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tho nubile will and In compelling a majority to
BUbiuit lo Iho rule of the minority. .To amend
the federal conatitution a rciolutlon must pass
both lioiiMoM of congresB by a two-third vote and
the amendment mibmltlcd must then be ratified
Kif ( Im.wi rAlliniii rP Mirk Bf f f l 4 rU
id house, and then it can permanently
-i.i j it.. i i -r n.. i.... .!I1 ,...
uijhuih i iiiu rurryiiiK out ui mi; juiiuuu win uu
a constitutional question if it can control thir
teen states out of forty-eight. Wo need, and I
doubt not shall some day secure, an amendment
to tho federal constitution making it easier for
a majority to change the constitution, either by
striking out that which has become objection
able or by adding that which has become desir
able. Tho state constitution bears witness to a
growing confidence in the people; they are much
more easily amended, as a rule, than tho federal
constitution and the later slate constitutions are
more easily amended than the earlier ones.
When New Mexico's constitutional convention
recently attempted to unduly restrict tho power
of amendment, congress compelled a separate
vote on this specific provision and tho electors
promptly modernized the method of amendment.
THE INITIATIVE
Tho latest step in advance is embodied in
what is known as the initiative. For some
years past the initiative and referendumthey
are usually linked together but aro not depen
dent upon each other have found increasing
favor among those who are seeking to make the
government responsive to tho people's will. Of
the two, tho Initiative is by far tho more im
portant. While tho referendum enables the
peoplo to vote a public measure before it be
comes a law, the initiative not only enables the
pco io to repeal any law which is objectionable
to them, hut what is more vital to their wel
fare, permits them to enact directly any law which
SSouS1 ni' r rCC?UrS t0 the Wtal?turo
Ihiough the initiative they can also submit an
amendment to the constitution and secure a vote
of tho peoplo upon t. THE INITIATIVE iq
THEREFORE, THE MOST VSBPUL rovSnv
MENTAL INVENTION WHICH THE PFO
-sti
le;sCOforntho8l?n' ?0CoraeB CrrK
e ty phT SSn
uC ?" over
come to destroy but to f ,"i Vu Y haVe not
representative govcnime i I i purPse of
that purpose faihT w nfc " to "sent. and
represent thoir const onffUFTltatilvea niia"
shown that tho defeotl n? Experience has
not in "io poo e
acting as representatives of n,on thosG, who
Dower and turn to thlZ I)01)1g' embezzle
authority given them f01' Z" advantaS the
the public welfare t 1 tho advancement of
cure popular gonn e -tr111?3-to se"
of the best and the bravesT h- i f mllUon8
to establish the doctrine "th a l?een poured out
their just powora f?Sm fV vernmonta derlvo
governed. m tho consent of the
in vantiv!l1e;ft'sec1urtilinS SaCrifiCe' has een
eminent, the peonle's I a rePresentative gov-
them with im fin ty ' Sfr ca betray"
while thov ,i, . anLmock-theii' constituent
ouiunes from Hi ..i.nl
luuiiu
draw
from the
treasury.
Tho tarn TIVB AND rkendum
create0 SfiS . not de
dp they withdraw authoritv frinUT? bodies' r
elected to represent tho nJjrom tll0SG who are
when the people Uvn PS V ,?? th contrary,
referendum with which Inltivo and the
thoy can safely "confer i J)rtect tuemselves,
their represenLtiv J1 Wn1mVUttorlS Upoi;
embodies tho initiative ami ? ? constitution
representative is not comni ? ?dum the
measuro which hislS161,0 vote for any
but ho is coerced Into e ?tou h,im 8PPort
the merits of tho msuro hv fi?n.Sidenition of
People, through Cettm6 that tho
measure if they do not llkn u v ay Veto tho
stitution provides for he nfHnT Ien tho con
referendum, the people sin nvV0 and th
representatives: 'C'W eir
The Commoner.
judgment and your conscience, and the more
accurately you interpret our wishes the less we
shall have to do." Tho fact that the people can
act through the initiative and referendum
makes it less likely that they will need to era
ploy the remedy there will not be so many bad
laws to complain of when the people reserve the
right to veto, and it will bo easier to secure the
enactment of good laws when the people are
not absolutely dependent upon legislators for
the enactment of such measures as they may
desire. Direct legislation exerts an indirect, as
well as direct, influence aud when the system
is fully established and the people thoroughly
understand it, it is not likely to be employed
often because those elected to represent the
people will bo more in sympathy with their
constituents.
Some difference of opinion exists among the
friends of the initiative and referendum as to
the percentage that ought to be required for
the petitions which start the machinery through
which the people act. It will bo observed, how
ever, that the difference' of opinion on this sub
ject reflects to some extent the degree of con
fidence which people have in the reform. In
proportion as a person distrusts the intelli
gence and patriotism of the masses he is apt
to demand a high percentage, partly in the hope
that a high percentage may discourage entirely
a resort to this method of legislation and partly
because he fears that it may be resorted to with
out sufficient reason. The Oregon law has
usually been made the basis for the fight for
these reforms in the various states and I am
unqualifiedly in favor of a low percentage as
against the high one. Eight per cent for the
initiative on ordinary measures and twelve per
cent on constitutional amendments is not un
reasonably low. Neither is five per cent too low
for a referendum vote. I am sure that ex
perience will show that these remedies will not
nUT t0 WiUl01Ut rea! Provocation and
tl ere is no reason why those who are public
spirited enough to assume the labor of bring-
v?mTnS befor,e ,the voters should "e taxed
with unnecessary labor. The larger the ner
centage required, the greater the burden thrown
upon those who undertake to ascertain The popu-
California has gone a step farther and reduced
egiiiXre' TnZ the reg0n "mHhSroSS
imvo. an, effect to .ubETM? JS?
mission of frivolous questions o? o t nrn,!nl?Ub"
"" ,"T not a substantia? support to
moasure, and this wilusm'proTect''mn;
lie from any unnecpKanrv nan ti lm)"
vided by th mSZXXT1" Dr
0D? ?Eied. The
Pally insistent in the "deZn hdUm are
sition submitted to the . neonS mJ? a, Propo"
merely a majority of tSP .St receive, not
Billon; but a n ajodty 0f the vnf U th? Pr
election. This is an ,,nl ,tes cast at e
Legislators are elec Sed bv n , ?;G(lwernent.
by a majority, and ? there nnP Urallty Vote' not
thanapluralVshouldhfir.n,-reasPn more
ment of a law by a direct vn?"'0? 5?p the enact"
for the adoption o? a ooSstSiHn0' ,Ule Peoi)le or
THE VOTES CAST UPON THrSwendment
ought to be the teatfn r iE PR0P0SITI0N
all the votes cast 4 1?, ? ieq?,iro a lnority of
negative the benefit of thntf Is to give
election but not "cast eith-r f Vtes cast at the
proposition. Why should fi, fV l agulnst the
reform be sub jected tS th h rV Zh lirP I
reform that secures a ma oHty ? h antaFe? A
on the subject certainly h? X tllG votes cast
right upon its side The moSltiFreSUlni)t-lon of
o those who do not vote 4s tl n atHCan be said
different and if so, they ouirft aAUGy are ln
either way. if tlioy Tall to vntl be countc
are too ignorant to understand nt be?ause they
is less reason why their vSS. subJect there
effective in defeating a proS,S!0UId ,be
secured the support of a n ffft Ylich "as
Xrol?Vh;;;bj-ta
tASJ.SJ made n.
moro recently against vh j ve been (lirected
call But it will bo foUr? nls known the re
the recall l " ?.ind uPn oxamlnatlnn f if-Z
"on. The tTlWjg
' '
' ' VOLUME 12, NUMBER U
before its legal expiration has ahvav v
recognized. I know of no public official wft
not subject to impeachment at the hnnii i
some tribunal. The only difference betweonV01
.recall, aB now proposed', and impeachment6
it has been employed, is that in impeaclin.3
the trial is before a body of officials wh !K ft"
recall places the decision in the hands of 5e
people. It is simply a question, therefor?
whether public servants shall be tryable onlv h
fore public servants or by the sovereign vot
who are the masters. If impeachment had E
,- 'j """"""ww j, iviv-u,ii wuuiu not now
be under discussion, but impeachment ha
proved unsatisfactory for two reasons it Z
difficult to get officials to impeach an 'officii
whether from fear that they will establish a nre
cedent and endanger their, own tenure of office
or whether for some other reason, may be a
matter of opinion,.but it is undeniably true that
the present method of impeachment does not
meet the requirements of today. Even the
president of the United States, in a recent speech
condemning the recall, admitted that the pro-
cess of removal by impeachment must bo im
proved upon.
A distinction should be drawn between tho
principle involved in the recall and the details
of the measuro applying the principle. Thero
is room for a wide difference of opinion in the
matter of detail and I am not inclined "to be
tenacious as to any particular detail, PROVIDED
THE PRINCIPLE IS CLEARLY RECOGNIZED
AND FULLY APPLIED.
In acting upon definite propositions the people
are less liable to be mistaken than in acting
upon persons. Thoy are also less likely to be
swayed by prejudice or stirred by emotion. It
is not unreasonable, therefore, to require a
larger percentage of the voters to a petition for
a recall than in tho case of the initiative or
referendum. I submit, too, that it may be wise
to separate tho question, of the recall from the
candidacy of any other person. When the voter
is called upon to decide upon the merits of the
recall and asketl to choose, at the same time,
btween the incumbent and a person against him,
there is more danger of confusion of thought.
A nearer approach to justice may be found in
Having the question of .recall settled by itself
and the selection .of a. ne.w official determined
subsequently when the relative popularity of the
individuals will not. draw attention away from
the single question whether tho incumbent has
tailed to discharge satisfactorily the duties of
the office.
Some have suggested that, to prevent the re
call of an official on purely partisan grounds,
me petition ought to contain the names of
enough of those who voted for him to indicate
the withdrawal of confidence the petitioners'
action at the first election being revealed by his
oath where it can not bo otherwiso ascertained,
mis suggestion is worthy of consideration and
to require this would enforce no hardship upon
tne petitioners. A still further limitation has
Doon proposed, namely; that the petition should
So. i iWltV some official whqre it could bo
St :y t,llose willing to sign it instead of
Slnf cirS!lated hy those who would solicit
rS?i i' is woultl not Prevent the use of the
? i ? ?n. emeieency but if "such a provision
mnl d inth0 law the Percentage should bo
peUUon ln th0 caso .f circuhlted
woIiSrtd,!SU?,ng ,the reca11 l have assumed that it
cVSi i5K. wlthout discrimination to all offl
thn ?,?iUdIn? tlle Judiciary. The argument
t on nfi ge should be exempt from the opera-
other offl?iniHPe,Call even wllen ifc is aPP"od l.
?nslstG?i P?wB,ihaB n? sound foundation. If it is
KreSSr vi he enjoys Public confidence to a
yIvv r!'nt,tllan otlr Public officials, this
1 suSorinrg answers itself because that
Sdlo"0' ,In Proportion as people have
to S! in, U!e bench they will be less likely
Judee ? ew? JUd,gG ,on sufficient grounds. If u
havfbeen JvngfUlly removed-after tho people
cha?B moS Von a,n PPortunity to investigate the
SxStomSS f aga nst hIm and after PassIon and
these S,HaVe ad tIrae t0 subside if under
a luden 2iUi?B the pePlG sti11 d0 injustice to
occision-il ? in?tyMCah better afford t0 risk BUCl1
yond tSS JLnJUiBl,c. tllan to Put thG JudgG be
miiiLiv e, each of the People. If a judge is
for I? i, L?rd' the P00PlG will make amends
vindlcnXnSV1!??. discover their' error and tho
en-or iR?.rthat,tbe ud6o will receive when tho
him fovnnJ eCted wln more than compensate
the mennHmfication tba b may suffer in
tho a?Bumi?.0,K li f8 not necessary to reply to
of iiE?1 ?a,fc the recall will make cowards
his dutv S Judge wll would be swerved from
8 Uuty h fear of a recall would not be fit
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