The representative. [volume] (St. Paul, Minn.) 1893-1901, 1895-03-06
SWISS METHODS.
The Proposition to Adopt Them In
Minnesota Considered By At
tOrney General.
INITIATIVE NOT PRACTICAL
"The Referendum" May Be When
the State Has Legislation
Better CrystalliZed.

VI SudAU w UIlC lCSO1uUlOu 1uU1O-
duced and adopted in the senate
April 5, Attorney General Childs has
completed his reply or report upon the
"Initiative and the Referendum"
The same resolution has been called
up during the present session and the
answer Of the attorney general is in
conformity with both requests. The
resolution asked for the following in
formation:
l. The history of the principle of
the "initiatiye and referendum"
2. Its workings in Switzerland
3. How tar it could be made applic-
able to existing conditions in this
state.
4. What would be the effect of it's
application upon legislation in this
state in the way of lessening corpor-
ate interference Herewith and pre-
venting extravaganza and corrup-
tion.
The attorney general says: II deem
1t proper at the outset to define in
few words, as accurately as l may, the
two institutions which form the sub
ect of the report.
"As applied to the political affairs
OF Switzerland, the initiative implies
that every citizen shall have the
right to propose a measure OF law to
his fellow citizens: or as otherwise de-
fined it is the exercise of the right
granted to any single voter or body of
voters to initiate proposals for the
enactment of new laws, or the altera-
tion or abolition of existing laws
The referendum, on the other hand
is understood to imply that the ma
jority shall actually enact the law by
voting the acceptance or the rejection
OF the measure proposed.
"Of the initiative it will be neces-
sary to speak but briefly. The expert
ence Of the Swiss people, with whom
it is now on trial is not such as to de-
mand it's adoption here or elsewhere.
The canton of Zurich in Switzerland
teaches an instructive lesson as to the
value of the institution. That can
toni point of wealth and population,
is one Of the most important in
Switzerland, and enjoys an experience
with the initiative of twenty-five
years. Although it has there been
frequently resorted to, it has rarely
resulted in the enactment of laws, as
they have almost invariable been de-
feated by popular vote. From 1869 to
1885, a period we'll covered by statis-
tics, this mode was resorted to in
eighteen proposed measures. Four of
them were approved by majority of
the council, and of these two were
ratified by the people and two reject
ed. OF the thirteen proposals which
were disapproved by the council but
three were adopted by the people.
"Obviously the initiative is lily
| adapted to the formation of wise
| measures of legislation, as it affords
no opportunity for ample discussion,
| which is essential to the enactment of
| salutary laws and gives no room for
| compromise and mutual concessi ions
| between different opinions, which is
| the very essence of legislation. But
| the fact that it has been adopted by
only fourteen of the twenty-five can.
tons of Switzerland, and in some of
| them only in reference to the consti-
tional amendments clearly indicates
that it has not as yet, demonst trated
its usefulness as an agency of legisla-
| tiOn. AS an institution, it is conceded
to be still in it's in fancy and requiring
| Development
| Speaking of the referendum" At.
torneyGeneral Childs says: "The ref
erendum is a subject which requires
| careful consideration. AS a principle
| it is Of remote origin and of wide OBJ
servance. For many centuries the
Swiss people had in their communal
meeting exercised the right to vote
upon ques tions Of local government.
But as an institution within the
meaning OF the resolution, it is very
modern and wholly confined to
| Switzerland.
'Whatever may be said for or
against it's adoption by the people of
| that it has grown into great favor
with the people among whom it is
now in vogue. AS now practiced in
| Switzerland the referendum is of two
| forms, the faculative or optional and
the obligatory. BY virtue of the
former law must be submitted to
| popular vote when demanded in writ
ing by the proper number of voters,
while the other requires that the
laws shall be submitted to such vote
without previous demand The lat
Ter mas generally grown in popular ia
vor and avoids the serious agitation
incident to the work Of securing
signatures requisite to submission.
| 1T would. in my Judgment" says
the encouragement, ''be at variance
with the truth to deny that the refer
endum, as applied to the affairs of the
Swiss people, has proven wise and
salutary Institution. A consensus Of
opinion of those who have examined
and thoroughly studied its workings
among tnat people, admits of no other
| conclusion. Serving as a drag upon
hasty and radical legislation, it has
elected the conclusion of it's enemies
that it's employment in that country
has Been attended with economy in
all departments of the public SER
| vice"
After speaking briefly of the general
and geographical conditions of Swift
zerland, Mr.. Childs continues: "It
may be said in answer to the resolu-
tion that the principle Of the referen-
! dun is, to large extent, adaptable
| to American institutions. This con-
clusion is in fact demonstrated by
what has already spontaneously taken
place among us. That principle has
frequently been applied during the