The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1897-05-10
And Initiative System of Mu-
nicipaI Legislation
Is Now in Operation in the
State of Nebraska.
FIRST TO ADOPT IT.
The Putting in Effect of the
Law Itself
Is Made to Depend on the Same
Principle.
FIRST TO ADOPT IT.

Lincoln, Neb., May 10-Nebraska has
the honor of being the first state in the
Union to incorporate the principle of the
initiative and referendum in her statutes
The principle has been one of the main
tebets of the Populist party of the west
for several years but not until this win
ter was any serious attempt made to en-
act it into law. The bill as passed by the
legislature and signed by the governor
is a somewhat modified form of the
Swiss system of cantonal government,
and applies only to cities and villages.
The right to propose ordinances for the
government of any city or municipal sub
division is vested in the voters of the
city a $ we'll as the mayor and the cOun-
Gil. The word Ordinance is defined as
including also all orders, resolves, agree
ments contracts, and any other meas
ure within the powers of the legislative
authorities of the city. It is provided
that the proposal for legislation shall
contain the full text of the ordinance
proposed. and, to be mandatory, must be
signed by at least Is per cent of the vot-
ers of the city making the same. At
least ten of the persons signing the pro-
posaI shall make oath before a competent
officer that they are duly qualified voters
and that they believe all the other per-
sons who signed the proposal are quail
lieu anu lIlstl the signatures are genuine.
The proposal shall be filed with the city
clerk: but if 20 per cent of the voters
shall request that the ordinance proposed
shall be submitted to the voters to be
voted on at a special election the clerk
shall obey their wishes and call the cleo
ton. If no special election is asked for,
the proposal shall be submitted to the
voters of the city at the first regular
election held after the expiration of thir-
ty days from the filing of the proposal,
unless the council meanwhile makes it
law. If the proposal receives majority
of the votes it shall become a law. This
is the initiative.
It is provided. for the referendum. that
no ordinance for the government of any
city, except as specially provided, shall
go into effect until thirty days after the
passage of same. If in the interim a pc
tition signed by at least 5 per cent of
the voters of the city is filed request sting
its submission to a vote of the people, it
shall be submitted. If the number of
signers represents 10 per cent of the vot-
ers. a special election shall be held with,
in twenty days; if less, not until the next
regular election. Excepted from the
operation of this section are all ordi-
nances relating to the Immediate preser-
walton of public peace or health or items
of appropriation for current expenses OF
the departments OF the city, which do
not exceed the corresponding appropria-
tons of the proceeding year, all of which
must be passed by a unanimous vote
The mayor and council shall have no
power to enact an ordinance which shah
in any manner alter. modify, repair
render nugatOry ordinances enacted by
a direct vote of the people, except by
twO-thirds vote, and then not until a year
after enactment. The mayor and council
have power to submit to a vote of the
electors at a special or general election
any ordinances they may initiate. Any
one falsely certifying to the qualifications
or signatures of signers shall be fined
not more than $500 or imprisoned not
more than one year. Similar punishment
is to be melted out to the man who signs
any proposal knowing that he is not a
qualified voter. Any clerk who fails to
comply with the provisions requiring his
official action in submitting ordinances
is liable to a fine of 5000. AS a saving
clause, however. it is provided that this
act shall not become operative in any
city until accepted by the voters in the
manner provided for the submission of
ordinances Authority, however, is given
to the mayor and council of any city to
adopt it by a majority vote without sub.
mission