The commoner. (Lincoln, Neb.) 1901-1923, May 21, 1909, Page 2, Image 2
, v - v -ffWTwK -x-rjHtytmrr Jr. t 2 The Commoner. twoi "t- &: ' 9t E H ". ifc . k ' h ' : V i UCATIONAL SERIES Governors for Direct Legislation From Dr. Taylor's Equity Scries: Stato legislators and politicians who arc anx ious to stand well with tho people will make no mistake, in reading tho signs of the times to day, if they concludo that the man who opposes tho initiativo and tho referendum is inviting political decline if not political death. Good ovidenco of this is tho fact that the governors of states in which tho reforms have been broached are rapidly falling in lino as outspoken advocates of them. Hero are quotations that toll tho story and present some strong argu ments besides: Governor Joseph W. Folk, of Missouri, in his messago to tho legislature, January, 1909: "At tho last general assembly an amendment to tho constitution providing for tho initiative and referendum was submitted to the people and was adopted at the rccont election. I urged tho submission of this amendment because I bolioved that tho nearer tho government can be brought to the people the better and purer that government will bo. By this system eight per cent of tho voters of two-thirds of the congres sional districts of the state can, by petition, pro pose legislation to be voted upon at the next election, which, when adopted by a majority of the voters, bocomos the law of tho state. The same number of. voters can likewise require that a measure .enacted by tho general assembly bo submitted to the voters of the state at the next oloction for approval or disapproval. While this seems radical, it is merely a power re tained by tho people which will, I believe, be exercised at rare intervals and on important measures. Tho fact that tho people have such a power reserved will do much to pnd corrup tion in the legislature permanently, for there would be little use to bribe a legislature to dofeat a measure if the people have the right to enact that measure over the head of the legis- lature. So it would bo futile to bribe a legislature to pass a bill when the people have the power to veto the measure. ' As a means of enacting all laws tho initiative would be too cumbersome. But as a check upon legislation, in my opinion, the initiative and referendum will prove very effective. The initiative and referendum do not destroy the character of representative govern ment, but are merely the power the people re servo over their representatives in order that the government their representatives give be repre sentative of the people in fact as well as in name. I believo the people' of the large cities of the stato should bo given the referendum as to all ordinances enacted by the municipal assemblies of such cities." Governor John A. Johnson, of Minnesota1, in nts inaugural mossage, January, 1909: "I desire to renew the recommendation made by mo to the last legislature in the matter of the enactment of a law covering what is generally known as the advisory initiative and referen dum, which would permit tho people of the state, county, city, village, or town to express their views upon quostions affecting their or ganization. This principle is fast gaining ground upon tho theory that tho duly elected officers of tho people are after all but the servants of the people, and that the people ought to have tho right to express their views with the hope that the public servant might in some measure at least be guided by those views. This principle is but a stop further than the right of petition, and is not binding upon the officers. The enact ment of a law providing for the advisory initia tive and referendum can be accomplished with out constitutional amendment, and I firmly be lieve that such legislation is desirable. In my last, message I stated that there was no good and valid reason against a submission to the 5S?Mi0f ? PrPsed constitutional amendment providing for the direct (i. e., mandatory) ini tiative and referendum. This would give the people of the state as a whole tho right to de c are whether or not they believed in the prin ciple; but whether or not you would care tn go so far in this direction, I am certaiS that there could be no objection to a plan providing for an advisory initiative and referendum " ' Hon. John P. Shafroth, of Colorado, the re cently elected democratic governor, in his in augural address, January, 1909: "In the platform upon which we were elected is a demand for the initiative and referendum as to legislation, by which the, people can com pel legislation to be submitted to a popular vote. Under the provisions of the present constitution of this stato the legislative power is vefsted in the general assembly, and no right exists to delegate tho same. "I therefore recommend that an act be passed, submitting to the voters an amendment to the constitution permitting tho Initiative and refer endum as to legislation by the people. Such a constitutional amendment has been adopted by South Dakota, Oregon, Nevada, Oklahoma, Mon tana, Maine, and Missouri, and in modified form by many other states of the union. "This character of legislation, under such a constitutional amendment, has been tried with most excellent results. As the people, under such laws, become the real legislators of many measures, it puts a stop to the attempt to im properly influence members of the legislature as to acts in which the public are vitally inter ested. It also tends to make legislators more careful of their votes, because of the apprehen sion that their work might be annulled by pop ular expression." Governor Dawson, of West Virginia, in his annual message of January 13, 1909, spoke of the "overwhelming public sentiment in this stato which demands that the people be allowed to choose their political party nominees from United States senator to constable." And he added: "Half-way measures will not suffice. The people are in no humor to be trifled with. The day of the initiative and referendum is already here; we may retard the time of its full effect, but our efforts will be in vain long to postpone the operation of the program that the people have made up theirminds to carry out with reference to their government. He is a poor observer of the signs of the times who does not see that the people propose to take larger action in the initiation of policies, to concentrate power and responsibilities policies for the people, methods to the officers in short, to have effi cient government." Acting Governor Denver S. DIckerson, of Ne vada, in his message to the legislature, January 19, 1909: "Provision has already been made in our state for the reference of laws enacted by the legislature to the voters for their rejection or approval (the referendum), and it has given general satisfaction. "Closely identified with this law is that of the initiative in legislation, whereby the elec tors, without the intervention of the legislature,' may enact into law such measures as they deem beneficial and necessary. "The advisability of amending tho constitu tion sp as to provide for the initiative in legis lation is commended to the favorable considera tion of the legislature." Hon. Joseph K. Toole, democratic governor of Montana from 1900 to 1909, who helped to establish the initiative and referendum in that state, in one of his annual messages to the legislature: "I know of nothing more in accord with the genius and spirit of American institutions than what is popularly known as direct legislation. It had its birth in Switzerland. It is the very essence of government by the people. It fosters and encourages the formation and exercise of deliberate and independent judgment upon the part of the voter, instead of a per functory, blind following of disloyal, dissem bling, and designing leaders. "It is the sure defense of the people against misrule and oppression. bamsi "It is tho beacon light of safety when public .; MVMr our reuse fiJ , thf fi?re weaPn wh which to put to fhSm 6 rIber a.nd the lobl)ytet, and drive them, like Hagar, to the wilderness. It is a guarantee against the universalis in every state in the union. "egree It is already applied to matters whnh w' consider the highest concern of the cittern such as the removal of state capitals and county VOLUME 9 NUMBER 19, seats; the issue of state, county, and municipal bonds; the adoption of city charters, local op tion, municipal ownership of public utilities, "Manifestly, the truth is, if tho people are fit to delegate power, they are fit to exercise power primarily. "If such a change is made in our fundamental law as will permit the people at the ballot box to approve or reject certain legislation, those having private interests to serve will not in fest these chambers or obstruct the public business. Moreover, the legislature and execu tive will exercise more care as to the nature of the measures passed and approved if tho voters have tho power to demand that their voices be heard at the ballot box directly upon these measures. "I accordingly recommend the submission of a constitutional amendment, providing for direct legislation, in substance and form like the Ore gon amendment. "The professional lobbyist has, I regret to say, become one of the features of legislative assemblies. Do not understand me to suggest that the halls of legislation should be inacces sible to either the individual or the corpora tion. The lobbyist, however, who is for any thing or against anything for hire, whose mis sion is to promote one measure or defeat an other, who haunts the chambers of legislation and taints this -atmosphere with his corrupt de signs, who sends for members for interviews in the cloak room, who carries a tally sheet and watches for roll call, whd shadows the mem bers at their homes and hotels, injecting at all hours and at all places his poison into the public service, is a criminal, whose approach is an in sult, and to whom the doors of the capital should never swing inward. "The initiative and referendum would abolish both. "It is urged against the initiative and referen dum that if it were adopted, only a few of tho voters, comparatively, would vote on the ques tions submitted. I believe this would not bo true if the measures so submitted were placed on separate ballots, as already suggested. "One admirable feature of direct legislation is that it would often accomplish good results without being used. "Before concluding this subject I wish to disclaim in emphatic language any reflection or knowledge which would justify reflection upon the assembly or any member of it. I speak for the future a future pregnant with hope and fear. No man can tell what the unre strained modifications now going on In the world of finance, commerce, and transportation may bring forth, what riff-raff the ebb and flow of politics may drift into places of honor and public trust. Against these contingencies, it seems prudent to prepare, while we may, for a system which will put into the possession of the people the constitutional machinery by which eight per cent of the voters can resurrect a good measure which has been summarily pigeon holed, and by which five per cent of the voters could stop the operation of a bad law until a sovereign people can pads upon it at the ballot box. This, in my opinion, would be' an effective check on the killing of good bills and the pas sage of bad ones. "Direct legislation has been in operation in South Dakota' several years, yet it has never been appealed to; a fact urged against the meas ure, but, in reality a strong argument in its favor. "It remains, just the same, a 'flaming sword' in the hands of the people, constantly remind ing the unscrupulous lobby and the designing boss that there is a reserve power which, when the occasion demands, can and will be brought into requisition." Hon. Charles N. Herreid, while governor of South Dakota: "Since the referendum has been a part of our constitution, we have had no chartermongers or railroad speculators, no wildcat schemes sub mitted to our legislatures. Formerly our timo was occupied by speculative schemes of one kind and another, but since the referendum has been a part of our constitution, these people do not press their schemes on the legislature, and nence there is no necessity for having recourse to the referendum." Governor Coo I. Crawford, of South Dakota, a republican, and now a member of the United States senate: "This provision works wolj in South Dakota and meets with the approval of a great majority Vr. pePle including the most thoughtful and Intelligent. About one-third of our popu lation is foreign-born, but, as a rule, our foreign dtayEftaLfeMtttiuai j.. ., .r-. ... . .... 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