The sun. [volume] (New York [N.Y.]) 1833-1916, 1891-12-18
Tho Referendum In tho United States

The recent publication in England Of
many books on the political institutions Of
Switzerland has directed particular atten-
ton to the Referendum. or submission Of
laws to the popular vote. Most English
men assume that such q reference is pecu-
liar to Switzerland. although Mr.. BRYcE's
work on American Commonwealth"
should have taught them better. The fact
10 that lawmaking by the popular vote has
from the outset been embedded among
American customs. and is continually en-
croaching on the field Of legislation re-
served in other countries to an elected as
sembly. An exhaustive exposition Of the
data relating to this interesting subject
has recently been made by Mr.. ELLIS P.
OBRRHOLrzER in paper read in the Ameri-
can Academy Of Political and Social Science.
It Is. Of course. understood that most of
our State Constitutions and amendments
OF them are examples Of the Referendum.
To appreciate. however. the close resem-
blance OF the American to tho Swiss institu-
ton. we should note the tendency OF our
State Constitutions to increased compre.
hensiveness and detail. 1t Ia evident that
the people are showing q preference for law
making by the popular vote at intervals OF
ton or twenty years. instead OF by repre-
sentative body meeting annually or BIZ
ennially. A multitude OF matters which
were once left to the Legislatures are now
dealt with In State Constitutions. Among
the subjects now deemed suitable for rels-
CATION to the direct Judgment OF tho people
are the following: The prohibition or char
tering OF lotteries. the prohibition or regu-
In n hn fra ha etah tel,
OF taS rates. tho founding and location OF
schools and asylums. regulations and duties
relating to the rights OF railroad and other
corporations. definitions OF the relations OF
husband and wife or Of debtor and creditor,
tho establishing OF legal rate OF inter-
est and the salaries of public officers
There are indeed few subjects OF ordinary
legislation which may not. according to the
new conception OF q Constitution. he dealt
with by q State convention and submitted
to tho popular vote. Tho remarkable ex-
pansiOn Of organic at the expense of stat
utory law has brought with it the necessity
OF changing the machinery of amendments.
A greater facility in emendation is gener-
ally recognized as Indispensable. II Con-
stitution Is to enter into the technique and
detail Of government. and trcspass on the
province formerly assigned to the Lcgisla-
ture. 1t cannot keep the character OF per-
mauence which 1t had when 1t was only an
outline TO direct the lawmaking power 1t
must acquire o faculty. Of relatively prompt
adaptation to popular demands. and OF
changing with changes In the needs of
community.
It Is not. however. necessary to search
under the disguises OF Constitutions and
constitutional amendments In order to
find lawmaking by Referendum In this
country. Statutory legislation on certain
classes OF subjects Is entered on by repre-
sentative assemblies upon tho express con-
dltion that 1t be approved by the people.
Thus In Pennsylvania no law changing the
location OF tho capital Of tho State is valid
until tho same has been submitted to the
qualified voters ut u general election and
ratified by them. Like provisions relating
TO the location OF State capitals are to be
found In the Constitutions OF fifteen States.
including all the now States and Mississippi.
Another kind Of Referendum was invented