The Washington times., 1911-11-04
THE INITIATIVE AND REFER,
ENDUM APPEAL.


provision of the Oregon constitution
will be sustained by the Supreme Court
of the United States appears the we'll
nigh unanimous conclusion of people
who have listened this week to the dis
cussion of the case on appeal before
the highest tribunal. There has been
concern in many quarters lest the Su.
preme. Court might hold that these
measures fell without that provision
of the Constitution which guarantees to
every State republican form of gov
ernment. So rapidly and extensively
have these devices been extended to
States and cities in the last few years,
and so excellently have they operated
as checks on the legislative bodies that
there is every reason to expect their
much wider adoption in the next few
years. A proposition which has se-
cured adoption in Maine and in Cali
fornia, which is the law of Oregon and
is seriously agitated in Florida; which
has found its way into the systems of
half a dozen States, and is on the way
to almost certain adoption under pro-
cedure already stated in half dozen
more; which is written and working in
the charters of some $50 cities all over
the nation-such a proposition is not
to be lightly rejected without consid-
GRAFTON of the effect on public senti-
ment.
Therefore it is gratifying to note
that all the indices during the Supreme
Courts hearing of arguments pointed
to the probable refusal of the court to
interfere with the plan. The attorneys
for Oregon especially emphasized the
argument that this is a political, not
a judicial, matter. The political
branches of this Government have re-
peatedly committed themselves to ac-
ceptance of this plan. 1t was argued
with much force, and evidently to the
approval of the court, that Congress
has received and seated Senators and
Representatives from Oklahoma, Ore
gon, South Dakota, Missouri, and
Maine, all of which have initiative and
referendum. If these measures ara a
'contravention' of the guarantee of a
republican government. Congress had
no business letting these States be
represented on its floors. Not only
has Congress without question or hest
tation allowed these States to be rep
resented in it's bodies. 1t passed, at
the last session, and the Executive ap-
proved, an enabling act under which
Arizona will come into the Union with
a constitution that includes the initia.
tive and referendum. There could be
no more direct or emphatic approval Of
the system by the Legislative and
executive branches. If, then, the court
shall hold that this is a question for
these branches, and not for the ju-
dietary, the whole question will be set
tied forever in favor of the direct leg
islation plan.
1t is worth while to suggest the ex-
tent to which this revolutionary evo-
luton of institutions has already pro-
gressed. California, South Dakota,
Oregon, Oklahoma, Missouri, Maine,
Montana, Arkansas, and Colorado have
adopted the plan. In addition, all the
States that have authorized cities to
accept the Des Moines commission plan
of government have indorsed initiative
and referendum, because those are part
of the Des Moines system. 1t has been
estimated that 100000 people in this
country are today living under the
operations of this system in either
their State or city governments, or in
both.
But this is only the beginning.
Nevada already has the referendum,
and will next year vote on the initia-
tive. Wyoming, Nebraska, Wisconsin,
and Washington will next year vote
on the necessary constitutional amend
ments, and will undoubtedly adopt the
system. The referendum will be voted
on by Idaho next year. Arizona will
soon come into the Union with these
provisions. North Dakota's Legisla-
ture has once approved the proposal to
submit these amendments to the peo-
pie, and with the approval of next
years Legislature, the proposal will 60
to the people and be adopted by big
majority. Kansas, Texas, Indiana, and
other States have the question actively
under discussion. Indeed, in Indiana
the Legislature has submitted an al
most complete draft of a new consti
tuition that is considered to contain au,
thorization for this system.
With the Supreme Courts deter.
mination that there is no constitu
tional bar to such procedure, there il
every reason to expect that the plan
so generally successful where il has
been tried, will extend to other States
and to a rapidly increasing number oi