The Kimball graphic. (Kimball, Brule County, Dakota [S.D.]) 1883-1905, 1898-12-03
Dlrec. I.e9i.la,lon Il ). a,ako,a,

Il :
Direct Legislation I'm D. Dakota.
Chicago Record: South Dakota Is the
first state in the union to adopt the sys-
TEN OF direct legislation BY the people
Although the official returns have no,
been received. it Is conceded that the
constitutional amendment making pro-
vision for the use Of the initiative and
referendum was approved BY popular
vote at the election OF Nov. 8.
The principle Of the referendum has
long been recognized by American states
III connection with constitutional enact
ments, and It's use in that connection
has been productive Ut most satisfactory
results. Or late there has been q grow
Ing tendency0n tl. part of legislatures
TO submit to popular vote measures OF
Importance relating especially to cei-
tain sections Of the state, such as the
larger cities: but such action has always
been optional on the part Of the leglsla-
ture. The people have possessed no pow
er to compel the submission to them Oi
certain questions. except in SO far as
they Gould influence their representa-
lives to respect the popular will. Tne
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
hostility Of the legislative body. Mole
important than that, they can prevent
Tie enactment of any law by an unscru-
pulous legislative majority in defiance
OF public sentiment.
The plan which has beeu made part
of the constitution Of South Dakota pro-
vldes that when Il particular piece Of
legislation is demanded by ber cent Of
the qualified voters of the state that
proposition must be- submitted by the
legislature to the people at the next en-.
suing general election. II approved by
me people, it becomes law. lfthe
legislature passes an act to which there
ls popular objection, that act must be
submitted to the people ut the next reg
ulsr election, II petltioned for by 5 per
cent Of the qualified voters II approved
by popular vote, 1t stands. 1t not, IL
fails to become a law. Under the South
Dakota plan, therefore, tie people have
The power of absolute vote over all un-
popular legislation. Had such system
prevailed in Illinois a 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 veto. Then the
people themselves 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 satisfactory results
in the main. Experience will be yalu-
able chiefly in demonstrating how large
a percentage Of the voters should make
demand in order to require the submis-
sion Of proposition to popular vote.
While 1t is desirable that important
questions he submitted, at the same
time it is not well that power be given
an inconsequential minority to consume
the time of the people in voting on prop
ositions concerning which there is sub.
stantial unanimity OF sentiment. II
may be that the petition O. larger
proportion Of the voters than 5 per cen,
should be required in order to secure
submission.