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The Commoner.
1RUABY IX, !
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police affairs. The other theory is that
llect representatives to legislate in obedience
our wishes, to the end that the people shall
lie themselves. Each theory has found sup-
rt in the thought and practice of the people
f the United States. In the beginning state
mstitutions were short, being usually merely
statement of the bill of rights and accepted
mstitutional principles. Legislative authority
ius but slightly checked became aggressive.
Jndeavoring to hold the activities of their rep
resentatives within proper bounds, the people
amended the state constitutions, and quite gen-
sraiiy called conventions to draft new constitu-
lons. This practice was repeated until these
litate charters have grown from 1,000 or 1,500
rords to the latest that of Oklahoma which
about 60,000 words in length. This whole
procedure is evidence of the persistency with
rwhich the people struggle for genuine self-go v-
jrnment. For more than one hundred' years.
ley have struggled to bring their legislatures
Into subjection. The means adopted has been
fa large increase of constitutional limitations.
But in addition an increasing number of mat
ters have been made to depend directly on the
DOlitical action of. tho nfinnla tliflmRplvp. Tn
most states constitutional provisions "are re
ferred to popular vote. In many the people
Ivote directly on loaning public credit, expendi-
iture of money, city charters, granting franchises,
methods and rates of taxation, subdivision of
rcounties, organization of townships, highway
control, public aid to private enterprise, Sunday
closing, local option, civil service, direct pri
maries, and many other matters.
Direct legislation is the principle underlying
this latter movement. It is in fact, safe guard
ing liberty by means of live men, rather than by
Head forms.
REPRESENTATIVE GOVERNMENT NOT A
FAILURE
ft We are supposed to possess popular self-gov
ernment. But in fact the hindrances to Its
realization are so many as to cause a consid
erable percentage of our voters to despair.
Capable, men, who are earnest in their studies
r and in, their efforts to Improve existing condi
tions, are heard to declare that representative
k government has proved a' failure. That these
imen are hasty is no doubt true; but, on the
other hand, the evidence of seemingly almost
fatal defects in our governmental machinery
i Is overwhelming.
wny was it necessary to oattie so many years
in order to secure the interstate commerce com
mission? Was it not because the people had
no means by which they could directly express
themselves on that one question? The people
must express themselves through representa
tives, and these have many duties, to engage
their attention.
The resulting situation is that the representa-
iy tives are not under positive command to do
any one particular thing are not even certain
as to the desires of their constituencies. These
f conditions inevitably give to political machines
a controlling power, that, among a truly self-
governing people, should reside with the voters
alone. We have no reason whatever to despair
of popular self-government until It shall first
1 have had full and adequate trial under the most
favorable circumstances, or In conditions giving
the people every opportunity, when in their
; governmental action.
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fright. Its defects are wholly in the details of
administration. These are not of uncertain or
indefinite character, but easily perceived, and as
Easily understood. So long as city or state legis
lative bodies may grant a privilege in highways
k commonly known as a right-of-way and the
Lcourta continue to declare such grant to be a
fcontract, thus placing it beyond the . reach of
sovereign states, the people are helpless. Unless
we secure possession of the machinery for direct
legislation.
Why should any man who believes in popular-
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ifoou-buiojuiucuu ucoibuiu iu vtt"U mo JU, w
i review legislative action. Does he not know
what he desires the legislature or the city coun
cil to do? If he does not, why does he vote?
Let us then recognize the very evident fact
that the machinery originally Installed for the
U realization of popular self-government is in some
U respects insufficient for. the intended purpose.
Let us observe mat this insufficiency has been
fully overcome by the commonly known and
plainly correct methods of customary parlia
mentary law.
Having arrived at a clear knowledge of the
p simple remedy for the difficulty, let us demand
that it be applied and at once. We demand
we the initiative, that we may carry our will into
effect when legislative bodies fall or refuse to
act. Wo demand tho referendum, that wo may
resist legislative action when contrary to the
popular will.
In other words, we demand tho continuance
of representative government with optional
direct legislation. We want representative gov
ernment as a mere mattor of convenience
but demand direct legislation as our natural
and inalienable right.
THE MISSOURI LAW
At the recent election the people of Missouri
adopted the initiative and referendum by in
sorting the following clause in thejr constitution:
"The legislative authority of tho state shall
be vested in a legislative assembly, consisting
of a senate and house of representatives, but
the people reserve to themselves power to pro
pose, laws and amendments to the constitution,
and to enact or reject the same at the polls,
Independent of tho legislative assembly, and
also reserve power at their own option to ap
prove or reject at the polls any act of the legis
lative assembly.
- The first power reserved l)y the people is the
Initiative, and not more than eight per cent of
the legal voters in each of at least two-thirds
of the congressional districts in tho state shall
be required to propose any measure by such
petition, and every Buch petition shall include
the full text of the measure so proposed. In
itiative petitions shall be filed with the secretary
of state not less than four months before the
election at which they are to be voted uponr
"The second power is the referendum, and it
may be ordered (except as to laws necessary
for the immediate preservation of the public
peace, health, or safety, and laws making ap
propriations for tho current expenses of tho state
government, for the maintenance of the state
institutions and for the support of the public
schools) either by the petition signed by five
per cent of tho legal voters in each of at least
two-thirds of the congressional districts in the
state, or by tho legislative assembly, as other
bills are enacted. Referendum petitions shall
be filed with the secretary of state not more
than ninety days after the final adjournment of
the session of the legislative assembly which
passed tho bill on which the referendum is de
manded. "The veto power of tho governor shall not
extend to measures referred to the people. J
"All elections on measures referred to the
people of the state shall be had at the biennial
regular general elections, except when the legis
lative assembly shall order a special election.
"Any measure referred to the people shall
take effect and become the law when It Is ap
proved by a majority of the votes cast thereon,
and not otherwise. The style of all bills shall
be: 'Be it enacted by the people of the state
of Missouri.'
"This section shall not be construed to de
prive any member of the legislative assembly
of the right to introduce any measure.
"The whole number of votes cast for Justice
of the supreme court at the regular election
last preceding the filing of any petition for the
initiative, or for the referendum, shall be the
basis on which the number of legal voters neces
sary to sign such petition shall be counted.
Petitions and orders for tho initiative and for
the referendum shall be filed with the secre
tary of state, and in submitting the same to
the people he, and all other officers, shall be
guided by the general laws and the act sub
mitting this amendment, until legislation shall
be especially provided therefor."
Credit for the adoption of this measure is
due to the Missouri Federation of Labor, to the
Referendum League of Missouri, and especially
to the president of the league, Dr. William P.
Hill, without whose large financial assistance,
capable leadership, and untiring devotion to the
cause of Teal democracy,, the energetic campaign
carried forward in Missouri In behalf of the
foregoing constitutional amendment would have
been wholly impossible.
THE PEOPLE ACT WITH MODERATION
The acts of the people with the machinery of
direct legislation will compare very favorably
with the activities of legislatures, as is shown
by the following lists of measures adopted dur
ing the last three elections by the people of
Oregon: On June 3, 1902, the initiative and
referendum were added to the constitution of
the state of Oregon, by a favorable vote of
62,024 for and 5,608 In opposition. The total
vote for officers at the same election was 92,920.
Thus a trifle over 72 per cent of the total vote
was cast on the amendment.
In 1906 eleven laws were submitted to the
people. Tho voto on equal suffrago was over
84 per cent of tho total, and the measure was
lost by 36,902 to 47,075. This proposal carried
in ten counties and lost in twenty-three.
One proposal was to sell an old road to
tho state (under the popular cry of public own
ership), but an adverse voto of 44,527 to 31,525
defeated tho scheme.
An appropriation by tho legislature was hold
up by referendum potitlon, but tho pooplo sus
tained tho 'oglslaturo by a voto of 43,918 to
26,758.
An amendment of tho constitution to enlarge
tho scopo of the initiative and referendum was
adopted by 47,661 to 18,761. This carried in
every county, as did the six following measures:
A constitutional amendment giving cities and
towns power to enact and amend their charters,
subject to tho state constitution, adopted by a
voto of 52,567 to 19,852.
A constitutional amendment for tho inltlativo
and referendum on local, special and municipal
laws, by a voto of 47,678 to 16,735.
A constitutional amendment allowing tho state
printing and binding to bo regulated by law
by 63,749 to 9,571.
A law prohibiting free passes and discrimina
tion by railroad companies and other public
servico corporations, by 57,281 to 16,779.
An act requiring Bleeping car, refrigerator
car, and oil companies to pay an annual license
upon gross earnings, by 69,635 to 6,441.
An act requiring express, telegraph and tele
phone companies to pay an annual license upon
gross earnings, by 70,872 to 6,300.
On Juno 1, 1908, ninoteon proposals wore
submitted In Oregon. Four of these wore re
ferred to the people by the legislature; four
were ordered by referendum petition, and eleven
by initiative petition. Of the whole, seven woro -defeated
and twelve adopted.
The total voto cast at this election was 116,
614, Tho largest voto cast on any of tho nine
teen proposals was 95,528; tho smallest 70,726.
The four matters referred by the legislature
to tho people woro:
An amendment allowing state institutions to
be erected elsewhere than at tho seat of gov
ernment, adopted by 41,975 to 40,868.
An amendment changing time of holding elec
tion from first Monday in Juno to first Tuesday
after the first Monday in November, adopted by
65,728 to 18,590.
An amendment allowing increased compensa
tion to members of tho legislature, defeated by
68,892 to ly,691. ' '
Tho four matters ordered ny referendum peti
tions were:
An amendment to increase numbers of mem
bers of supremo court, defeated by 50,591 to
30,243.
An act giving sheriff tho right to feed pris
oners at a per diem rate adopted by 60,443 to
30,033.
An act requiring railroads and other common
carriers to furnish free transportation to cer
tain state and county officials, defeated by
59,406 to 28,856.
An act appropriating $25,000 annually for
four years for state armories, defeated by
54,848 to 33,507.
The eleven measures proposed by initiative
, petitions were: , ,
An act protecting salmon and sturgeon during
certain seasons and from traps, adopted by
46,582 to 40,720.
An act protecting salmon and sturgeon from
gill nets in parts of the Columbia river and
tributaries, adopted by 56,130 to 30,280.
An amendment permitting the "recall," after
six months in office, adopted by 58,381 to
31,002.
A law directing legislators to follow the pop
ular choice for United States senator, adopted
by 69,668 to 21,162.
An amendment permitting proportional rep
resentation, adopted by 48,868 to 34r,128.
A law against corrupt practices and limiting
election expenditures, adopted by 54,042 to
31,301.
A law preventing criminal trial save upon
grand jury indictment, adopted by 52,214 to
28,487.
A law creating the new county of Hood River,
adopted by 43,948 to 26,778.
An amendment to give equal suffrage defeated
by 58,670 to 36,858.
An amendment to allow towns to regulate
liquor trade, defeated by 52,346 to 39,442.
An amendment exempting certain forms of
property from taxation, defeated by 60,871 to
32,066. This measure was urged by the single
taxers. v
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