The representative. [volume] (St. Paul, Minn.) 1893-1901, 1895-08-14
The INITIATIVE #
and REFERENDUM.
REAL RULE OF THE PEOPLE
How the Swiss Have Mas tered the
Problem of Self-Government.

Problem of Self-Government,
J. A. Lemcke. in Equity.santa Barbara Cal.
Article 80 Of the federal constitu-
tion Of Switzerland provides as fol-
lows: Federal laws shall be submit
ted for Acceptance or rejection by
the people il the demand is made by
$4,000 voters or by eight cantons."
This provision OF the organic law Of
the confederation is called "the refer
endum." Before 1t became incorpor-
ated in the federal cons titution it had
been in practice in number OF the
separate cantons. and is therefore not
q novelty to this people. 1t does not
exist as far as l know among modern
Democracies elsewhere. Mr.. Nc
Cracken, author Of "The Rise of the
Swiss Republic" says: 1T (the ref
erendum) is full of great possibilities.
It has already fulfilled many of it's
earlier promises. 1t is rapidly con-
verting the Swiss people into nation
governing itself upon an almost ideal
plan, directly logical and without in
UermeOlarleS. Wnere-
as in the United States the practice
Of direct government such as it is still
exists in the Massachusetts, town
meeting and kindred bodies tends
yearly to become obsolete. in Switzer-
land it flourishes with renewed vigor."
It simply reserves to the people the
power, great and valuable, in case
where Congress passes a law which is
not approved of by the nation, to say
to its representatives: "This shall
not be; the country does n OF want this
law, and it shall not be enacted" For
the time being the people take back
the power delegated and enforce
obedience to their sovereign will in
manner both direct and peremptory.
The exercise of this inherent power
Of and by the people has so far only
found disfavor with the politicians
whose power and influence it keeps
under restraint. Jean Jacques Rous-
seau has this to say in his celebrated
"Contrat Sociar': cat the instant
sentatives their liberty ends. The
English people think themselves free:
they deceive themselves; they are dur
ing the election Of members to parlia-
.ment. AS soon as the election is over
they are slaves, and nothing more"
Ehis- may sbe al eccentric theorists
exaggeration, who always showed
aversion towards representative gov
ernment. Had he contemplated the
possibilities of the referendum, how
ever, he would have become reconciled
to parliamen tarism or representative
government. This string attached to
the power delegated, like the sword of
Damocles, holds the represe ntative in
wholesome awe of his constituency on
the one hand, while it keeps alert the
watchfulneSs and interest of the con-
stituency itself on the other.
Professor Wuarin, of the Geneva
University, an able national econo-
mist and high authority on Swiss
politics, a gentleman who has honored
me with his friendly regard, says in an
article in the Revue des Deux Mondes,
treating on the evolution of Democ-
racy in Switzerland, that "the popular
voice as propulseur governmental and
volante dirigeante, stimulated by the
practice of the referendum, has been
OF more value than has been antici-
pated by even the best friends and
VI UlIS WuOleSOulc meas
ure." AS the constitution of Switzer-
land, however, vests no veto power in
the executive, and consequently
leaves the work Of the legislative
chambers without control, the inst
tuition of this provision became neces-
sary. The much-needed veto was
adopted, but it was not, as with u.s.
intruSted to the hands Of a single in
dividual who, no matter how virtuOuS
and capable, must of necessity be a
PARTISAN; no. it was retained by the
people, by them to be welded without
Intermediary, as becomes monarch
who is absolute and has no account
to give except to himself.
What this little six-hundred-year-
old mountain republic has done, and
is doing, in perfecting true Democ-
racy may serve as beacon light in
the dark places of our own troubled
sea of politics. l do not presume to
assert but that the plan of our politi-
cal structure in it's foundation lines
has been and is the best of any SINH
lar fabric heretofore designed, and it
has fitted the genius of our people ex-
ceedingly we'll, but conditions change,
and so do men, and the ship of state,
as do all other human concerns. needs
overhauling now and then, its tim
bers strengthened and it's seams re-
caulked. Many an American patriot
will say, why disturb the time honored
practices? Why pattern after any
body else? Switzerland has neither a
supreme court to pass upon the con-
stitutiOnality Of laws made nor is
there any veto power given to the
president or the governor to guard
the rights of the people. This is true,
but ask, is every law, no matter how
constitutional it may be, just the law
the people want, and does its consti.
tutionality alone constitute it's deSir.
ability, and does it always follow that
the citizen invested with the veto
power, be he the president or be he
the governor, can at all times divest
himself of his partisanship, to which
he is more or less bound by the very
mode of his election and by the con.
sideration of the interests and de
mands Of the party to which he owe.
his election?
I do not mean to say that the refer.
endum will apply to the very extend
ed field of federal law-making will
us nor do / think it applicable to al
sorts of legislation, but am fairly
we'll persuaded that in the individual
states, and for certain classes of laws
II given q fair trial it would wOrl
wholesome results.
Mr.. Paul Leorv Beaulieu. directo
Of rEconomiste Franchise, says tina
in two cities in France where it is be
ING tried the referendum has alread.
nrOduced excellent results. and tina
~ II especially suited for municipa