The Hartford herald. [volume] (Hartford, Ky.) 1875-1926, 1911-05-31
INITIATIVE AND
REFERENDUM
Its Efficiency in ReguIat-
ing Laws.
ITS PRINCIPLE NOT RADICAL
But Conforms to Will of the
People, Expressed by
Majority.
SIMPLY PARLIAMENTARY LAW
[By Hon John F. Shafroth, Gov
ernor of Colorado.

The most important measures
that have been devised by men to
compel true representative govern
ment in States and cities, are the
initiative and referendum laws.
The principles upon which they are
preston in the Declaration of indie
pendence in the statement that the
just powers of government are de-
rived from the consent of the gov
erned.
The initiative law is that which
gives to the people the right by pc
tition to compel the submission of
proposed ordinances and laws to
the voters of the city or State, and
makes them effective by a MAORI
ty vote. The law in Colorado pro-
vides that citizens to the number of
eight per cent. of the vote cast at
the last preceding general election
may sign and file in the Office of
the Secretary of State, four months
before a general election. a petition
for the passage of any law, setting
forth in full such proposed law.
Thereupon the Secretary of State
shall publish the proposed law, with
notice that the question of its adop-
tion will be submitted at the next
general election to the voters, who
shall, by a short designation print
ed on the ballot, vote for or against
the same. If the law is approved
by majority of the vote cast, the
measure becomes a law of the State
AS it is laborOus and expensive to
procure the signatures of the requi-
site number of voters to the petit
ton, the Legislature is always APP
pealed to first to enact the meas
n-e.
Under our own form f govern
ment all laws are supposed to rep
resent the will of the majority.
Then by what line of reasoning can
peODle object TO the will of that ma
jority being expressed directly by
the people who constitute that ma
jority? True representative gov
eminent does not exist at the pres
ent time. The corrective of retir-
ing legislators from office at the
next general election is too remote
to be effective. The law of the in
itiative removes the temptation of
the legislator to vote against the
will of the people, because it re-
moves the interest of those seeking |
special privileges, or the defeat of |
popular measures in his vote The |
great corporate interests will not !
spend money in endeavoring to get |
legislators, or members of coun-
ellis, to vote against measures de-
sired by the people. when they know
that the people can, at their own
initiative, present for passage be-
fore the voters of a city or State
the same measures. The only re-
sort of such interests then will be
in the attempt to bride the people,
and it will be found that it is i'm
possible to corrupt the majority of
an entire city or State. Even if
this could be done, they would find
that IT would be too expensive and,
consequently, would not be under.
taken.
The submission of measures by
the initiative law is simply the ey-
ercise of well recognized principle
Of parliamentary law. Any men,
Der of a deliberative body has the
right to rise and make a motion; /,
the chairman will recognize the
motion if a second or such number
of seconds as may be required by
the bylaws, can be obtained. Then
the motion is submitted to a vote /
Of the members. The motion and 4;
its seconds are in deality the petit ;
ton, with the requisite number Of |
supporters under the initiative law,
and under the same parliamentary !
principles, the petition, or motion,
Is then submitted to the voters.
There can be nothing radical in in
voking in behalf of the people the
'ame principles of parliamentary
aw that have governed all deliber- :
tive bodies for centuries.
The referendum is a measure by
which the people may annul laws
nacted by legislative bodies. It '
rovides that upon the petition of b
ltizens to the number of five per s
emit. Of those who voted at the last f
receding general election, any law, Il
r ordinance. enacted may be sus- C
ended in its operation until the b