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The Commoner.
VOLUME 10, NUMBER 35
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The Referendum Campaign in Arkansas
Milttlo Rock,- Arkansas, Sopte'mbcr G. Ono of
ttio peculiar things about tlio situation in Ar
kansas is, that tho amendment was submitted
without any prolonged period of education by
a league, such ad lias been formed in other
states. As a rosult the pooplo of tho state wero
nob! well Informed upon tho question, and moBt
vital of all, thoy do not appreciate the opportunity-
they have, nor do they understand tho
poril of lotting the amendment go back to bo
tamperod with by the legislature, which may
bo under tho control of a thoroughly aroused
corporation lobby. The scare concerning tho
"Joker" has had considerable effect, and a good
many citizens aTo lllcoly to vote against it more
ly on tho grounds that it contains a defect, and
totalis oblivious of tho fact that it contains
tho most vital provision necessary to a direct
legislation amendment: viz., tho initiative on
constitutional amendments. It is to bo noted
that a good many of tho objectors who clairti
to bo red hot Bryan democrats and in favor of
tho initiative and referendum in statutes aro
"bitterly opposed to the initiative on constitution.
'Not being familiar with tho movement in
other states, it is difficult to get these conserva
tives, and especially the temperance people who
fear that tho little towns would bo ablo to defy
tho state constitution and vote in saloons, to
calmly ' consider tho general situation and tho
wisdom of adopting this amendment and making
any desired changes afterwards.
All tho old friends of the movoment, how
over, such as tho leaders of the Farmers' Union,
tho trades unions, tho old populists, socialists,
etc., are standing by the amendment, and
Governor Donaghey is doing everything in his
power to reassure the people and make our
victory complete.
I encloso copy of resolution passed by tho
Stato Farmers Union, on August 2, in their
Jonesboro convention, and this has a profound
effect in reassuring tho farmers and in holding
certain politicians in lino and in keeping the
mouths of others closed, who would liko to kill
the wholo movement. One of the tremendous
difficulties we have to meet is that the constitu
tion requires a majority of all votes cast in tho
election for the adoption of the amendment.
TIlo population of Arkansas is So scattered, there
are so many who do not take even their weekly
papers, that it is indeed very difficult to reach
thorn in an educational campaign, and these
voters aro likely to neglect the amendment en
tirely and so be counted against it. Some esti
mate that at least 60,000 voters will not vote
on the amendment. In the total probable vote
of 160,000, this would leave 110,000 voting on
the amendment, of which over 80,000 must vote
in favor to carry it. The strong underground
opposition will produce a surprising and large
adverse crowd. Unless tremendous offorts are
made before election the amendment is not
likely to carry, although there are political ob
servers who predict it will carry by a good. safe
majority. I am not so sanguine as they, how
ever. I wish to make a strong personal appeal to
the readers of The Commoner to go to the polls
Dn election day and solicit votes for the amend
ment. It is necessary that the voter be instruct
ed exactly how to vote upon the amendment
which is, in this state, by scratching out tho
words "Against Amendment No. 10," and allow
ing tho words "For Amendment No. 10" to
stand clear. A large number of votes are likely
to be lost because of incorrect marking and I
will furnish to all asking me, a copy of tho
governor's pamphlet with specific instructions
in this regard. The pamphlet is enclosed.- Tho
editors of the two leading Baptist papers of the
state have both fallen into tho trap set by the
corporation and liquor interests and are calling
upon their readers to defeat tho amendment on
tho ground that it is a liquor measure. I en
close one of the editorials and also some other
editorials which may bo suggestive to you.
,l(GEORGE JUDSON KING.
'1j'
WILL MAKE THE olTIZENS SUPREME-
Governor Georgo W. Donaghey says:
"I refer to amendment No. 10, providing for
direct legislation by means of the initiative and
referendum. I urge the adoption of this amend
ment because it makes the citizens supreme in
matters of legislation, establishes majority rule,
and makes all future legislatures servants of tho
people and not their masters. It gives tho peo
ple the right to order any law, or proposed law,
to a vote at the polls, and tho majority either
enacts or rejects. Just as they now vote on
amondments to tho constitution, the people can,
by this means, vote on statute laws whenever
they may choose to do so, or whenever the acts
of tho legislature meet with their disfavor.
"I believe that no man who will examine tho
facts concerning, tho workings of the referendum
in American states and cities (and he is rash
to set up judgment before he investigates these
facts), will doubt tho wisdom of its adoption
at this critical period of our history. The refer
endum has been tried and has won its case. Its
success has onco more demonstrated the truth
of the maxim that that government is best and
safest which is nearest tho people and most di
rectly under their control.
"The referendum will drive tho selflsn
schemer, tho corrupt briber, and midnight lobby
ist from the stato capitol, and inaugurate a new
era of political purity. It will enable the people
to back up tho efforts of their real representa
tives in legislative bodies, and give power to
their efforts to promote the common good. No
"ring" or "machine" can long endure when the
people have the referendum in hand.
"In short, it is genuine democracy, and I am
proud to say that the democratic party in Ar
kansas' stands solidly pledged to secure these
fundamental rights to our people. Every demo
crat, who is true to his party platform and
trusts tho people, will aid in adopting amende
ment No. 10. Our platform for the year 1908
contained this plank: 'Believing in the people's
right to rule, we favor the submission of an
amendment to the constitution providing for
the initiative and referendum in matters affect
ing the general interests of tho state.' "
STICK A PIN HERE
All citizens who are in favor of tho rule of
the people must rally to the support of this
amendment. Our danger lies in the fact that
we must get a majority of all votes cast in the
election, so that every, man who forgets to vote
for amendment No. 10 is counted against tit.
If you Relieve in this, reform, and want to "help '
it succeed stir up your' neighbors and get out
a full vote.
OREGON GREETS ARKANSAS
The Portland (Oregon) Journal publishes the
subjoined editorial on Arkansas and the pro
posed amendment No. 10 to be voted on at the
coming fall election in this state. In view of
the fact that Oregon has fully tested and is
well satisfied with the law proposed for Arkan
sas, the Journal's advice to voters of this state
is significant. The Journal says:
"The initiative and referendum' is pending
for adoption by the voters of Arkansas. . It is
a measure that if they reject now they will
adopt later. It reflects the evolution of en
lightened government and in due time will .find
a place in tho policy of most if not all of tho
states. It Is a cure for the evils and abuses of
representative legislation.
"The infidelity of the representative has been
so many times proven that it can no longer be
disputed. The 'Jack pot' legislation of Illinois
for which chosen representatives are now being
held amenable is not an Isolated instance. The
bribery charges in the New York legislature
and the conviction of Senate Leader Allds is
merely one of those that happened to be re
vealed. . Similar instances of legislative betrayal
that never came to light and that have happened
in many a legislature are a tale that once told,
would shock the country.
"There is no infidelity in the collective citizen
body. Its judgments are sound and its collec
tive honesty complete. It has a sober sense, ra
tional mental processes and its purposes are
exalted. The 'whole trend of legislation by tho
electorate is social and economic betterment. If
the people aro given the means of control, in
stead of having all controlled by proxy, state
government will be swiftly purified.
"It has been so under direct legislation in
Oregon, and it will be so in any state that adopts
the system.
"M,ore good laws have been passed in Oregon
under eight years of direct legislation than wore
passed in fifty years preceding. The legislature
rejected a corporation franchise tax law, and
the people at once passed it by the initiative.
The legislature rejected a direct primary law,
and the pooplo at once adopted it by a vote
of more than three and a half to one. The
legislature rejected a corrupt practices act, and
at tho next' election the electorate adopted it
by a h6avy majority.
"Tho effect of these and similar instances of
rebuke to the legislature is that tho representa
tive body has been taught that if it does not
legislate wisely and well, the electorate will take
the matter into its own hands ahd the result is
a better conducted, more orderly and saner
legislative body. The very knowledge that the
power of veto and to initiate is in the hands
of the electorate and that it will be used in case
the legislature is recreant, is the best of all
influences as a corrective of the abuses and
evils of representative legislation."
THEY .OPPOSE THE PRINCIPLE, TOO
The following letter is taken from the Little
Rock, Gazette:
To the Editor of the Gazette: I had not in
tended to enter the lists in behalf of the initia
tive and referendum, but there havo been so
many misrepresentations of the meaning of
amendment No. 10 that I can not forbear to say
a few words in its behalf. I confess that it is
clumsily drawn and that lawyers may find some
hidden ambiguities in it, but I consider it a
step forward and intend to vote for it.
The warmth with which a man of Judge
Rose's age and temperament espouses the cause
of the opposition is surprising, but his opinions
aro weighty and deserve serious consideration.
If I saw in the amendment all the dangers
which he has found lurking there, I certainly
would oppose it.'
As to the meaning of the so-called "joker,"
Judge Roso tells us that it will require only "a
majority of the people of any county, town or
city to mako or unmake law, and to change" or
abolish the entire constitution so far as that
particular county, town or city is concerned, or
any part thereof." And then, with dire fore
bodings of bare possibilities, he tells us that
"if riots broke ont, and the governor attempted
to enforce order, the county or town could, so
far as its own inhabitants are concerned, repeal
the clauses of the constitution creating the
office of governor." He also fears that some
town will rid itself of its best citizens by re
pealing the constitutional guarantee of a jury
trial and then put him to death in a summary
manner..
Now if all- these dangers really lurk in the
amendment, I am not sure that we ought not
to adopt it in order to proceed without jury
trial against the man who got it up. But such
an interpretation certainly would be a novelty
in American constitutional law, one no set of
judges is likely to adopt. Our constitution pro
vides that it can be amended only by a majority
vote of the entire state. Amendment No. 10
does not expressly change this requirement.
Surely any competent court would say that if
it had been the intent of the amendment to
alter this requirement along the- lines indicted
by its opponents, it would have read something
like this: "The people of each municipality,
each county, and of the state, reserve to them
selves power to propose laws and amendments
to the constitution, and to enact or reject the
same at the polls independent of the legislative
assembly, which laws and amendments shall
be binding in and for only such municipality,
county or the state, according as proposed and
adopted by a particular municipality, county or
by the state. Provided that any municipality
or county may exempt itself from stato laws and
any part of the constitution by an affirmative
vote to that effect." Such a "proposition would
indeed be a monstrosity in government and I
certainly would vote against it, if ever placed
before the people.
Judge Rose and Mr. Norwood both fear the
Issuance of bonds, the editor of the Gazette
fears that the stato will be asked to pay its
repudiated bonds, and Mr. Norwood fears that
tho negroes of Chicot county will send their
children to the white schools. Such fears are
groundless with the possible exception of the
repudiated bonds. Be it remembered thaj; the
people of the entire state reserve to themselves
the power to make laws -and that their will will
be supreme after the adoption of No. 10, just
as it is now. The reservation of this power to
the people of the state would be meaningless,
if a city or county could straightway nullify
for itself any law or amendment adopted by
the state. General laws are now applicable to
the entire state, unless certain parts are ex
empted, as in the recent compulsory education
law. This exemption was made by the repre
sentatives of the entire state. Under No. 10
no power but the entire state could exempt.
The present prohibition on bond issues is not
repealed by tho proposed amendment and no
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