The herald., 1898-07-06
DIRECT LEGISLATION
and CHARTER
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Feat the Citizens Non-partisan ticket free
| holders. While they have not as yet openly
given reasons for such conduct, or made
specific objections to the ticket, or to any of
the freeholders, 1t is apparent that their de-
sire to defeat this ticket arises chiefly from
the fact that by its election there will be in
) corporated in the new charter provisions for
J; direct legislation by the people, more COM
monty known as the initiative and referen-
dunn.
!, An explanation of the objects and scopes of
1 the initiative and referendum will not be
necessary TO enlighten the individuals and
newspapers already mentioned. They know
what this system of legislation is, and what
its adoption means to the people of this city
as a check upon bad we'll as an incentive
to councilmen to enact good legislation.
4 They also know that optional direct legsla-
ton stands in striking contrast, and per-
haps in direct opposition to that other the
| DRY of municipal government which places
i the official machinery OF the city into the
hands of one or two individuals.
! But there may be some mo do not know
what practical direct legislation is as ap-
piled to municipal government. and who,
without some knowledge of its scope and
purpose may be mised by the insinuatio
that the freeholders upon the Citizens Non
partisan ticket are mischief makers and full
of nonsensical 'isms.''
The initiative. as applied to municipal
| government and to the city of Los Angeles,
is The charter right of certain percentage
of the electors OF the city to propose by pc
| tition an ordinance or amendment. The
usual charter provisions under this system
| leave it optional with the council to adopt
| or reject the proposed legislation. If it is
| adopted by the council it at once becomes
| law; If 1t is rejected. then the cour Gil must
submit The proposed legislation to the vote
Of the people for the adoption or rejection,
| al a subsequent general or special election.
| There are safeguards designed to prevent
| too many special elections and the conse-
quent expense to the city. They limit the
| number of special elections which may be
| called In any ore year. or designate the times
during the year, generally two or three, when
| all proposed legislat ion must be submitted
10 the people
The referendum, as its name indicates,
means to refer. and as applied to municipal
government and to the city of Los Angeles,
is the charter right of the people, in every
| instance to have referred to thema at an
election for rejection or approval, all ord-
narces touching certain specified subjects,
as for example, the granting of franchises,
crea ting bonded indebtedness Gas our laws
now provided leasing selling or buying
property for public purposes, and many
others, concerning which abuses are known
20 exist.
The above is general outline Of what is
known as direct legislation. 1t is not
theory. Neither is it new or untried. 1t
has been in actual operation in Switzerland
for decades pas. In the United States 1t
is as old as the federal constitution. BY
Article of that instrument the power to
establish amendments is denied to con-
gress, and the principle of the referendum is
adopted by declaring that amendments to be
valid must be ratified by the legislatures of
three-fourths of the states. or by conven-
tions in three-fourths thereof, as may bel
proposed by congress. The same principle
of the referendum is found In our state cen
stitution. Section 1. Article XVIII, which re-
quires all proposed amendments TO be SUBJ
mitted to the people.
1t is not generally known, but 1t Is a fact
that our county government act contains
both the initia tive and the referendum. BY
section - of the act of 1897 it is provided
that the board of supervisors must submit
the question of the removal of the county
seat to the qualified electors of the county
whenever petition is presented by ma
iority Of the electors of the county
BY section 10 of the same act it is provided:
Whenever there shall be presented to
the board of supervisors petition, or
petitions. signed by legal voters of said
county equal in number to so per cent
of the votes cast at the last preceding
general election, asking that an ordi-
nance, to be set forth in such petition,
be submitted to vote of the qualified
voters of such county, 1t shall be the
duty of the board of supervisors, by
proclamation, to submit such proposed
ordinance to the vote of the qualified
electors of such county.
Nor Is the referendum unknown in our
own municipal affairs. AT least one exam
pie exists of it's use and purpose. The stat
utes of the state with reference to Great |
ing refunding and increasing the bonded
indebtedness of cities require all such prop
ositions to be submitted to the electors of
the city before they can become valid, and
1t is common knowledge that these restric- |
lions have prevented much mischief and
have secured corresponding benefits to the
taxpayers of the city.
The object of direct legislation Is not to
take from the legislative branch of the mu-
stance, to enact, repeal or amend laws. |
Under this system there will still be the
council whose legislative powers will be
as broad as they are today, and in fact 1t |
will be charged with the duty of exercising |
this power, except in those rare instances |
where the right of the initiative is exercised |
by the people, or upon those important SUBJ |
jects. as creating bonded Indebtedness and |
the like, which, as experience has taught |
must be left, through the referendum, to |
the electors of the city, In order to prevent
extravaganza and jobbery.
1t will be noticed that the initiative is op- |
tionai with the people. This right might lie |
dormant for a year or more, and yet the |
machinery of the government be carried on |
by the council. 1t is doubtful If this right |
would be exercised by the people so long |
as municipal legislation met with the ap- |
proval of the people.
The initiative closely resembles the power
of the mayor, who Is clothed with author
ity to approve or veto ordinances, and yet !
1t is more far-reaching, since, by the mi
tiative, legislation can be proposed or the
existing laws repealed or modified. In fine,
so long as the council should discharge its
duties agreeably to the wishes of the people
and In strict conformity to their interests.
there would not be necessity for the exer-
else of the initiative; but If the council
should neglect its duties to the people, or
l.