Semi-weekly register. (Brookings, Brookings Co., S.D.) 1894-1898, 1898-12-09
Direct L.gislation in south Dakota.

The Chicago Record makes the fol-
lowing comments on the endorsement
OF the Initiative and Referendum,
by the People of South Dakota:
''South Dakota Is the first state in
the union to adopt the system Of di.
rect legislation by the people. AL.
though the official returns have not
been received, 1t is conceded that the
constitutional amendment making
provision for the use of the initiative
and referendum was approved by pop
ular vote at the election Of No
| vember Sth.
The principle of the referendum has
long been recognized by American
states in connection with constitu-
tional enactments, and its use in that
connection has been productive of
most satisfactory results. OF late
there has been a growing tendency on
the part of the legislatures to submit
to popular vote measures Of impor-
tance relating especially to certain
sections of the state, such as the
larger cities: but such action has al
ways been optional on the part of the
legislature. The people have possess
ed no power to compel the submission
| to them Of certain questions except
in so far as they could influence their
representatives, to respect the popular
will The people of South Dakota,
however, have now put into operation
a plan whereby the popular will can
be given expression in law regardless
of the Indifference or the hostility Of
the legislative body. More impor-
tant than that, they can prevent the
enactment Of any law by an unscrupu-
lous legislative majority IN defiance
Of public sentiment.
The plan which has been made a
part Of the constitution OF South
Dakota demands that when partic-
ular piece Of legislation is demanded
by per cent Of the qualified voters
of the state that proposition must be
submitted by the legislature to the
people at the next ensuing general
election. If approved by the people
it becomes law. If the legislature
passes an act to which there is pop
ular objection, that act must be sub
mitted to the people at the next reg
ular election, II petitiOned for by
per cent of the qualified voters. If
not it fails to become law. Under
the South Dakota plan, therefore, the
people have the power Of absolute
veto over all unpopular legislation.
Had such system prevailed in Hi
nois demand could have been made
at the close of the last regular session
of the legislature to have the Allen
law and the gas laws submitted to
popular vote. Then the people them.
selves could have said whether they
wanted those acts or not.
1t cannot be doubted that the refer,
endum system adopted by South
Dakota will be productive Of much
good in the main. Experience will
be valuable chiefly in demonstrating
!: how large percentage of the voters
: should make demand in order to re-
quire the submission Of proposition
to popular vote. While it is desir
able that important questions be sub
mitted, at the same time it is not
well that power be given an inconse
quental minority to consume the time
of the people in voting on proposition
concerning which there is substantial
unanimity of sentiment. 1t may bt
that the petition of larger proper
tion than S per cent should be re
quired in order to secure submission.