The evening times. [volume] (Grand Forks, N.D.) 1906-1914, 1908-10-03

IUUnI
Gave Second of Years Series
This Morning at the State
University
The convocation speaker this NOR
ming was Bardi Skulason, former
graduate of the university and now
one OF the leading lawyers OF Grand
Forks. His subject was THE Initia-
tive and Referendum" His talk on
this vital topic was extremely inter-
esting and instructive. The speaker
said in part:
Our form OF government, both
state and federal, being representative
instead OF democratic, the theory OF
representation lies at the basis OF our
ordinary methods Of making laws. The
laws are not made directly by the
people but by persons chosen at stat
ed periods for that purpose. This is
strictly true in regard to, ordinary
laws and even applies to a certain
extent to constitution making, since
the original draft of a constitution
is always prepared by representatives
OF the people, although it is, of course,
finally adopted and established by the
people themselves at the polls.
The reasons for the adoption OF the
representative system are we'll known,
one of them being, perhaps, a certain
mistrust OF people in the. minds of
the farmers of the federal constitution.
Jefferson had his mistrust OF the peo-
pie. But the principal reason, or the
one most frequently assigned, would
seem to be the inability of the people,
for various reasons, to act harmon
1ously together as whole, also, that
a few men. selected for their special
fitness for the task OF 4aw-making, are,
in theory, caapble of formulating bet
ter laws than the masses of the peo-
pie, who are supposed to possess
neither the skill nor the leisure req
uisite for that purpose. But it Is said
that this theory has not worked out
In practice and that the representa-
tives Of the people have often been
found wanting in the qualifications
which make the reliable and wise law
giver. Much OF our legislation is Of
ten crude and some Of It is positively
harmful. The reasons for this are
many. the chief one being, apparently,
that the great industrial Organizations
being controlled by the law, have in
some instances sought to shape the
law to their own ends, and for that
purpose have approached the law
makers with arguments and induce
ments which have sometimes over
come their sense of duty to their con-
stituents and caused them to forget,
for the moment. that they are repre-
sentatives of no special interests, but
OF all interests and of all the people.
No doubt there has been much ex-
aggeration as to this alleged unfaith-
fulness of our lawmakers. but, howev-
,er, that may be, the belief that this
condition exists is deeply rooted in
the minds Of the masses and they
have for some time been looking
around for remedy. The ease with
which one set of legislators can be
retired to private life and another set
fresh from the people substituted, was
for long time, and still is, in some
quarters, conside5ed an ADEQUATE
remedy. but it is argued, with plaus-
Utility, that this is Intellectual, be-
cause the same special interests are
apt to be found on hand, awaiting
the new legislator to use upon him
the same influences which had been
effectual with his predecessor. AS a
result of all this, the people have
come to believe that for the sake of
their own safety, they must change
their fundamental laws, their consti-
tutions, and reserve to themselves the
power to propose, reject. and enact
laws directly, without the legislature
as an Intermediary. This does not
mean the doing away with the legis-
lative assembly, but simply the cur
failing OF its power and making it's
every act. with the exception of mat
tiers dealing with health, safety and
public defence. subject to complete
notification by a majority of the vot-
ers, and enabling the people, as above
stated. to initiate laws and enact them
at the polls, even in the face of an ad-
verse legislature and governor.
In some instances this change in
lawmaking is not confined to ordinary
legislation but may be applied to the
fundamental law, or constitution oil
the state. This proposed change has
acquired the designation of the initia.
tive and referendum. The legislation
establishing 1t is much the same ev.
reywhere and the so-called Iceland
bill. or proposed amendment to GU,
constitution, may be regarded as typi.
cal OF the most advanced form. We
may, therefore, turn to that bill 70,
a comprehensive. view OF the initia.
tive and referendum.
4 The Iceland Bill.
"This bill or resolution proposes
an amendment to section rs of article
70 of the constitution, which in its
original form reads as follows: The
legislative power shall be vested in 8
senate and house of representatives.
The whole resolution is an ampliflca.
ton and change of this one short sen.
tence. The scope and nature Of the
proposed change is seen at a glance
in the first paragraph: The legis.
latfye authority of the state If Nortt