The Taney County republican. (Forsyth, Mo.) 1895-1992, 1911-10-05
Direct Legislation.

sIitv and SOunQneSS OF the lnltatlVe anu
..fe,endum method of legislation will
he determined in a short while. A
Ease from Oregon, involving the right
If the people of that and other states
- legislate by ballot instead of through
conservatives only will soon be de-
.ided by the United States Supreme
Court. State courts have upheld the
;,;tiatiye and the referendum but the
broad question involved in the pending
ease has never been passed upon by
the United States Supreme Court. The
,act should be kept in mind that the
mower to legislate is not inherent in
anv state certainly not in the States
admitted by Congress into the Union
formed by the original thirteen states.
That right has, in every case, been
bestowed by Congress, either directly
or inferentially. The method of legis-
lation has never been seriously con-
sidered in bestowing the power 70
legislate because the method of federal
legislation is the concurrence OF two
legislative bodies, the one representing
the people of the states and the other
the people of districts or separate
portions of the States. This method
obtained in the original states before
and after the formation of the National
government. Not until legislation by
ballot of the people was proposed had
any doubt existed as to the exclusive
right of representive bodies to initiate
and perfect legislation, submitting to
popular vote only such matters as they
might first formulate and approve.
While the initiative and referendum
is a radical departure from the old
established method of enacting and
replacing laws it has been accepted by
number of states, including Missouri
as a protection against evils long domi-
nant in representative legislative bodies.
The people have seen proposed useful
and popular legislation defeated and
bad legislation enacted by such bodies
with no power on their part to interfere.
They have welcomed method under
which desirable laws may be enacted
and Objectionable laws annulled by
popular vote. It has been held by
able statesman and jurists that the
people of any state, while electing a
representative legislature, may reserve
to themselves authority to propose and
enacted by an elected legislature.
In no state of the Union is the direct
method of legislation so helpful as in
Missouri. Dominated for forty years by
one POLITICAL party the General AS
sembly of this state has never failed to
put the brand of that party on its en-
actments, to defeat legislation OF what
ever kind that might hinder that party
and to put on the statue books laws for
controlling elections in its favor with
out regard to the will of the people or
fair division of political territory. In
fact, the only escape now .open to the
people from partisan control of the
General Assembly is the enactment by
popular vote of bills creating fair |
political districts. The State Senate
must remain in the control of one party
and that party will continue to control
the representation of the State in Con-
gress unless the people, by direct vote
change the Senatorial and Congression-
al districts.
The Democratic Leaders fear the
voice of the people of the State. They
know that they are, collectively, a
gainst them while the people grouped
In districts, gerrymandered ior partisan
control, may give them the Senate and
two o-thirds or three -fourths of the con-
gresham. So they are afraid of the
initiative and referendum amendent TO
the constitution adopted a few years
ago. 1t is a sword swinging above
their political heaes. It is menace to
their plans their hopes and their dreams.
They are praying for decision by the
United States Supreme Court that will
make direct legislation by the people
Of this ctote i,npocc;hIo