The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1899-03-09
On Trial in South Dakota

South Dakota, having carried a con-
stitutionaI amendment providing for
the initiative and referendum, the leg
iSlature Of that state has Just enacted
the necessary law for putting it into
operation. On the last day of the SEES
sion it received the signature of the
governor. An amendment to allow laws
to be submitted to the people at spe-
c1al elections instead of waiting for the
general biennial election was defeated
The first two sections of the law con-
Germ exclusively all laws proposed I'M
der the initiative. Such measures must
be presented by petition, signed by not
less than per cent of the qualified
electors Of the state, with the place of
business and residence of each signer
added TO MS signature. together with
his postoffice address. All such petit
lions, praying for the passage of a sug-
gested measure, are to be filed with the
secretary of state and are by him to be
transmitted to the legislature on the
opening day of the session 1t then be-
comes the duty of the senate and house
to officially submit all such bills to a
vote OF the electors of the state at the
next general election. 1t requires but
a simple majority of the votes cast for
and against the measure to cause if to
become law of the state of South Da-
kota and go into effect immediately
IolioWlng canvass of the vote by the
proper ofhc1als. This. in short, is the
legal process for all new laws desired
by those who can secure petition rep-
resenting per cent of the voters. and
is termed the initiative.
Inc remainder of the bill has to do
with the referendum, and provides that
certain laws enacted by the legislature
may, on demand of 5 per cent of the
electors of the state, acting by petition
as in the case of the initiative. he
brought before them for final decision
at the polls. All laws passed bv the
legislature are open to this demand ex
cept laws for the Immediate prese.va-
ton Of health, the public peace, safety
and support of the state government
and all that might be termed emere-
ency laws. The same provisions for
the signing of petition for the initia-
tive apply to the referendum This
petltlon must be filed with the score
tary OF state within ninety DAYS after
the adjournment of the IegisIature
which passed the laws. A majority of
the votes cast decides the fate of +ha
law
1t would seem that the voting ma
emery necessary under this law was
altogether clumsy. For instance each
law to be voted upon must be nrinted
entire. upon a separate voting sheet
from those employed for election or of-
tcers. In the case of a large number
OF bills submitted the volume of naner
voted by one elector would. necessari-
w. De quite large. At the bottom Of tha
separate SheetS are the words "Yes''
anu NO, with square spaces .opposite
eacn word for the voters cross in all
respects similar to the regular Austria
nan voting paper. 1t becomes the
duty of the secretary of state tn Gov
ufy up to each county auditor sucb
laws as have passed the ordeo1 80 49,.
people.
Inc total number of votes cast at
the last preceding general election is
taken as the basis upon which 5 ner
cent OF the electors shall be deternin-
co. winch total vote shall be that cast
Tor governor. The substance of the
initiative law proposed must be am-
oooled In each petition All qualified
electors are empowered to sign nett
lions. All unqualified persons s;onir.
such petitions are liable to fina ~
$500, or imprisonment in the state nan
itentlary for a term not exceeding five
years, and the court may, in fts dis
erection, impose both fine and imnris-
onment. The act went into effect I'M,
medlately after its passage.
Ii We We're to hazard ruass -
would be that, for practical purposes
the law isn't worth the paper on which
1t is printed, and that it will be amend
ed or more likely repealed altogether
at the next session of the legisla t,,re
1t is such large-sized chunk of initia-
lve-and-referendum that even ho.
constructor would hesitate TO tackl. 80
digestion. 40
,,, inc appointment of ex-Gov. Merriam .,
Wisconsin, as director of the census is NJ
SO PAD as might have been expected hut ~
IS in many regards very bad indeed ~rb ~