The Lexington intelligencer. [volume] (Lexington, Mo.) 1901-1949, 1904-11-05
rHR MrIArNR AND REFRRENDuM.

Frank L. Schofeld, president o
the Missouri Bar Association, In al
address delivered at the last meeting
of the Association reviewed Will
great care the proposed initiative
and referendum amendment to thu
constitution Of Missouri, which the
voters Of the state are expected Il
r pass upon at the election next week.
He calls attention to the fact that
the amendment is framed 10 three
paragraphs, the first providing for
the referendum 10 the case OF statutes
passed by the legislature; the second,
for the initiative and referendum In
the case Of legislation desired by the
people but not acted upon by the
legislature; and the third, for both
the initiative and referendum in the
matter of constitutional changes.
Mr.. Schoield calls attention to the
fact that while a casual reading
may lead to the conclusion that the
first paragraph exempts appropriation
acts and acts for the immediate pre-
servation Of the public peace, health
and safety from the review at the
hands Of the people, a more careful
examination OF the language shows
that such Is not the case. Such acts
are permitted to 20 into effect i'm.
medlately but still may be set aside
by a popular vote. He further shows
that the amendment fails to state
what majority, II any, is required to
annul an act Of the legislature, and
when the decision Of the people is to
go into effect-an omission the more
striking in view Of the fact that the
ether amendments carry provisions
specifically defining these particulars.
OF the second and third paragraphs
Of the proposed amendment, Mr..
Schofeld says;
ut is to be observed that under
the provisions of the End clause and
10 respect of legislation enacted in
pursuance Of the authority therein
conferred, the General Assembly has
no office to perform or any function
Or duty whatever; and further, by a
later provision, ''the veto power of
governor shall not be exercised
to the laws approved or enacted by
electors In a word, this clause
the proposed amendment erects an
additional and entirely separate aud {
Independent legislative body, to-wit, S
jhe body Of the electors at large, and {
Upon which it confers the full I
legislative power of the state in all l
matters Of ordinary legislation.
"The third clause has reference
to constitutional amendments
md provides in substance that twenty '
'er centum OF the electors In the :
congressional districts Of the :
tate shall have power TO propose any :
amendment to the constitution, ''and :
that such amendment be
eferred to the next general election, !,
'rovided, the election does not occur
within six months after the filing of
he petition with the secretary of :.
tate, and such constitutional :.
mendment shall be 10 effect from '
nd after the date of the official !,
eclaration Of the result Of the vote, :,
approved by a majority of those .
thereon. i.
SIN this case, as IN the other last
to, the action provided for !
lust be both initiated and con. !.
minated by the people alone and 9
holly independent Of any action on >,
ne part Of the legislature. =,
''rhere are some other especially :,
oticable features contained in this :
roposed amendment which remain to
pointed out. One OF these is that
contains no provision authorizing
Legislature by any action on its
art to submit any statute to a :,
opular vote before it shall become
fective. II the General Assembly
Iercise the legislative power at :,
!, 1t must do so by the enactment Of =
competent act, valid and effective :.
ithout any action on the part Of the
On the other hand, all the :,
gislative power exercised by the
under the provisions Of the
nendment, must be initiated and =
'rried forward without reference :.
or requirement Of any previous =,
'tion by the legislature. II a refer. !.
ice be desired even nv the leolslo.