The record-union., 1897-05-28
NEBRASKA TO TRY AN EXPERI-
MENT.

The Nebraska Legislature mas paSSeu
anAct that introduces the initiative ana
the referendum limitedly into the pol
icy of that State, so far as government
in towns and cities is concerned. 1t
gives to voters in such places the rlght
to propose ordinances, but does not
take from the legislative board the
power it now has in matters OF legls-
lation.
The proposal must contain the fun
text of the suggested ordinance, and be
signed by 10 per cent. of the voters or
the CITY. Ten of the signers must
make oath that they are voters, and
that they believe all the signers to be
qualified electors also. Thereupon the
Clerk shall file the ordinance for ac-
ton by the legislative body.
But if 20 per cent Of the voters re-
quest submission of the proposed ordl-
nance to a vote of the people, it shall
be so submitted at a special election if
so petitioned for, or If no special date
is asked for, then at the next general
clCCllOl OCCul lilS aAtCl Ni4AA ~ NoS =
from the filing of the petition.
So much for the initiative, under
which, If proposition receives ma
jority Of the votes cast, it shall become
the law. AS for the referendum it is
provided that no ordinance for govern
ment of the city, except otherwise pro-
vided, shall go into effect until thirty
days after passage. If in the mean
time a petition signed by at
least ) per cent. of the voters
Of the city is filed requesting its
submission to vote of the people, 1t
shall be submitted. If the number of
signers represents 10 per cent. of the
voters, a special election shall be held
within twenty days; if less, not until
the next regular election shall submis-
sion be made. Excepted from the oper-
alton of this section are all ordinances
relating to the immediate preservation
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-
tions Of the preceding year, all of
which must be passed by a unanimous
vote
The Mayor and Council cannot enact
an ordinance which alters, repairs or
renders nugatory ordinances enacted by
a direct vote of the people, except by a
two-thirJs vote, and then not until a
year after enactment. They may sub
nit to a vote of the electors any ordi-
nances they may initiate Anyone
falsely certifying TO the qualifications
or signatures of signers shall be fined
not more than $500 or imprisoned not
more than one year. Any Clerk who
fails to comply with the provisions re-
quirfng his official action in submitting
ordinances is liable to a fine of $4,000
1t is provided that the Act of referen-
dunn shall not become operative in any
city until accepted by the voters. Au-
thority, however, is given to the Mayor
and Council of any city to adopt ii by
majority vote without submission
While nearly. if not all of the States
AAAN lGLGlGii4 III the UlEkDOuS II
amend Constitutions by vote of the
people rather than by convention this
is the first time, we believe, where il
has been provided by law for direct leg
fslation by the people through initiative
and referendum. In Nebraska it vii
be observed that the initiative proce-
dure is very much limited, and amounts
TO not much more than suggestion tC
the legislative body, except when al
exceptionally large number of elector:
demand its submission to popular vote
In California we have in one or tive
cases. perhaps more. submitted pro
posed legislation directly TO the peo
pie. and the Constitution provides how
it may be done regarding creation o
debts in cities and towns. and in dis
tricts and counties, but we have ha6
nothing whatever in the nature of tn
initiative. There is nothing novel il
the referendum proposition of Nebras
ka. 1t is scheme that has been muci