The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1911-03-11

to the same methods of government
for 100 years, a strong presumption
has certainly been established that
these methods are the best. at least
for that particular nation.
Is the New Way Wiser?
But a presumption, however strong,
must give way before a demonstration,
and if it can be demonstrated, either
by reason or experiment, that the sys-
TEN of government proposed by our
latter-day leaders is wiser than that
which has thus far prevailed, not only
in our own country but in every other
important nation in the whole world
then we would be most foolish to re-
fuse to adopt it.
But is the new system wiser than
the old-in the matter of making laws,
for example? The old system vests
the law making power in a legislative
body composed of men elected by the
people and supposed to be peculiarly
fitted by reason of character, educa-
ton, and training for the performance
of that duty. These men come togeth-
er and give their entire time to the
consideration of proposed legislation,
and the laws they enact go into imme-
date effect, and remain in force I'M
til set aside by the courts as unconsti-
tutionaI or until repealed by the same
this plan no law of general application
is likely to be brought forward unless
there is a Widespread demand for it,
no measure of Importance can be
passed without critical examination
and discussion, and when passed it
presumably represents the Judgment Of
majority of the people
Initiative and Referendum Explained.
The new system-taking the Oregon
law, for example, and it is commonly
cited as modeI-provides that per
cent of the voters Of a stat may sub
NIT a measure directly to the people,
and if a majority of those voting upon
it give it their support it shall become
a law without reference to the legisla-
ture or to the governor. That is the
initiative. And 1t provides that II B
per cent of the voters are opposed to
a law which the legislature has passed,
upon signing the proper petition the
law shall be suspended until the next
general election, when the people
shall be given an opportunity to pass
upon it. That is the referendum.
1t is to be noted that a very few of
the people can put all the people to
the trouble and expense of vote upon
any measure, and the inquiry may we'll
arise whether the cause of settled and
orderly government will be promoted
by vesting power in the minority thus
to harass and annoy the majority. In
doubt that the prohibttory amend
ment, or some one Of the statutes en-
acted for it's enforcement, would have
been submitted again and again II
the initiative had been in force there
these past twenty-five years.
Ballot Seven Feet Long.
Once more let us observe under this
system no matter how few votes are
cast upon a given measure, if there
fO1 ar e.
comes a. law, so that the possibility
is always present that laws may be
enacted which represent the judgment
or the interest of the minority rather
the majority of the people.
There is South Dakota for example,
where under the initiative the ballot
which I hold in my hand was sub
mitted to the people at the recent cleo
ton This ballot is seven feet long
and fourteen inches wide, and it is
crowded with reading matter set in
nonpareil type Upon this ballot
there are submitted for the considera-
ton of the people six legislative prop
ositions Four Of them are short and
comparatively simple. But here Is
one referring to the people a law
which has been passed at the preced-
ing session of the legislature dividing
the state into congre ssional districts.
How many of the voters CT South Da-
kota do you suppose got down their
maps and their census reports and
carefully worked out the details or
that law to satisfy themselves Wheth-
er or not it provided for a fair and
honest districting of the state? They
could not amend it, remember, they
had to take it as it was or vote 1t
down. In point of fact, they voted it
down; but who will say that in do
| ing this they expressed an enlightened
judgment or merely followed the nat
/ Two n
mo- on a proposition they did not I'M
| derstand? And here is a law to pro-
vide for the organization. maintenance,
! equipment and regulation of the Ma
tional Guard of the state. This bill
contains seventy-six sections 1t oc-
cupies four feet four inches of this
seven-foot ballot. 1t would fill two
pages of an ordinary newspaper.
How many of the voters of South
! Dakota do you suppose so much as
read the law through before they
reached the polls, and how many of
them do you suppose would have been
able to cast their ballots if they had
demanded the right to read it after
they went into the booth?
Discredit Representations.
They graciously consent that the
people shall continue to elect repre-
sentatives to a legislative assembly,
but they proceed at once to discredit
these representatives-and incidentally
to impeach the judgment or the hon
esty of the people who elected them
| by proposing a fantastic scheme
whereby legislation may be enacted
entirely independent of them.
They will still permit judges to be
chosen, but they propose plan where
! by the wisdom and justice of their de-
cisions shall be passed upon at a pop
ular election, thus preparing the way
for campaign in which We shall wit
ness the edifying spectacle of a candi-
date for judicial position enthusiast
tically declaring from the stump that
| if elected he will render such and
such a judgment. They will continue
| to elect administrative and executive
officers, but If one of them is charged
| with failure to do his duty or with