Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1910-08-29
Initiative and Referendum
How They Have Worked Out Elsewhere and
How They viii Work & it Out in New Mexico.
A Clear Cut Exposition of a Great Question.
By FRANK w. CLANCY.
Attorney General of New Mexico
((ontnucd Prom YestcrhaYl
By FRANK w. CLANCY.
Attorney General OF New n
Continued From Yesterday

might be perverted so as to accomp-
lah more injurious effects than those
experienced under present conditions
A quotation from the recent work OF
"Stimson on Constitutions" which is
highly esteemed by students OF such
matters, may be Instructive:
"The writer believes the most serl-
Gus danger OF the initiative and refer
endum to be its perversion to the
very corrupt purposes the institution
IL designed to prevent. 1t would be
easy enough for a public service cor
poration, directly or indirectly con
trolling possibly q tenth of the vot-
crs OF an entire city, to propose COM
plieated laws, by initiative, which the
people might find hard TO understand
or In which they would take little in
t%crest; and SO rush them through a
popular election by o vote of their
tenth of the votes. the rest Of the peo-
pie no taking the trouble to UNDER
stand the question. The experience
OF constitutional amendments has
shown that the votes upon them are
ridiculously small. In New York, for
instance, in 1905. O constitutional
amendment altering the entire eco
nomical law as to the rate of wages
TO be paid in public work, passed the
| popular electorate by a vote hardly
cne-tenth Of the total vote thrown
800 6Ff - ~ - 100" ih'PplAhiAL
NATTER
As an illustration of this possibility
indicated by Stimson, there ZONES to
us a report of such an election re-
Gently had In the city of Los Angeles.
a scandalous condition existed in tina
city as to i~ll-regulated and vice..
creating dance halls. The city, by
ordinance, attempted to regulate the
evil, h vicious dance hall element
easily obtained the requisite number
OF signatures to a petition for q
referendum on this ordinance and ut
the election turned out In full force,
While the more respectable citizens
took no interest in 1t, and thus the
wholesome legislation of the city was
nullified.
Again, ii Is urged against the adop-
ton of the initiative and referendum
that If the people have not sufficient
knowledge II judgment to select
decent, honest and incorruptible leg
islators, will they have any better or
more Judgment-will they be trans
formed from supine instruments Of
wicked political leaders into beings of
superior Internationally because
they are called upon to vote upon
the adoption or rejection of acts of
legislation, some of which may be
long n complicated? Those Of us
who are advocating earnestly and sim
NRAtiN NV AAVpAibH VI the INITIATIVE ]
and referendum as necessary to the
salvation OF the people, have been
giving 20 the matter careful and la
horiOus attention, but how many of
our follow-voters, of the average
class, have given any such attention,
or ever will2 These are practical
considerations which should he given
some weight certainly.
Another objection which is made
Is as to the possible multiplication Of
elections, involving much expense to
the public treasury, excitement and
disturbance in the public mind. In
the short time that the initiative and
referendum have been in force in ore
gon, between June, 1902, and 1910,
there have been thirty-two different
pieces Of legislation voted upon by
The people, nineteen having been sub
ut one time. We probably are
not willing to admit that the elector-
OF Oregon is very greatly super
ior in virtue and intelligence to that
Of our own state. and there may be
some OF us who will find IL difficult
to believe that the great mass of vot-
who adopted or rejected these
We're fully and intelligently in
as to what they We're doing.
We are not possessed of detailed in
formation as to how the campaigns
these matters were conducted, but
~ u iNl bilhktliitI Dlbhdblt Nfi1l llleN
conducted in substantially the
5ame manne as other political cam
and that the people were led
10 vote for or against by the personal
influence or %eloquence or business
of those in whom they had
confidence or TO whom they were un-
ler obligations? In short, have we as
any definite proofs of the praC-
.ical value OF the initiative ana refer
shdum In EVERYDAY life9
In the consideration of matters of
Importance IL may he OF value
us of the United States to try TO
the opinion Of unprejudiced oft-
iiders as TO the merits of our form
" government. ono of the works of
he highest reputation on this sub
is Democracy in America" !
10y Alexis de T%ocqueville.
There appears to be no dissenting 2
as to the great value of this :
'cok, and in an edition in English d,
published about ten years ago, the !
compliments are paid to him
~ men OF such different political J
and principles as senator Nor J
of Alabama, and Senator ingalls, I
It Kansas, both of them men Of the /
nFhest order of ability imbued with a !
ofty spirit of patriotism, one OF the !
nults which the author found with I
governments was the instability
AiANAA NNAfAAAN w Jaws 81 wv NAA u nv '
'ase with which they could be chang
ID by our legislatures in prompt and r
seryile compliance with the q
feeling of the majority of q
'oters. II space permitted ! would $
.ladly make extensive quotations {
rom his Doe but the above state {
nent must suffice, with the addition, /
however, OF one single paragraph, i
which indicates the writer's idea of d
What government ought to be. After a
having referred To the difficulty of r
obtaining redress for any injury or a
wrong in the United States which may C
lave been inflicted IN harmony with 1
'uhlic opinion. and the necessity of a
uhmitting. mo- matter how iniquitous
n absurd the evil may be. he speaks g
Is follows 4
IF. on the other hand. a legislative J
could be so constituted as TO Il
eprcsout the majority without neces- r
artly being d slave OF its passions; Z
n executive. SO as To retain a GER Z
degree OF uncontrolled authority; {
nd a judiciary so as To remain in n
.cpendent OF the two other powers; II
government would he formed which 4
WOULD stll boz democratic without in y
urrinu % risk 90 "tyranniCl abuse Z
II viii Doe seen that de TocqueNille, r
nth his clear vision. uupreiudiced 10y ;
ssoCiution with local environment n
as u great eyil that the legislative <
cWcr WAS i'm danger or being the
ncre lave Of the passions OF the ma n
GRITTY OF voters. and never Contcms "a
lated the possibility OF the Legislature d