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The Commoner.
SEPTEMBER 2, 1910
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referendum has been Instrumental in giving the
people of this state more wise and progressive
legislation than they would have secured under
the representative system only. I consider the
initiative and referendum a safe and practicable
method of enacting legislation, and will further
add that I think it has come to stay. It is truly
a question of time when every state in tho
union will incorporate it in somo form into
their fundamental laws." Judge McBrido says:
"It has certainly proved a check on legislative
extravagances and has to a great extent pre
vented legislation in tho interests of large trans
portation corporations which was unfortunately
too prevalent previous to the adoption of our
legislative amendment. Voters have usually dis
played unexpected discrimination in adopting
and rejecting laws proposed, and I am satisfied
that this method of legislation is a great edu
cator of tho ordinary citizen in tho duties and
responsibilities of citizenship. While several
laws lately passed by tho legislature have been
found ineffective and contrary to the consti
tution, more of those passed by direct legisla
tion have failed to stand tho test of constitu
tionality." Mr. Ben Gelling, one of Portland's
biggest business men, says: "Tho principal op
ponents to these measures are those who desire
political offices or business advantages which
they could not obtain from the people directly,
find it much easier to corrupt the legislators
than tho electorate. In former years bribery
was open and notorious in this city. Sinco wo
have reformed legislation, this has been almost
entirely dispensed with."
8. As our legal friends have offered all of the
above discussed objections to No. 10 without
the "joker" clause, they, of course, are opposed
to it with the "joker." If they had a better
understanding and appreciation of the argu
ment against the "joker" clause it would have
had more weight. As it Is, I am unqualifiedly
lor No. 10 without the "joker" clause and am
not convinced that men who misconstruo tho
whole measure are in tho mental attitude to
explain tho results of tho "joker" clause. I
do not believe that the words "each munici
pality, each county," were inserted to defeat
the purpose of the amendment, but with sin
core desire to give the principle of direct legis
lation effect In municipalities and counties inso
far as these subdivisions of the state have a
right to act Independently of tho whole state.
The wording may bo awkward, but it only illus
trates tho fact that even legislatures often fail
to express itself clearly. The people themselves
in drawing up a measure to submit for the
referendum would do better. It is a distinct
principle that the people of the state consti
tute the sovereign power. The legislature rep
resenting tho whole people may permit a munici
pality or a county to manage some of its own
affairs, but the large unit controls. The legis
lature, for example, permits a municipality to
have saloons, if the county will permit, but
not otherwise. Likewise, the county may have
saloons if there is no state-wide law forbidding.
But each unit of government exercises authority
subject to the higher units. It was clearly in
tended under No. 10 that In municipal affairs
the people of the municipality would have tho
right of initiative and referendum when the
people of the county or state had not forbidden,
but just as the Oregon supreme court has decid
ed that "laws proposed and enacted by the peo
ple under the initiative laws of the amendment
are subject to the same constitutional, limita
tions as other statutes and may be amended r
repealed by the legislature at will," ,so our
supreme court, taking a common sense view
and trying to give reasonable effect to tho
1rhole of No. 10, would hold that any law
passed by tho legislature for the whole state,
or any law passed by the people of the whole
state would supercede any law passed merely
ny the people of any municipality or county.
When the real principle of the amendment Is
understood, there is no serious jjifficulty in con
struing It.
9. These wise lawyers gravely assure us that,
If we will defeat amendment No. 10, "in Jan
uary, 1911, a proper and well-drawn measure,
guarded in its own limitations and preserving
the limitations of our constitution, can and will
fco prepared for submission." I object to wail
lng, because with their, ideas of the initiative
and referendum their amendment would be so
guarded that the real principle of direct legis
lation would be destroyed. Then corporate
luid whisky Interests would probably defeat the
submission of any amendment that embodied
the real principle. If a legislature has not
keen able to frame a satisfactory amendment,
let us adopt what is before us so that wo may
have the further opportunity to amend It our
selves. When tho constitutional convention presided
ovor by tho illustrious patriot, Gcorgo Washing
ton, submitted tho constitution to tho peoplo
of tho several states, it was found to bo de
fective in soveral Important particulars. Its
friends urged its adoption and promised that
amendments would bo submitted to euro theao
defects. Tho constitution wan ratiflod and tho
amendments woro duly submitted and adopted.
So tho friends of this amondment plead for its
adoption and promise that tho amendment itsolf
shall bo used to correct any defects that may
actually appear. If tho legislature and tho
democratic convention approved, I am In favor
of giving tho people a chance to decido. Oregon,
Oklahoma, Missouri, Maino and other states
have tried the principle. Wherever triod It has
proved efficient. Lot Arkansas demonstrate
that her peoplo bollovo In and can successfully
maintain tho true principle of popular govern
ment. Our constitution is good, but tho people,
who adopted it, aro just as capablo of amending
it. Remember that tho prlnciplo of direct legis
lation to bo of any value must give a small per
cent of tho peoplo, the power to raise any ques
tion and hold up objectionable laws and then
let tho majority of those who vote on it settlo
It. This enables tho weak, tho minority, to
settle them. The legislature still has the right
to pass any lows, but will bo more careful,
when its acts may bo hold up. It will remove
the incentive to bribery and graft, because tho
act passed by bribery or fraud will almost cer
tainly be killed by the peoplo. One of tho great
est advantages Is that, whllo voting for a repre
sentative the cltlzon may vote for ono who will
betray his trust or may on new and unexpected
measures opposo the wishes of his constituency,
the Initiative gives opportunity to settle all of
these questions on tho merits, and will largely
eliminate tho personal element in politics. In
other words, It gives tho voter the opportunity to
vote directly on each measuro without regard
to the merits of men or other measures. This,
of course, assumes intelligence and Interest
among the voters. I am of tho common people.
I know tho peoplo of Arkansas, and I am willing
to trust them. They may bo deceived. So aro
legislators. They will discover their mistakes
and correct them. For twenty years I havo
studied tho initiative and referendum as It Is
found In Switzerland, land of liberty and law,
and in modified form In our own country, and
I hall with joy the growth of the spirit which
stands for the Initiative and referendum.
These good lawyers have made the strongest
argument possible against amendment No. 10,
but their logic will not bear tho test. They aro
friends of tho principle, therefore, thoy will sup
port the amendment when they see that it em
bodies the correct principle, and can not be de
feated without jeopardizing tho progress of pop
ular government. As a patriotic citizen I owe
It as a duty to defend what I believe to be right,
and I call upon other patriots to rally to amend-
ment No. 10.
Tell It-to Gay nor
THE WORKER'S PRAYER
A prayer as earnest but ultra modern In tone
Is this thoughtful paraphrase, written by a
clever and high-hearted woman, of that beloved
old nursery classic, "Now I lay mo down to
sleep."
"Now I walce me up to work;
I pray the Lord I may not shirk;
If I should die before tho night,
I pray the Lord my work's all right!"
Here aro two other rhyming prayers, also
ultra modern, which breathe the yearning of
an eager soul toward tho work that to so many
spells ateo highest pleasure, and in behalf of a
cherished friend:
"God of the workers, hear my cry,
Nor leave unanswered long:
Grant me the strength to do or die,
To keep my spirit strong;
Let no falsa notes of wrong or shamo
Debase my Ideals high,
But let "me earn a stainless name
As worklrig days go by.
"With those who pass mo on tho road
May I, unfeigned, rejoice;
To those who sink beneath their load
Glvo help with hand and voice;
From littleness of thought and deed
Keep thou my conscience clear,
And let me alight no smallest need
God of the workers, hear!
Ethel Colson In Northwestern Christian
Advocate.
Sidney Held in The (N. Y.) Independent
Tho following article was received only a few
days boforo tho attempted assassination of
Mayor Gaynor. It gives a picturesque vlow of
tho personality of tho man whose fight for lifo
has tho sympathy of tho ontiro country. Editor
Tho Independent:
If a wrong Is found anywhoro In tho city of
New York In those days tho finder knows oxact-
ly what to do or oIbo his neighbors Inform
him: "Toll It to Gaynor!" Thoy havo porfoct
confldonco that tho mayor will know and do
tho right thing. And this fooling is not con
fined to democrats who voted for Gaynor; re-,
publicans have It also, so havo labor inon, social-
lsts, Independents.
Tho city thought so well of Gaynor last No
vember that ho was elected by a plurality of
73,074 votes when all his running mates on
tho Tammany ticket woro defeated. And slnco
then ho has been stoadlly turning enemies into
friends. Theso watched his courso In oiBco at
first with cynicism, then astonishment, then
hope, and, lastly, affection and admiration.
Tho great newspapers and magazines that op
posed his candidacy aro among his best friends
now, and it Is very gratifying and amusing to
thoso who have known nnd loved him for thirty
years to find thems'olves pushed asldo by now
comers, who want to monopolize him. An orai
nont veteran republican of International reputa
tion said enthusiastically the other day:
"Gaynor is tho best mayor that Now York
ever had."
A well-known democrat went furthor, de
claring: "Gaynor has done moro good for tho city in
six months than all tho mayors who preceded
him during their entiro terms."
Ho is known to bo everybody's mayor now.
Tho humblest and most Ignorant feels that he
has a friend in tho mayor's office who la inter
ested in him and will protect his rights and do
him justice. So if there is any wrong anywhero
in Now York now citizens "toll it to Gaynor!"
and then rest easy in tho confidence that the
remedy will be prompt and adequate.
For the first time in tho history of tho city
tho mayor overlooks all complaints. Thcro are
about 100 of theso each morning, and his honor's
first task after reaching his desk is to examino
them. They aTe entered in a book with dates
and then sent to department heads for Investi
gation and action. Department heads must
promptly report their action to tho mayor. If
they fall they aro poked up moro or less gently.
Tho system works easily and automatically, and
nothing really wrong Is too trivial for attention.
If a Whlto Wing spills ashes on a street he
knows that tho mayor of New York will be
fully Informed of tho circumstance next morn
ing and will lose somo part of the good opinion
which ho has for White Wings generally.
Here are somo of tho good things that Mayor
Gaynor has dono for tho city slnco January 1,
1910:
1 Set an example of conscientious diligence
in city employment by working strenuously nine
or ten hours a day often till seven o'clock in
tho evenings with only fifteen minutes for
lunch.
2 Established an eight-hour day for city
employes and officials and Insisted that these
earn their salaries by hard and useful work.
3 Bundled hundreds of Incompetents and
sinecurlsts out of tho public offices, decreeing
that such places must be filled by men of merit
and ability.
4 By means of his new bureau of weights
and measures disclosed and put an end to what
seems to have been a universal system of cheat
ing employed by grocers, butchers, bakers, Ash
men, etc., under the title of "Custom of Trade."
5 Broke tho Influence of politicians over
police, stopped police clubbings, Illegal arrests,
illegal breaking into citizens' houses. Put an
end to "mugging" (photographing) of uncon
victed prisoners for tho Rogues' gallery. Broke
up tho old vicious "system" and sent wardmen
and favored policemen back to patrol duty.
6 Broke connection between pollco and
liquor dealers, ending colossal graft that police
collected for allowing violations of the excise
law. Enforced tho state exclso law as it is
written.
7 Dismissed old City Record board and ap
pointed a new one, uncovering and ending graft
and waste of over $300,000 a year. Cut num-
4
E
81!
V)