iU, hi ^V^lsllin^^..n. iiR; m M:i<<.|. ^hllM•ll^, I4.»; in .\ii/in«a, iHj; provision*! rcl.iltiiit |o, ill llif Arlirli < of ( iiiifri|«r;i- tion, jtjS, pr|i|iii,..nalilv "f, ,i.'i ; iiMil Mu^l•^-.lull\ in l.os Aitj-ilr^, jji u'.s; in S alllr. .»_■'• u I .li^^ununls fur: ciifortiH ofliii.il rt-Npoiisiliilily. |fi, ^r ; allows hMiKt|i,iiii)i> of otTiii.il trrin-.. 4S; tint hkily to li« llM'l illJlnlil|oi|,|y, H)K; i|...iilts a** xliown \,y r\|M ri- rnce, ji>S ji>-', .!!-' JI5 ,>»,yii»H./i/v af;i>nisl: ilt-tri- nuiiial ttlV.t upon piil))ii- ni liiiil-. 4K, iH^, 18 1; pr., liable cfTttt of, at critical P'ThnIs, ill Atnrrican hi lory. iSj; .m staled ill prcidfiitial veto of Ari/oii.i St lit li Ml,! l!i||, jij; ii^ <\|icnsivciics<(, jii ; the - j 1 I M< (uNikOL, b> Thomas A, Davis, jij-jjo. I 362 H»:i Ml. IV Ijtis ANi.riit«, !iy ' l^lll.^^ I). \Vii.i,AHii .pi. Uki AU. IN S»ATII», l?v t-BKu \V. ("ATI.E1I. .»J<>-.HI Kki M.I.. I'sr ii». IN Tiir I'nitid Si \r»;s. hv Mini kt I| Swan, j f> MINIM M ,, TMK iNITKD SlMK.s. Ii> A I.AWHKNtK i.'ivuil., ljf>l.{H. Kn-ie»s>.Nl \TIVr. AS Ai,AINi-l ATION. by SaM- I hi. .Ml ( Ai I., itn luy KiprcM-ntaliM' Knvcrntmiit. rc- l.itioii i.f. Id initiaiuc and nfirriidiini, 14; diihciiliuH in the way of JcKislatioii under. Ji. .'_', iriK latiiri' of, accordiiiK to iMiiniiiid Hnrkr. jX : relation of recall to. 17; nl.ilion -f. to votrr>i, (m, 6| ; pii<.%iMc rffict of (liiei't li K islatioii on. 1 j;, 1.4.S if,; i*,^^ iO.I, .f)\. JJI, j.u* Kivtr^idc. < alifnrnia, direct leKislalioii in, tio-iij. 115; recall in, 1 16, KdosKVKIi. rilF.onUKK: Na- IIONAI.ISM ANU I'oiMIAK RriF. 5.'fi«: the nieaiiiiiK of nationalism, jj, 5.?, the lued for a progressive n.Hional policy, 5.1, 54; a programme of progress, nj. 55; tin- value of the initiali\e .ind refeien- rf>«iitalivr IrKinlalioii in praitKi , f*y(tj. IIm? Ir^vitu of fn\|..r)', 6j. 64. thr end* whuh ilirtvi IrKiiKituMt will athirvf, 65 fiH. Sarr;irncnto. talifcirna. (|irr«t l«-Ki«laliiin m, iio-iij San Aiifdiii.i. I'rxas, rrfrrm- duni It). I ii> San KrmantiiKi, ("alifnniM. rr call of iiiiim-ilnii'ii m, joj; ilirrtt Iruislalinii m. no, 111 ; rrcall in, 1 16 San DirK'N California, dirnt I'UKlatii.ii atxl mail adopti-d t.v. no. III, lift. 11- San Fraiuiscn. initiative and rrfrrendiiin in. 107. iciN, 1 1 1 ; ricall in, 1 16. Santa Cruz, California, dirn-t lcgi. experieiiie of. as a home rule charter city, <« Sialutes, multiplication of. by ii'-p of the initiative, lyi, lyji. Swan, IlKUHfRr S. The Umc or THr RflAII. IN TIIR UNitro Statks, jg8-jij; ori- Ifin of the recall. jqK; theory on which its use rests, .>«xj; the intidelity of representa- tives, joo; value of the re- '■all, .toi : does not interfere with efficient officers, .^oj; use of the recall, in San Ber- nardino and Lns Angeles, }0.\: other examples, .v)j. .105; safeguards surroumliiiK the recall, .106. .107; recall machinery. .^07, .»8; the fill- ing of unexpired terms, 300. ,110; objections 111 the recall, jn ; Its service In improv- MICROCOPY MSOIUTION TiST CHART .ANSI and ISO TEST CHART No 2l 1.0 I.I 1.25 IS 38 1^ t 1^ 1.4 112.5 2.2 2.0 1.8 1.6 ^^ 'bbS [as! Main SIri-fl r«S Rochester. New I'ofh '^609 USA .^S ('16) ".82 - 0300 Phone ^= (716) 288 - 5989 - ro< INDEX ing municipal government, 3ia. Switzerland, early experience with referendum in, 31, jj; compulsory voting in cantons of, 32; origin of recall in. 42; results of direct legisla- tion in. 59. 154; as a suc- cessful democracy, 155-158, 189-191. Tacoma, Washington, use of recall in, 304; removal of Mayor Fawcett in, 309. Taxation, action of electorate in matters of, 288, 289. Teal, Joseph N. (of Portland, Oregon) : The Practical Workings of the Initiative AND Referendum in Oregon. 217-232; beginnings of agita- tion for direct legislation in Oregon, 217; adoption of the system, 217, 218; exten- sion to cities, 218; reasons for favorable action, 219; objections to direct legisla- tion stated and answered, 220, r!2i; changes suggested in system. 222, 223; illustra- tion of measures submitted, 224; nature of proposals de- feated, 225, 226; nature of proposals adopted, 227, 228; municipal ordinances sub- mitted in Oregon, 228, 229; general workings of system. 230, 23T ; its relation to rep- resentative government, 232. 364 Tennessee, advisory initiative in, loi. Texas, use of referendum on matters of party policy by, 12; direct legislation in, no, III. Toronto, Canada, use of ad- visory referendum by, 100. Town government, in New England, the referendum as an essential feature of, 24. 63. 7^- Unfavorable Results of Di- rect Legislation in Oregon, by Frederick J. Hulman, 279-297- Use of the Recall in the United States, by Herbert S. Swan, 298-312. Utah, adoption of initiative and referendum in, 9, 135. Vallejo, California, initiative in, 108, III ; recall in, 116. Vanderburg, Senator, resolu- tion introduced in Oregon legislature by, 217. Vermont, advisory initiative in, lOI. Victoria, British Columbia, use of referendum in, 100. Vidette. The, its early ad- vocacy of direct legislation in Oregon, 217. Voters' League, of Los An- geles, 113. Voting, preferential, 20. INDEX Waco, Texas, use of referen- dum in, MQ. Washington, state of, adoption of recall in, 43, 118; direct legislation in, 117, ti8; mu- nicipal officials recalled in, 304. Wichita, Kansas, referendum provision in, 121. Wilmington, Delaware, provi- sions for initiative and refer- endum in, 101-103. Wilson, WooDRow : The Issues OF Reform, 69-91 : deteriora- tion of representative ma- chinery, 69, 70; old formulas of government, 71, 72; the irresponsibility of governing organs, 73, 74; the absence of real legislative leadership, 75; public opinio! and po- litical parties, 71-77; defects of present-day nominating machinery, 78, 79; bossism in politics, 80; the American political awakening, 81, &i; the opportunity it atTords, 8j, 84; the remedies, 85, 86; di- rect legislation as an eflfec- tive agency of popular re- sponsibility, 87; the recall, 88; the curbing of privilege, 89, 90. On merits of direct legisla- tion, 174, 175. Winnetka, Illinois, system of ple