The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1910-08-25
POLITICAL GOSSIP.
Initiative and Referendum an
Issue Before Party Council.
Effort Will Be Made to Adopt a
Plank.
OPPOSITION IN FORCE.
Probably the Real Battle of the
Meeting.
Authorities Quoted 10 Prove 1t
Won't Work.

The reform politicians and writer's of
politics IN Kansas are discussing the
initiative and referendum nowadays to
the exclusion of the 4ariff and other
f1eeting and unimportant Issues, and
there is no doubt but that such a plank
will be presented 10 the party council
next week for acceptance. William AL
len White and some of the most inf1u-
entail Of the progressive leaders will
stand sponsor for the direct legislation
with a whoop.
During the last legislature Arthur
Cranston, of Labette county, advocated
the passage OF direct legislation meas
ure and square dealers and machine
men alike called him "old initiative
and referendum and joked him I'M
mercifully about the wheels he had in
his head. Cranston has now been JUS
titled and he ought to be made chair
nan of the state committee and speak
er of the next house of representatives
in recognition of having blazed the way
for liberty. The opponents of the plan
are already busy and one of them has
compiled the following:
The matter of the initiative and ref
erendum was checked up to the su-
prene court of the state of Massachus-
NllS IOL 81 very lOliS ago anu that DOuy
found that such thing had never
been dreamed of by the callow trainers
of the constitution. and was therefore
not barred from this country. All the
justices took a whack at it but failed
to knock it out. Here is Justice Knowl-
toms opinion of the initiative and refer
enGum and it is WORTH careful study:
I'm adopting the constitution the
people of the commonwealth eSta blish-
ed a represe ntative government con-
IF daV, ay~fr. re 1arr fSIo -
tive, the executive and the judicial. In
these all the power originally residing
in the people was vested. and through
them all the functions of the govern
ment are to be performed The franz
ers of the constitution did not seek to
establish a pure democracy but they
preferred system in which all power
should be vested in Officers chosen by
the people. Nor was it any more con-
templated by the trainers of the con-
stitution that the department of the
government which is charged with the
duty of enacting laws should fail to d o
its whole duty, and should merely pro-
pose to the people laws, which shall or
shall not take effect as the people
vote. The legislature is the laW-mak-
ing body. The peoples representa-
tives, acting together after due DELHI
Grafton. are to complete the work of
making such law as to them seem
good. Under our form of government
to call in the people to vote directly
upon the enactment of a law is in my
opinion, as much an attempt to dele
gate legislative power as the submis-
sion of such question to any other
tribunal"
The justice then went on to draw the
illustration of a judge deciding a case
In court and then calling upon the peo-
pie to vote on the verdict and a gov
ernor granting pardon to a convict
and then calling an election to decide
the merits of the case. The Justice de-
clared that such a course applied with
equal force to a legislative body
DR.. Edwin Maxey, an eminent stud
ent of political science discussed the
initiative and referendum in an article
in the Review of Reviews in which he
declares that the plan first originated
in Switzerland and has been found to
be cumbersome and expensive He
says that it requires the machinery of
the state to be brought into action for
purposes for which it is not well adapt
ed. That 1t is expensive none will denv
for it requires either a great number of
elections or that many laws be placed
upon one ballot, and this latter alter
native is apt to so confuse the voter
that he could have but little idea of
the merits of the bills for which he
votes.
But the chief objection DIR. Maxey
found to the law was the fact that it
provided no plan for amending a bill
by striking out a miScnievous clause
or aQ0lnR a wise clduSe. Inc SIdIe
constitution is weakened" he con-
cludes, by the adoption of legislation
having equal sanction with the consti-
tuition"
But DR.. Maxey's most logical argu-
rnent against the plan, and one that
will be more readily understood by the
average reader. is that it checks up -
the voter the necessity of judging and
passing on measures rather than men
and he argues that the voter is better
qualified to judge men and understand
them than he is political science. Here
is his argument:
Men are as a rule better fitted and
have greater confidence in their abil-
itv to pass upon the qualifications of
legislators about whom they know
considerable than about measures
which they know but little. In other
words. average men study biography
much more carefully than they study
political science; therefore, men more
readily yield to the Judgment of others
as to the wisdom of measure than
as to the qualifications of man. Thus
# might infuse into our civic system
more peanut politics, of which we
are already suffering from an over
dose. In fact, it is easily conceivable