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The Commoner.
MAHCH 1, 1910
5
ehould bo effective only after they had been
approved by an absolute majority of the citi
zens. The national constitution of 1848 was
itself subjected to "'a vote of the people and over
since the same procedure has been followed In'
nil proposed changes.
This democratic movement of the thirties and
forties, which resulted in the adoption of the
constitutional referendum opened the way, at
the same time, for the law referendum and law
initiative and both have gradually developed up
to their present state. In this respect Switzer
land has surpassed the United States. At the
present time the referendum is compulsory for
changes in the national constitution and optional
for statute laws. The initiative is optional for
a general or partial rovision of the constitution
and can be revoked by the request of 50,000
citizens, but it takes 30,000 citizens only to
protest against any new law and have it sub
mitted to a. referendum vote. The law initiative
is not used in national affairs, but -all progres
sive parties are striving to attain it. In the
cantons, as before seated, the initiative and
referendum are compulsory for constitutional
changes, but matters of statute laws or the ex
penditures of largo sums of money are in some
cantons subject to a compulsory vote and In
others to an optional referendum. Nearly all
the cantons have the law initiative. The number
of signatures required to invoke an optional ref
erendum or initiative varies in the different
cantons with the population. In canton Zurich,
with a population of 450,000, it requires 5,000
signatures. In Bern, population 600,000 12, 000
signatures are necessary. In canton St. Gall,
with 250,000 inhabitants, 4,000 citizens must
sign. In Vaud, 6,000 are necessary out of a
population of 290,000.
During the last few decades a goodly number
of cities and villages have adopted the referen
dum, but this can not be called a new democratic
acquisition, as the citizens of these communities
had already been accustomed to meet and ex
press their will in a popular assembly at, for
instance, the school house or church. After the
installation of the referendum they could vote -in
different parts of the city. For example, the
city of Zurich, with 180,000 inhabitants, has a
compulsory referendum at which the people pass
upon all resolutions of the great city council
involving -an expenditure of money for any ob
ject, either exceeding 20,000 francs annually or
a single appropriation of 200,000 francs and up
ward. Likewise a referendum vote must be
taken on any matter affecting the local govern
ment whenever asked by thirty members of the
great council or by 2,000 citizens. Somewhat
similar to this Is the municipal referendum of
Bern (population 75,000), but hero only 500
signatures are necessary to take the initiative.
And now arises the question: Why did the
Swiss people become dissatisfied with the purely
representative system of government and com
bine with it direct legislation, thus limiting the
power of the former? One might feel inclined
to answer that no form of government is per
petual; that in the course of time new forms
will supplant old ones; that all people known
to history have an inner impulse to steadily en
large their conceptions of liberty; and that the
masses always strive to gain material benefits
and realize higher things In life which the classes
always strive to withhold from them. But I
wish to reply more definitely by citing two in
stances from Swiss history.
The referendum made its entre to the Swiss
cantons when the people rose to destroy the
aristocratic system of government which sought
to entrench itself under the protection of the
Holy Alliance (Jefferson called It the Infernal
Alliance). The July revolution of Paris was
another mighty factor, and this democratic wave
swallowed up the last remnant of the ancient
regime which had been artificially kept alive.
The people demanded, and secured a free press,
right of assembly, larger election privileges, pub
licity of the budget, control of the state finances,
better educational facilities, and industrial lib
erty. Then, in order to keep what they had
gained and render the future secure, the people
declared themselves masters in all constitutional
and, in some cantons, of all law questions.
Later on another kind of aristocracy threat
ened to form. In the fifties and sixties of the
last century, Switzerland made great industrial
progress and, in proportion with this grew the
power of the greatBtock companies, or corpora
tions, which built railroads, organized banks,
and so on. This affected the government, be
cause many of the legislators or other state
officials were at the same time directors In these
corporations. In their former capacity they
granted concessions to the banks and railroads,
and In their latter capacity they shared the bene
fits .of such privileges. In the Canton of Zurich
this state of affairs was called "the system,"
meaning by this a systematic Intermixturo of
state and private interests in which the credit,
money, and railroad powers formed a "coterie
behind the curtain" which ruled the canton. De
liverance from this condition was seen to Ho in
government by the people through direct legisla
tion, and In 1869 Zurich Introduced the Initia
tive and referendum in complete form. A new
administration was elected, and this was fol
lowed by the enactment of a number of socialistic-political
measures curbing the power of the
capitalists and relieving the burdens of tho
masses. With the same purpose in view and
from the same causes, a number of cantons fol
lowed the example of Zurich. Of course theso
stock companies of Switzerland had not tho im
mense power of the American trusts, but was
it not the wlso thing to stop their aggressiveness
and oppression by the rule of the people? Tho
primary causo of tho referendum (I sometimes
use the word Inclusively) is herewith, I believe,
plainly stated. A detailed account of tho results
of Its use may now follow.
Naturally it is impossible to mention all of
the local cantonal, and national referendum vot
ings which have taken place during the past
eighty years. Quality rather than quantity must
obtain and I shall select some especially signifi
cant and more recent examples, believing tho
reader will be more interested in them.
To begin with, the referendum acts as a lever
to economic emancipation and reform. One of
the first accomplishments of the law referendum
was the factory act of 1877, containing a great
number of provisions for the protection of working-men
and establishing a "normal work day"
for factories. A hot fight was waged and it
passed by a small majority, but after its enact
ment it could not have been repealed and' no
effort has ever been made to do so. Three years
later, in 1880, a paper currency measure was
passed by 50,000 voters taking tho initiative.
This bill gave a monopoly of issue to the govern
ment by abolishing the currency bill systems of
the private banks, and secured the profits to the
government. It was Intended at tho same time
to establish a state bank, owned and controlled
by the government, but the authorities had
scruples as to its constitutionality and It was
defeated by a coalition of the party in power and
tho private banks. The defeat was, however,
only temporary. The act authorizing the gov
ernment to issue currency bills, which had been
lauded as a "cure-all" against a monopoly by
tho government, was shown to bo inadequate,
and in 1891 the government itself submitted an
act placing the issue of paper currency wholly
in its own hands, and a large majority answered
in the affirmative at the. voting.
The adoption of the factory act and the agita
tion for this currency law cut the way for social
progress and opened large perspectives in other
directions. It was followed by the adoption of
employers' liability acts; of laws creating holi
days for post, telegraph and railroad workers;
and others strengthening the relief funds of the
railroad employes. The way was opened for the
creation of the international labor bureau In
Basel by negotiations with foreign governments,
and an appropriation by the Swiss government.
The Swiss National bank, though not entirely
a governmental Institution, and the exclusive
issue of paper money by the nation, are today
accomplished facts. Other results of the refer
endum are the alcohol monopoly and the pur
chase of the railroads by the nation. A revenue
of, say 6,000,000 francs ($1,200,000) is realized
from the alcohol monopoly, which is distributed
among the cantons. This proves that this mon
opoly was fiscal in Its nature, but it prevented
another form of taxation, inasmuch as the can
tons would have suffered loss of revenue by pro
hibiting private companies from manufacturing
spirits. From a sanitary point of view the alco
hol monopoly abolished a serious nuisance by
putting out of business about 1,400 small dis
tilleries. Its benefits still continue, since ten
per cent of the profits each year are given to
societies which are combatting alcoholism.
When the railroads were first built there was
a party which insisted that the government do
it, but the federal congress favored private own
ership, the canton Bern being the only one to
secure a prominent system by the appropriation
of considerable sums of money. In 1883, the
franchises granted the private companies could
have been revoked, but the federal congress re
fused to buy the roads, and in 1891 the Swiss
people refused by a referendum vote to authorize
the purchase of the Central railway, one of the
most important in Switzerland, believing that
tho proposed price would be exorbitant. But In
1898 sentiment had matured to such a point that
by a vote of 386,000 to 182,000 tho pooplo se
cured tho proporty of all the systems, represent
ing a value of one milliard francs ($200,000,
000) and which now form tho Swiss Foderal
Railroad system.
As an epilogue to theso acquisitions in tho
field of social reform may bo mentioned tho re
cent amendment to tho national constitution
regulating tho "water rights" on rivers and
streams. When Industry began to press electri
city Into service, only tho cantons of St. Gall
and .Tessin granted franchises of short duration
to build plants. Tho federal government neg
lected tho matter, and not until tho peoplo took
tho Initlatlvo did tho. government submit an
amendment, not to nationalize, but to establish
a uniform system of statutes regulating tho
transmission and generation of electrical power.
Tho peoplo ratified this proposal at a referen
dum vote.
In Zurich tho revision of tho constitution
aimed at tho "system" was followed by tho
creation of a stato bank, a progressive propqrty
and lncomo tax, and a reduction of tho prlco
of salt. Other cantons followed with state banks
mainly for the purpose of Improving credit fa
cilities for tho' farmers. They also enacted pro
gressive taxation laws. Tho Landsgomeindo of
Glarus established by statuto a factory law, with
a normal working day, long before tho federal
government had such a law.
By means of the Initiative and referendum tho
cities Introduced timely reforms. Bern reduced
tho price of gas; Zurich purchased the street
railways and enlarged tho system; tho city also
purchased for 940,000 francs ($188,000) fifty
four acres of land, erecting thereon houses for
worklngmen; the city also voted 10,000,000
francs ($2,000,000) to build an electric power
plant and in addition pledged tho city's credit
for the enlargement of the municipal gas plant
and for the erection of a people's temple with a
non-alcoholic restaurant, reading and bath
rooms.
While discussing economic Issues, lot me add
a' word concerning tho tariff and tho commercial
treaties. The Swiss people may vote on tho
tariff, but commercial treaties are made by tho
government direct. Recently tho peoplo have
assumed a different attitude toward the tariff.
As tho country has large export industries, tho
under-lying feeling Is still for free trade, but
since adjoining countries have adopted a protec
tive system, tho necessity seemed to ariso for
Switzerland to do likewise, at least In self-defense.
This explains tho vote of 332,000 for and
225,000 against tho law of 1903 raising tho
tariff duties.
Referring now to laws relating to personal
liberty, the privileges and duties of the citizens,
It is to be noted that a lively battle was occa
sioned in 1875 when civil marriage was mado
compulsory by a federal statuto. Tho majority
in Its favor was small but It has never been at
tacked. Consecration of marriages by tho
church was not forbidden, but protection was
given to thoso who would not undergo a church
ceremony. The law is therefore tolerant to all.
Nearly. all the cantons have introduced the elec
tion of their executives direct, and several have
proportional representation. In tho national
government these two proposals have not been
accepted, an initiative measure proposing to
elect the executive cabinet directly by the people,
and the federal congress by tho proportional
representation system, having been rejected by
the people, although the favorable voto was
large.' The compulsory military law was, In
1907, the subject of a referendum vote. At
former elections this had been defeated, the
people not liking Its bureaucratic provisions.
But this time tho people Imposed on themselves
a considerable burden by extending tho time of
military service. It was done, however, with
out incurring "militarism;" tho only object be
ing to perfect the system for national defense.
The fact that the bill changed the time for mili
tary service to the younger years of life made
friends for it.
' Large sums are spent on the public schools
In Switzerland. The federal constitution makes
attendance compulsory and free. Some cantons
have exceeded this by making the higher schools
f,ree and f urnishing also text books and writing
material. Thus the "land of tho referendum"
Is not opposed to education, and although the
taxpayers are slow to raise teachers' salaries at
times, they always eventually do so. The more
progressive cantons have never' failed to make
large appropriations for education, but there are
deficiencies In some of the poorer mountain
cantons. To overcome this the federation in
1902 proposed an amendment to the constitution
enabling the government to assist the cantons
by appropriations. It was accepted by a large
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