MARCH 31, 111
3
The Commoner.
bettor legislatures and better legislation by talc
ing away from the legislatures the election of
senators. We have found that by giving this
election directly to the people we dignify the
campaign, arouso an interest in men and
measures and place a responsibility on the people
wHich they rise above party to meet.
"But above all we have found that in this
way and in this way only, can the senato of
the United States bo made responsive to the
public will and freed from influences which
have in the past infested it.
"But, Mr. Toastmaster, important as this
radical reform Is, it is only one of a number
which distinguish the present advance in popular
government. They all have the same purpose
to perfect the rule of the people. Let mo at
this point especially congratulate and commend
the legislature of Nebraka for submitting the
initiative and referendum amendment to the
voters. It was a duty well done and a promise
well keiH;. I hope the legislature will go farther
and thus give a larger measure of local self
government. And then I hope it will enact a
bill to provide that parties in choosing delegates
to their national conventions may elect them by
popular vote In primaries instead of leaving
their selections to conventions. Let ub carry
to its legitimate perfection the idea of a govern
ment by the people. Let us do away so far as
is possible with the political middleman. Let
us place squarely upon the shoulders of the
people not only the burdens of government but
Its powers and responsibilities as well. Let us
eliminate so far as possible the machine, the
boss and the dictator so that the voter and
the public official shall be in close relation.
Then the will of the people will be the law of
the land."
Richard L. Metcalfe spoke on "Mr. Bryan
Versus Special Interests.;' His speech will be
printed in full in a later issue.
GOVERNOR SHAFROTH'S SPEECH
Governor John Shafroth of Colorado, said:
"I understand that the legislature of this state
has passed a law to submit to the voters of
Nebraska a constitutional amendment, providing
for the initiative and referendum of laws and
constitutional provision. The campaign upon this
Issue will be one of great moment, as most vital
principles of self-government are involved. The
question is non-partisan and I sincerely hope
that all lovers of liberty and free government
in Nebraska will, as they did in Colorado, join
in that movement for the rule of the people.
"There can be no doubt at the present time
there is something seriously wrong as to the
manner in which, our legislative bodies are con
stituted. There is a powerful influence exerted
upon many legislators and members of city
councils after .election, which makes them not
only ignore the principles to which they pledged
themselves, but in many instances wilfully and
deliberately to vote against their pledges. This
, influence further Induces them to vote against
all measures -which have a tendency to place
the government nearer the people. The cor
porate interests are solidly against such
measures and use every effort to defeat the
same. It is this condition of affairs which has
caused the citizens to believe that many of the
men delegated with power to enact laws, or
ordinances, are often improperly influenced to
cast their votes against measures which aTe in
the interest of the people. Such, improper In
fluence may not always come In the form of a
bribe in money, or a position wltn a salary, but
often it is In the form of some advantage to be
derived by such votes. In the early history of
our republic, when combinations of capital were
not thought of,. those who were elected to repre
sent their constituency could be relied upon
to enact measures in the interest of the people,
but since tremendous capital has become the
owners of enormous enterprises, the influence
of the officers and agents of such corporations,
Jby reason of the ramification of these indus
tries, in many communities produced such
powerful effects that their active opposition to
measures In a legislature or a. city council, al- t
most Insured the defeat of the same. During !
the session of a' legislature the lobbyists of
many of these corporations swarm the corridors
and committee rooms of the capitol, exerting
ail their powers, by legitimate and Illegitimate
means, to defeat such measures. It seems that
the time has nearly arrived which was so un
erringly prophesied by Abraham Lincoln when
he wrote, on November 21, 1864, to his friend,
William S. Biking, as follows: 'Yes, we may
all congratulate ourselves that this cruel war
is nearing its close. It has cost a vast amount
of treasuro and blood. Tho best blood of tho
flower of American youth has been freely offered
upon our country's altar that tho nation might
live. It has been, indeed, a trying hour for tho
republic, but I see In tho near future a crisis
approaching that unnerves mo and causes mo
ta. tremble for tho safety of my country. As
a result of the war, corporations have been
enthroned and an era of corruption in high
places will follow, and the money power of
the country will endeavor to prolong Its reign
by working upon the prejudices of the peoplo
until all the wealth is aggregated in a few hands
and the republic is destroyed. I feel at this
moment more anxiety for the capital of my
country than ever -before, even in the midst of
war. God grant that my suspicions may prove
groundless.'
"No matter what may bo the cause, it is cor
tain that most appalling conditions exist in
most of the states in the union with respect to
the passage of measures in behalf of tho masses.
"Representative government is good only
when it represents the will of the poople. When
it represents those who seek special privileges
or advantages, it is time some measures should
be" enacted to compel legislators, and members
of the councils to respond to the will of those
who elected them to office.
"The two most important measures that have
been devised by men to compel true representa
tive government in states and cities, are the
Initiative and referendum laws. Tho principles
upon which they are founded are those which
find expression in the Declaration of Indepen
dence in the statement that 'the just powers of
government are derived from the consent of
the governed.'
THE INITIATIVE
"The initiative law is that which gives to tho
people the right by petition to compel the sub
mission of proposed ordinances and laws to tho
voters of the city or state, and makes them
effective by a majority vote. The law in Colo
rado provides that citizens to the number of
eight per cent of the vote cast at the last pre
ceding general election may sign and file In
the office of the secretary of state, four months
before a general election, a petition for the pas
sage of any law, setting forth In full such pro
posed law. Thereupon the secretary of state
shall publish the proposed law, with notice that
the question of its adoption will be submitted at
the next general election to the voters, who
shall, by a short designation printed on the
ballot, vote for or against the same. If the law
is approved by a majority of the votes cast,
the measure becomes a law of the state. As it
is laborious and expensive to procure tho signa
tures of the requisite number of voters to the
petition, the legislature is always appealed to
first to enact the measure.
"Under our form of government all laws
are supposed to represent the will of the ma
jority. Then by what line of reasoning can
people object to the will of that majority being
expressed directly by the people who constitute
that majority? True representative govern
ment does not exist at the present time. The
corrective of retiring legislators from dfllce at
the next general election is too remote to be
effective. The law of the, initiative removes the
temptation of the legislator to vote against the
will of the people, because it removes tho In
terest of those seeking special privileges, or the
defeat of popular measures in his vote. The
great corporate interests will not spend money
iri endeavoring to get legislators, or members
of councils to vote against measures desired
by the people, when they know that the people
can, at their own initiative, present for passage
before the voters of a city or state the same
measures. The only resort of such Interests
then will be in the attempt to bribe the people,
and it will be found that It is Impossible to cor
rupt the majority of an entire city or state.
Even If this could be done they would find that
it would be too expensive and, consequently,
would not be undertaken.
"Under the initiative tho appeal in behalf of
measures must be to the reason and not to
selfish motives, and hence Is a great educator
of the people. Experience demonstrates that
the electors do vote on measures submitted,
and that they vote Intelligently upon the same.
.For instance, In the state of Oregon the vote
in 1904 upon the direct primary law, with direct
selection of United States senators, received
56,205 votes in Its favor to 16,354 votes In the
opposition; upon the local option law in that
state, 43,316 votes wore in favor, to 4 0,1 OS
votes against tho measure. In 1908, In the
samo state, tho recall power on public officials
was adopted by a voto of 58,381 to 21,002, and
the corrupt practices act, governing elections,
at the samo time was adopted by a voto of
64,042 to 31,301. When It was considered
that tho total voto in tho state of Oregon in
1904 was 85,595 and In 1908, 110,590 it can
bo readily seen that great interest is taken by
tho peoplo in the measures submitted by tho
initiativo law.
"Tho submission of measures by tho initia
tivo law Is simply tho oxorciso of a well
recognized principlo of parliamentary law. Any
member of a dellberatelvp body has tho right
to riso and mako a motion; the chairman will
recognizo tho motion If a second or such num
ber of seconds as may bo required by tho by
laws, can be obtained. Then the motion is
submitted to a voto of tho members. Tho mo
tion, and its seconds, aro in reality tho petition,
with tho requisite number of supporters under
tho initiative law, and under tho samo par
liamentary principles tho petition, or motion Is
then 'submitted to tho votors. There can bo
nothing radical in Invoking in behalf of tho
peoplo the samo principles of parliamentary
law that has govorned all deliberative bodies
for centuries.
THE REFERENDUM
"Tho referendum is a measure by which tho
people may annul laws enacted by legislative
bodies. It provides that upon tho petition of
citizens to tho number of five per cont of those
who voted at tho last preceding general elec
tion, any law, or ordinance, enacted may bo
suspended in its operation until tho peoplo of
the state or city shall decide by a voto upon
whether tho samo shall be annulled. The peti
tion to refer the law or ordinance to tho people
must be filed within thirty days after tho enact
ment thereof with tho secretary of state, In
tho one case, or with tho city clerk in tho other.
"Often wo find that a legislature or a city
council has passed a measure which is out
rageous in Its provisions, and a gross injustice
to tho people. When such action occurs, peoplo
denounce it, cry out against tho shame, and
sometimes threaten with the halter tho men
who are guilty of the betrayal of the public
trust, but this can do no good under the present
system. The law still remains; tho summary
execution of the guilty parties would bo
criminal acts themselves and should not bo
tolerated, but the guilty parties are permitted
to remain in office, wielding such power as they
may possess by virtue of their position, in in
fluencing the votes to maintain them or their
party in office. By the time tho next general
election is held many other issues have grown
up and. it becomes almost impossible to con
centrate the odium of the passage of such out
rageous measures upon tho candidates respon
sible therefor. The sanctity of this vote of the
majority of the people can, upon the approval
or rejection of a legislative act is always satis
factory when the election Is fair. The principle
of the referendum Is not radical. In every
state in the union, for a century, it has been
the practice to refer many questions to the
people. The question of the adoption of amend
ments to the constitution; the local option law;
the issuanco of bonded Indebtedness; and many
local laws, have been submitted to tho peoplo
of a state or locality with most gratiying results.
"The submission of laws by the referendum
is also the exercise of the general principle of
parliamentary law. When a chairman of a
meeting decides a matter submitted to him, it
is always the right of a member to appeal from
the decision of the chair, provided his appeal
receives the number of seconds provided for
in the by-laws of such organization. His appeal
and seconds corresponds with his petition and
seconds under the referendum law, and the
chairman of such meeting must submit tho
question to a vote of tho members just as tho
question Is submitted under the referendum law
to a vote of the people. This principle of par
liamentary law has been in existence for cen
turies with tho approval of all and It cannot be
detrimental to have such principles extended to
the voters of the state.
"Under the initiative and referendum law the
legislator no longer becomes the Important per
sonage, upon whose voto mighty questions are
determined, and consequently the great corpo
rate interests no longer, by direction or indirec
tion, will seek to Influence his vote. The mighty
power then is transferred to the peoplo and the
great Interests must present measures which
the people believe are right in order to got them
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