The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1907-04-30
Referendum and Initiative.

The New York Sun publishes an in
structive article on the referendum and
initiative in Switzerland. 1t says that
the institution grew up first because
none OF the separate communities that
originally made up the federation was
large enough by itself to need rep
resentative system: and. secondly. be-
cause the cantons differed materially
from one another rs regards the meth
cd of internal government, a narrow
oligarchy. for example. ruling at
Berne, while the three Forest Cantons
were pure democracies, wherein laws
were made by an assembly of all tho
citizens Under the circumstances the
referendum was invented or borrowed
for the purpose of safeguarding local
home rule and averting encroachments
on the part OF the Federal Diet. The
delegates of the cantons to the Diet
were said to be commissioned ad au-
diendum ct referendum; that is to say,
they were not empowered to agree to
a final settlement of matters of i'm
portance but were simply directed to
hear what was proposed and report
Inc old referendum, therefore. which
did not disappear until after the out
break of the French Revolution, sim
ply asserted the right of members of
the Confederation to reserve questions
for their own determination.
Inc modern institution, says the Sun
ls different in form and effects. 1t ia
pased on abstract theories of popular
iisht derived mainly from the teach
ihss OF Rousseau. who had a strong
aversion to representative government
ana insisted that the English, with all
their boosted freedom, were not really
Tree. because thew III.
at the moment of choosing a Parlia-
ment. which. once chosen, became nh.
solute ruler until the next election
IN the Swiss Confederation the refer
endum is obligatory for all amand-
ments to the Constitution These must
always be submitted to the ponu1ar
vote for ratification. and for adoption
require not only a majority of the
popular vote. but also the assent Of a
majority Of the cantons. Direct nonn1
lar voting upon laws made its first an
pearance in Switzerland under tha
name OF the veto, instituted in the can
ton OF st. Gall in 1881. This veto was
process by which the people could
refuse their consent to q law passed
by the cantonal Legislature. The main
difference between such q veto and the
existing referendum applicable in can
tons to laws is that in the latter case
the rate of law is determined by the
majority Of the votes actually cast,
while in the veto a law was rejected
only in case majority of all the reg
istered voters should have been re-
corded IN the negative. At the present
day IN all of tho cantons except Fret
burg the veto has been replaced by a
referendum OF some kind for ordinary
cantonal laws. about half having the
obligatory and about half the optional
form. The obligatory form OF the ref
erendum requires that all cantonal
laws shall be submitted to the popu-
lar vote OF the canton without the need
OF any petition. Under the faculta-
tive or optional form q given cantonal
law must be submitted to popular vote
II certain number OF citizens petit
ton for it.
If now we turn from the cantons to
the Confederation, we find. as we have
said. that the referendum Is obligatory
stitution. 1t exists also in an OPP
tional form, for on the demand of 10000
citizens or eight cantons all laws and
all resolutions that have q general ap-
plication must be submitted to the
popular vote. and in order to give time
for presenting petition for referen-
dun the laws to which it is applicable
do not so into effect until ninety days
after they have been passed by the AS
sembly.
The referendum, of course. in either
OF its forms has purely negative eff
feet. The Swiss felt that the Legis-
lature ought not to have the exclusive
right to originate Legislation, and they
accordingly invented the initiatives"
which must not be COMPOUNDED with
the familiar right of petition. 1t is
a device by which certain number
Of citizens can propose a law and re-
quire popular vote upon 1t, In spite
of the refusal of the Legislature to
adopt their views. A petition is mere
~ suggestion made to the Legisla-
ture, which may act upon it or not as
1t secs fit. but the initiative takes er-
feet without regard to the opinion OF
the Legislature.
The Constitution OF 1S4S and the re-
vision of ls74 permitted the Initiative
only for constitutional amendments.
Even after the revision of 1891, 1t still!
remained impossible. SO far as the
Confederation Is concerned, to amply
the Initiative to ordinary laws. but It
can be used to make changes OF any
kind In the Constitution on the de-
mand OF $4,000 voters. The amend
ment desired by $4,000 voters may
either be expressed in general terms
or presented In complete and final
form. When the proposal is couched in
general terms the Federal Assembly, II
favorable to It, proceeds to draw up
the desired amendment; II not favor
able. the question must first DO sub
mltted to the people whether the de-
sired amendment shall be made. and In
case the popular vote Is affirmative the
duty OF putting the amendment into
shape Is irtrusted to the existing AS
sembly. The petitioners. however. are
Obliged to rely upon the fairness OF the
Assembly In carrying out their inton-
tons They are Mt liberty to present
their amendment, drawn up in final
shape, and require that 1t hhall he sub
mitted~drectly to tho people and tho
cantons for adoption.