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The Commoner,
MARCH 31, 1911
people any law . they really desire and really
need and really caro to have! How can men
complain of the laws which they wrlto them
selves, freo from corruption, Intimidation, force
or fraud?
"In like manner, by the referendum, the
sovereign people of Arizona can, by petition,
suspend the operation of any unjust, corrupt
or undesired law passed by the Arizona legisla
ture, which might, perhaps, in theso days bo
subjected to the cbrrupt persuasion of special
interests against the welfare of the people. By
tho referendum petition, tho sovereign peoplo
of Arizona can submit to the vote of the peoplo
of Arizona, any such law passed by the legisla
ture and put their veto upon it if they like.
What stability of government does this assure,
when men can prevent tho passago of law which
they do not like and guarantee themselves, by
their own act, immunity from a statute to which
they are not willing to yield obedience! Is it not
obvious that, with the right to pass the laws they
do want and veto the laws they do not want, the
peoplo of Arizona have provided for themselves
the most stable form of government possible?
"And with the right of recall, what more is
to bo desired? When the public functionary,
who, for any reason, becomes unworthy, cor
rupt or inefficient, may bo recalled? It is not
necessary to have proof sufficient to convict him
of disloyalty or Inefficiency. It is sufficient to
provide by the recall for an early ending oT his
tenure in office.
"Hero is the essence of republican govern
ment. Here Is the means by which tho repre
sentative is compelled to be in truth a represen
tative of the people, whose paid agent he is,
because the people by this process have power
to, correct his sins of omission, his sins of
commission and to jreplaco him with a public
servant better qualified as a representative.
"Every canon of common sense justifies the
initiative, the referendum and the recall, and
every special interest, -every corrupt agency of
the system will denounce the initiative, the
referendum and the recall as revolutionary, as
unrepublican in form, whatever that means.
The fundamental doctrines of democracy will
be denounced by the reactionary and thq smug
conservative .as, . heresies, as vagaries, and by
other j shallow epithets.. . ,
. THE INITIATIVE
"The first great essential value of tho Initia
tive will be found in the ability to pass a
thorough-going corrupt practices act over the
head of legislatures elected by corrupt practices
in states where such legislatures stand as a
barrier to honest government.
"The chief agencies of the system are dishonest
machine politics, often bi-partisan corrupt prac
tices, the buying of voters, the intimidation of
voters, the coercion of voters, false registration
of dead men and fictitious persons, stuffing of
ballot boxes by clever devices, diverting from
the ballot box the honest vote, undue solicita
tion on election day, undue facilities with auto
mobiles and carriages to brjlng to the polls the
Indifferent or-ignorant voters, the hiring of sucti
persons on election day for their valuable
services In partisan activity a device for hiring
the VQter himself and bribing him to vote in
tho interest of the system or its agents and
candidates.
"Look at Adams county, Ohio, 'with two
thousand citizens confessing to the buying of
their votes! Look at Danville, 111!
"Our municipalities have been honey-combed
With corruption. Witness tho terrific disclosures
In San Francisco under Haney; in Denver by
Ben Xiindsey; St. Louis by Joe Folk, et cetra, ad
nauseam. Ono hundred and sixteen men in
dicted in Pittsburg for municipal corruption,
including the prominent members of the city
council, leading bankers and business men,
These things have long been sheltered under
the corrupt system in vogue in the United
States, but under the initiative and referendum a
thorough-going corrupt practices act can be
passed and maintained which will put an end
to municipal thievery, to state rascality and to
national corruption.
"And every corrupt Interest in the United
States will oppose the initiative because it is
the most powerful agency for ending the reign,
oi corruption.
THE REFERENDUM
"These same interests will equally oppose the
referendum, because, by the referendum, the
seduction and corruption of the peoplo's legisla
tive agents is easily prevented; because, with
tho referendum, any corrupt action taken by the
people's agents can be vetoed. Even a crook
Will not buy a franchise of a legislature which
cannot deliver tho franchise, and oven a corrupt
legislator will not sell his act as a legislator
when ho can find no buyer.
RECALL
"And all officials, legislative, executive and
judicial, will bo more faithful, more diligent,
moro efficient, when they know that tho powor
of recall tho termination of tho tenure of offico
is In tho hands of tho sovereign people, whoso
paid servants they are.
"The recall lias its chief value as an admoni
tion to the public servant that ho shall conduct
himself with fidelity and efficiency. It has
hardly ever been made necessary under tho
recall to exercise this right. Only in threo
cases has It occurred in America, and in every
instance, because of proof of corruption, and
tho recall is a milder, speedier, more benign
remedy than impeachment. Tho president of
tho United States can demand resignations or
dismiss incompetent or untrustwprthy officials.
This is a recall by the executive.
THE PEOPLE CONSERVATIVE
"In Oregon, in sixty-four cases submitted by
tho Initiative and referendum, tho peoplo have
shown themselves conservative. They have
made not one single mistake. Their vote in
tho first thirty-two cases was identical with
tho professors of tho University of Oregon,
with one exception, in whijeh the professors
voted for woman's suffrage, and tho people
voted against it.
"Neither private nor corporate properties
havo been assailed by a single proposal under
tho initiative and referendum.
"Sixty-four proposals submitted only cost the
state $47,000. It is cheap and educational.
"The grossly ignorant vote has voluntarily
eliminated itself, leaving tho voto on questions
of law, under tho initiative and referendum, to
be controlled by the moro intelligent citizen
ship of the state a matter of the greatest
importance.
"Tho body of the citizens being themselves
property owners, every man deeply desirous of
accumulating property for the comfort, con
venience and safety of his family, conserve and
defend tho rights of property.
"The publicity problem is highly educational
and elevates the suffrage,.
"But the agencies of tho system, and of tho
gigantic monopolies of tho United States, who
are concerned in robbing tho American people,
through the crafty artifice of commercial con
spiracy, through the market place, and who
are. the chief enemies of the rights of property
in the hands of the people, they and their
agents will all be found denouncing tho initia
tive, the referendum and the recall, because
this system will break down tho power of
covetous commercial monopoly, of commercial
conspiracies, and safeguard to tho people tho
values which they create, the property which
they possess as a legitimate reward of labor
faithfully, patiently and well performed. Tho
great obvious advantages of the initiative and
referendum, in addition to theso considera
tions, are:
"First That it raises the level of intelligence
of the electors who, being charged with the duty
of direct legislation, direct nomination and
direct power in the governing business, will
study public questions, consider them personally
as an important duty of citizenship, and will
thus raise tho general intelligence of the state
and improve the conscience of the state in con
sidering questions of public policy.
"Second It is of great value to the repre
sentative in stimulating him to the more in
telligent, conscientious and efficient performance
of duty.
"Third It removes the representative from
suspicion, Increases the reBpect of the public for
him, knowing that he Is honest and sincere, and
it thus promotes the confidence of the people in
the Integrity, fidelity and efficiency of their
government, stimulates their love of country,
and promotes their patriotism, upon which the
stability of the government must at last repose.
"Fourth It enables the people to raise issues,
unbiased by partisan conflict, discuss them on
their merits as economic questions, solving them
with wisdom and unperturbed minds, without
being torn asunder by partisan conflict or lead
ing men against their will to choose one party
platform or another with their many Issues,
often confused and having no relation ono to
another.
CONSTITUTIONALITY
'"It has been urged that the initiative, the
referendum andthtf recall aro unconstitutional,
because not republican in form, as guaranteed
by the constitution of tho United States (Article
4, Section 4.) This crafty argument would
convert tho world republican' Into ropresonta
tivo and mako tho term representative exclusive,
denying to tho peoplo any powor except through
tho representative elected for a fixed torm and
thus converting tho servants of tho peoplo Into
rulers of tho peoplo. It would deny tho pooplo
tho right of recall, of referendum, of tho initia
tive. This absurd argument is contrnry to
reason, vlolativo of common sense, in conflict
with history. If it bo sound, tho initiative, tho
referendum and tho recall are not severally
possible under tho constitution, but If any ono
of them is recognized by tho constitution, this
argument fails as a matter of logic, just as
it must fail as a matter of common sense and
sound reason. Certainly tho states which on
tored, tho union wero republican in form.
Certainly they did not question that they
wore republican In form and yet every ono
of them, through tho referendum, havo
tho writing of their own constitution, re
serving in tho hands of tho peoplo tho power to
amend or change tho constitution itself, much
less fo write subordinate laws and minor
statutes.
"By the town meetings of tho north and tho
county conventions of tho south, tho right to
instruct representatives was a part of tho
system, in this manner controlling tho repre
sentatives by instruction and was the powor
of initiative.
"And tho right of recall was recognized as
well. In Articlo 5 of tho articles of confedera
tion between tho Btatea of Now Hampshire,
Massachusetts, Rhode Island, Connecticut, New
York, Now Jersey, Pennsylvania, Delaware,
Maryland, Virginia, North Carolina, South Caro
lina and Goorgia, it was expressly provided
that tho delegates appointed by tho state legis
latures should meet every year, 'with tho powor
reserved to each stato to recall its delegates or
any of them at any time within a year, aiia to
send others in their stead for tho remainder of
the year.'
"And tho constitution of tho United States,
In Its preamble, recognizes the sovereignty of
tho people of tho United States in theso august
terms: 'We, tho people of tho' United States,
in order to establish justice
promote the general welfare and secure tho bids-'
sings of liberty establish this constitu
tion for tho United States of America.' And
Article 1, section 1, provides that: 'All legis
lative powers herein granted shall be vested in
a congress,' etc., thus reserving all legislative
powers not 'herein' granted.
"And in Articlo 9 of tho Amendments, it is
expressly declared: 'Tho enumeration In tho
constitution of certain rights shall not bo con
strued to deny or disparage others retained by
tho people,' and tho 10th Amendment provides:
'Tho powers not delegated to tho United States
by tho constitution, nor prohibited by it to
tho states, aro reserved to the states respec
tively, or to tho people.'
"And in this constitution of Arizona tho
people reserve to themselves, from whom this
constitution flows, tho right of direct legislation,
direct nomination and direct recall.
"As a matter of reason, is it possible they
have tho right to delegate this power and yet
havo not tho right to reserve it or to exercise it
in case of need?
"But Arizona, if admitted at all, is admitted
to the union upon the same footing as other
states of the union. Shall Arizona bo denied
admission because of the initiative and referen
dum; denied entering tho union upon an equal
footing with tho other states, and yet at the
same time we find Oklahoma admitted to tho
union with the initiative and referendum; at
the same time with Missouri, and Arkansas, and
Montana, and Nevada, and South Dakota, and
Oregon, and Maine; all have the initiative and
referendum, and fully recognized by congress and
by tho executive and judicial branches as free
and equal states of tho union.
"And in California, and in Washington, and
in Colorado, and in Wisconsin, arid in Nebraska,
tho initiative and referendum is an assured
certainty. Both parties aro committed to it, in
a number of other states North Dakota,
Kansas, Idaho and Illinois. Tho democratic
party of Ohio and Indiana are committed to it.
The governor of Michigan recommends It. Tho
governor of Massachusetts was elected on this
issue, and It Is a reasonable certainty from the
Atlantic to the Pacific, in all of the states of
the union.
"I refused, on the floor of the senate, to
permit Arizona to be rebuked on account of
her progressive constitution, and I was
ashamed of New Mexico with her retrogressive
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