The sun. [volume] (New York [N.Y.]) 1833-1916, 1892-07-17

Ten years ago the Swiss institution known
ns the Referendum had attracted no attention
outside OF the country which gave 1t BIRTH
ihdeod. only u few students OF political history
were conrersnnt with its purpose and its work
,ngs. All at once II has become the subject OF
very widespread interest. In Belgium tho
pnrty preponderant In the national Legislature
has determined TO embody in the Constitution
the piincip!e OF submitting proposed laws
directly to the people: In England the adop-
ton OF tho Same institution has boon advo-
Gated by Mr. A. V. Dicey in the Contemporary
RPr'e'r. and has been commended 10y Mr.. A.
D. Dnlfour to the serious consideration OF
MS fellow Conservatives; In this country
several bookshave almost simultaneously az
pearcd In which the operation OF tho Eefcren-
dum is described and the resemblance between
II and the American method Of enacting con-
s'itutional amendments IL pointed out. There
Is. however. another feature OF direct logisla.
tion by the people which IL exemplif,ed In
switzerland. but Of which as yet but little no.
tice has been taken. Wo refer TO the species
OF popular initiative applicable to cnntonnl
iawmaking in tho several States or Cantons
OF the Swiss confederation. which Is exer-
cised through what may be termed impe,n-
tive petitions. This institution. rs we'll as
the better known Referendum. are subjected
to q careful examination by Mr.. NATHAN
CREE in volume entitled Direct Legislation
ov the Ttup'e "a G. McClurg 4 Col Tho
author believes that our own methods OF
state and Federal Government would be
siGnally improved by n formal recognition
and generous exercise Of popular initiative
and OF tho Referendum. and that such innova-
lions might be effected without much din.
Guilty. lie does not. OF course. pretend that
direct legislation by tho people would prove d
sovereign remedy for oil The political shortcom.
ings OF society but he urges It ns n practical
Bile reform whose usefulness eau be demon-
strated. to which no solid objections can be
raised.
The manner In which the inhabitants OF a
SWISS Canton exercise tho power Of direct
Initiative IN legislation through an impera-
tive petition. is set forth by Mr.. Cree in an
appendix to his book. The facts are repro
duced from Mr.. Vinccnt's Federal and State
Government in Switzerland" 1t seems that
those who are interested in the passage OF u
new law prepare either full draft OF bill or
q petition containing the chief points OF it.
with the reasons for its enactment. and then
take measures to obtain the public approval OF
their project. The people signify their en-
dorsement OF the proposal. either ny actually
signing the petition or by verbal assent to 1t.
The latter form OF consent is indicated either
in the town meetings OF the commuups. or by
citizens appearing before tho official IN charge
OF the petition and openly asking that
their votes be recorded for It, II In tho
various town meetings OF the Canton
taken together. a stated number OF affirmative
votes nru given for tho petition. the effect is
the same as II the names OF voters had been
signed. When the signature method is adopt
ed all those who wish to endorse the petition
a IN ha nj nj ha In, I'll ~
the bill. who is always n public officer Hero
signers must prove their right to vote. rs at
any other election. but no fees can be collected
from voters for witnessing their signatures.
The number OF names required to make q
petition imperative is about the same In pro-
portion to the whole body Of voters as for the
optional referendum.
The requisite number OF signatures having
been procured. the petition is carried to the
Legislature OF the Canton. This body is con-
stitutionally bound to take the matter into
consideration within specified time and to
prepare complete draft Of a law in accord
ancc with the request 1t may also ut the
same time present an alternative proposition.
which expresses Its own ideas OF tho matter.
SO that voters may take their choice. In any
case the Legislature gives an opinion on the
project "a to It's desirabi!ity or propricty. and
tho public has thus n report Of its own select
committee for its guidance. Tho bill is then
submitted to the voters OF the Canton. and on
receiving the assent Of a majority becomes q
law OF the land.
This system OF direct popular Initiative In
legislation. Ivy means Of an imperative petit
ton. has long been operative in some Of the
Cantons and has gradually boon extended to
others. 1t hns worke 70 vol that an nprlica.
ton OF the principle to Federal legislation
was demanded. and In July. 1891 constitu-
tional amendment 10 that effect was adopted.
This is unQuestonably the most advanced
step toward democracy upon which even the
Swiss republic has yot ventured. The sub
stance OF the new Federal organic law is that
when Nifty thousand voters petition for an
amendment to the Federal Constitution.
or for tho adoption OF n designated
statute. tho Federal Assembly must sub
NIT the requested proposition within
given time to popular vote. The Gov.
eminent may, at the same time. present
An alternative project OF its own. but in any
cuse there can be no avoidance Of tho duty OF
giving tho people chance to say whether
they want such law or not. II a majority OF
oil votes cast. and at tho same time majority
OF all the States or Cantons are In favor lit
the proposition becomes a law.
The author OF this book accepts the Wow
taken o! Representative government by Mr..
syme, who thinks that the interplay OF the
two Swiss institutions direct popular intin-
tive and the would constitute a
marked Improvement on the present system Of
rarty government Mr. Syme points out that
"thc press at once forms and expresses public
ortnion. 1t performs all the functions OF u
de!iberntive assembly There Is not aues-
ton of home or foreign policy thnt is not "a
fully and ably discussed In its columns as in
the debates Of either House of Parliament. In
these discussions every newspaper reader
participates. becomes. ms 1t were. n member OF
the vast assembly which may DO said to ON
brace the whole nation. 30 widely are newspa-
pers now read Had We only tho machinery
for recording the votes OF that vast
popular assembly. the newspap per- reading
public. We might easily dispense with
Parliament altogether There Is no doubl.a
Mr.. Bal:ourhas already recognized. TINT Eng
lishmen might obtain the machinery OF which
Mr.. Syme speaks. by al act OF Parliament
providing for the adoption nj the swiss iustT-
tutions OF popular initiative and of the kefer-
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