Tombstone epitaph., 1910-08-28
initiative and Refer
 endum Explained

 more widely discussed, and none are more popular with the masses, than | the "iniative and referendum" plank l sought to be incorporated >ull there | are those who do not thoroughly nm derstaud the init at.vh ard reieren- dum, and it is for t!4's reasun that we give space to the e. wing schOlai ly article upon the subject from the pen Ot Attorney O. Gibson ot iiih,on ci Tombstone, that the average reader may more thoroughly understand him. self. It is worth your petussl. and | here IL is:-
 The Democratic county convention declared unequivocally fo. the sub- ' stance of the Oregon law on the sub | ject of the initiative and referendum, and recall.
 In some quarters there is adispos'tion ! 10 modify the plan of the Oregon law by increasing the percentages neces- ssry to initiate law, or call for the referendum provisions. There is also some sentiment favorable to suomit- ting the initiative and referendum provisions with the constitution as separate provisions.
 As to the first objection, friends of the initiative and reiere ndum should see that the percentages are not in creased so AS to destroy, or even h.nder, the use of those methods. The benefits of the initiative and refer. endum should be easily invoked. The Oregon law requires eight per cent, of the vote for supreme judge to be re- presented on a petition, in order 10 initiate law, and five per cent Of such vote to secure a reference of q law passed by the legislature. to the people.
 We favor low percentages, and favor allowing s majority Of those voting at the election, 10 enact, or approve or disaPprove A law. In establs hi' g this rule we ara bu; trusting the people. WIil not the people act A; intelligently in euacting or ap- proving laA directly themselves, a. they wlll in choosing some hired men 10 go to the legislature and do the ; same things them?
 What IS there to fear from these provisions The enahling act under winch we are proceeding contains the referendum, in that it requires the constitution, and separate provisions thereof, to he submitted U the people for approval or rejection. Ii the pec- pie can be trusted to adopt their organic, fundamental law. they can surely te trusted tU pas a law, inferior and subject to, their organic law. The , greater power must contain the less.
 The federal constitution, and the constitutions oi all the states, except those Of Ohio and Arkansas, have been adopted by referendum vote. In our present territorial statutes We ha, C both the initiative and referendum in operation. A certain percentage oi . qualified electors can now initiate an election to change & county seat, or determine whether the sale Of intox- icating liquors shall be prohibited The initiatory principle is recognized in leyying special assessment 10 street improvements, incorporating cities establishing no fence districts, esta b. fishing school districts. and laying out and changing roads. We now issue school bonds, levy specisl taxes, establish high school districts or grant municipal franchises by means oi the referendum. Our supreme court has |, decided in the case of Sharp vs George } ATiz 65, 46 Pac. PIP, that the mas jority required in an election to es~ tab'ish high school district, means a a majority oi those voting at the elec- tion. In the case of the Territory es .el Sherman vs Board of Supervisors of Mohsve county Ariz. 2IS, l2 Pac. 730, decided in lssT.) the same court has approved the initiative AS applied to county seat elections, and the local option law was approved in the ease Of Thalheimer vs Board of Super. visors of Msricopa county 9i Pac. ll29.
 The initiative and referendum should be written in the cOnstisution by the convection. II law Is sp- proved by the people in an election under the initiative, it becomes law upon the issuance of the proclamation of the governor announcing the re- suit such an act Is legislation there ! fore, in all respects on an equality with that enacted by Legislature. If we are to have both the initiative and referendum, and the legislature, ! there will be two distinct methods of legislation. No one ever saw con- stitution since the institution of our form Of government, that did not limit and define the powers of the