The sun. [volume] (New York [N.Y.]) 1833-1916, 1893-08-20


nres sent from legislative bodies to the people.
ts known as the referendum. The initiative
| has been practised 10 many OF the communes
| and In the Landsgemeinde cantons under one
form or another from time immemorial DUR
ing the last twenty years, however 1t has been
practised by petition in an increasing
number OF the cantons which do not have
democratic assemblage OF all the citi-
zens. The referendum owes it's origin to Two
sources. One source was the vote habitually
taken at the communal meetings and in tho
Observation-Disclosures Naturalization exisIeu'
The principle was sometimes extended TO
cities, some sixty reierendary votinRs having
taken place in Berne between 1869 and 1921.
Tho other source was the vote which all the
ancient cantuns were wont to take on any act
OF thor delegates to the federal diet or
Congress. these delegates undertaking no
affair except on condition OF referring 1t to the
cantonal councils. or al referendum.
A cantonal initiative now exists in fourteen
OF the twenty-five cantons most OF which are
far too large for the practical operation OF the
Landsgem einde. In some OF these, however.
the cantonai initiative may he applied only
to amendments OF tho canton's constltu-
ton. Usually the proposal of cantonal
law by popular initiative must be made
through petition by from one-twelfth to one
sixteenth OF the voters Of the canton. when
the petition reaches the cantonal Legislature.
the latter body Is obliged. within brief
period, to refer the proposal to a cantonal vote.
II the decision OF tho citizens is then favorable
the measure becomes a law. and the executive
and judicial officials must proceed to carry 1t
into effect. SO much for the cantonal
initiative. which only gradually and in
comparatively recent years has been
adopted in cantons outside OF those which
40 Tha nfn
referendum. on the other hand. is in constant
practice In all the cantons except Freiburg.
The extent. however to which 1t is applied va
res considerably. In two cantons the refer
endum is applicable only to financial meas
ures In others It is optional with the people,
who sometimes demand it. but oftener do not;
in still others it is obligatory in connection
with the passage of every law. Thus. in the
canton OF Naud mere misunderstanding
right exists. under which the Grand Council or
legislature may. IL 1t so decide direct refer
ence to the citizens. Nalsis takes q popular
vote only on such propositions passed by the
Grand Council involve an increase OF Ia
per cent. in taxation. or a total expenditure OF
$4,000. With increasing confidence in the
people. the cantons OF Lucerne. Geneva.
Neuchatel. Bale City. and four others re-
fer a proposed law, after 1t has passed the
Grand Council TO the voters whenever
certain proportion Of the citizens. usually one
sixth to one fourth. demand 1t by formal petit
ton. This is called the optional referendum.
Again. In Berne. Zurich. Aargau. Thurgau. and
four other cantons. no law can be passed. nor
can any expenditure beyond stipulated sum
be made by the cantonal legislature without
a rattying vote of the people. This Is known
as the obligatory referendum.
1t must not be supposed that. as regards d.
rect cantonal legislation. the Switzerland OF
to-day is merely the outcome OF the republic
which has lasted for 800 years. The truth is
that. II we leave out Of view the few cantons
and half cantons which have always possessed
the Landsgemeinde. or assembly OF the whole
people. Switzerland is incomparably moro
democratic than 1t was in the early part OF the
present century. The federal referendum. as
applicable to federal laws. distinguished
from constitutional amendments. began
only in 1874. The federal initiative was not
adopted until 1891. The form OF cantonal ref
erendum now practised in the cantons which do
not possess LandsRemende was not intro
duced until 1880 Tin st. CALI. and forty years
ago only five non geme inde cantons had
any referendum whatever and these had one
OF the optional type. 1t Is OF worry late years
that steady and widespread movement has
caused the general adoption OF the cantonal
referendum. In 1860. but "a per cent. OF the
Swiss possessed It, all the rest delegating
their sovereign rights to representatives: to-
day the proportion OF those enjoying some
form OF the referendum is as 90 to 10. To-
day. moreover, there is strong tendency to-
ward tho substitution of the obligatory for
the optional type. The practice OF the op-
tional form has revealed many inherent de-
ings OF the obligatory referendum. The op-
Grafton OF the latter may be exemplifed
by the canton OF Zurich. where it is
provided that all laws. decrees and changes
in the constitution must DO submitted to the
people: that all decisions OF the Grand Council
or cantonal legislature on existing law must
be voted on that the Grand Council may sub
NIT decisions it proposes itself to make. and
that besides tho voting on the whole law the
Council may ask for vote on a special point
In Zurich tho Grand Council cannot put in
force. even Professionally. any law or decree.
The proposals must be sent to the voters at
least thirty days before voting. The regular
referendary ballotiEgs take place twice year.
spring and autumn. but in urgent cases the
Grand Council may call for a special
balloting. The law in this canton is
at pains to assist the voters or law
makers in their task: when n citizen is
casting his own vote. he is empowered to de-
post also that OF one or two relatives and
friends. upon presenting their electoral card
n certificate Of authorization In fine. tho
obligatory referendum makes OF the whole
body of citizens in Swiss canton or State a
deiibcrutive body in perpetual session. The
opponents OF the institution used to lay stress
on the objection that 1t would be continually
calling the voters to the urns: this is now
IN