Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1912-03-28
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DIRECT LEGISLATION,
CFrom the Rutland Herald

DIRECT LEGISLATION.
CFrom the Rutland Herald.)
1t should not fail Of interest and prof,
for the American citizen now Interested
IN the matters Of Initiative, referendum
and recall 10 review the experiences of
the Atheninns In tho time Of Pericles. IN
those days every public question was
decided by the eoclesia or general Assem-
bly, before which body every Athen,an
had the right TO speak and vote. The
voters constituted q body Of about 81 600
citizens and the subject matter Of their
deliberations and votes affected a ter
ritory about as largo as a county in this
country.
a pure democracy; political historians
have given the system great credit for
certain reforms, Herodous and
related TO the stimulation OF the energy
and Initiative Of the individual perhaps
tho historians were not so far out but
whether or not the system was a failure
is quite another matter. In point Of fact
It was not long before its imprac,ic-
ablit} became apparent The Athenians
deal with that the Americans have to-
day. For while every citizen had the
r!Eht to speak and vote very few com
par atively availed themselves Of tho
privilege OF speaking
| These for the most part were trained
orators who knew every trick Of tho
forum: who had schooled themselves in
the art Of making black appear white
/ u hn hu1 Iob M ia
in invective and rdicule which never
failed 10 attract the rapt attention Of the
true Athenan.
! A time came when an ambitious young
politician, Alcibades, DESTROYS OF making
raise for his own purposes persuaded
tho eccesia 10 embark upon an imper-
iaistic policy which contemplated tho
equipment and financing Of an expedition
against Sicily.
! While the young gentleman was st'll
before It the ecclesi1 became wildly en-
thusiastic and necessary funds were in
vested in the expedition which set sail
for conquest and pef. Hardly had the
fleet got under way. when the opponents
OF the scheme began to get in their work
their fine Athenlan hand. as 1t were
with the effect that the ecclesia lost no
time in recalling Alley from his position
as commander and thereby drove the
first nail into the coffin Of the expedition
az we'll as the general theory Of recall
| 1t was some years after this that the
AtEenians won a signal victory which
seemed likely to restore the prestige they
hal lost in various ways But here
again the influence OF the orators prevail
ed in the ecclesia and the generals who
made the victory possible were condemn.
ed without trial by the vacillatin tribunal
of the people. This very naturally depriv-
ed them of the very talent they needed
realizing this, they promptly Topped and
ordered the trial of those who had urged
the execution of the generals.
| This woathercock kind Of law giving
at least furnished political excitement
to the participants. but it can hardly
be regarded as having been wholesome
| The Athcnian ecclesia had what in a sense
may he regarded as the forerunnor of our
committees on legislation. known as tho
| Boule, consisting of 500 members, who's.
duty it was 10 keep things moving and to
prepare legislation. No measure could be
voted upon until tho Boule had considered
and recommended II. After it had been
reported to the main body it could then
be passed. ame;'del or rejected or a sub
stitute could he adopted.
The initiative enabled tho ecclesia to
require Of the Boule to send IN a recon-
mandatory report of any question II desir-
ed to take up-an ingenious device 50
far as II went. But those astute poit-
clans did not have II all their own way;
they had. strangely enough, a very ngor-
GUS civil service system in those days.
After a person had been elected to office
| by lot. he was required to pass an en-
animation as to his fitness before a
legal examining tribunal. AS to civil
officers, the recall was not generally used,
hut they were subject to Impeachment
at any time during their terms Of Office
! besides this. those holding magsterial
offices were obliged to turn In a forma
report to the Boule ten times year; IL
ANYTHING wrong developed they were
promptly turned over for trial to the
courts To make matters even more diff
ficult. the ecclesia itself held ten meetings
a year when it took vote as to the COM
potency and honesty of the magistrates.
This laid the field open for complaints
which II sustained against any magistrate
caused his suspension until his case could
be heard.
| II he were convicted. the iudgment
carried discharge; il he We're acquitted,
lie simply kept on saving wood. At the
end of his term he was required to hand
In another report of the entire rec
ord of his term to board
of examiners until he was formally dis
charged. he was enjoined from leaving
the state and his property was tied M.
This system will be seen to be rather
more drastic than the recall, but II did
not seam to deter the Athenians from
onering themselves as candidates The
Jury system was a huge Joke. At the
beginning Of each year. 5000 citizens were
chosen for jury service. The normal size
OF jury IN . given case was 500 while
sometimes II was increased to Zoo and
the cases were decided by a majority
vote.
This was another reason why the recall
of the judiciary was unnec essary, for the
people themselves constituted the 1udt-
ciary. return TO such ''muttons'' as
the pure democracy of Athens, somehow
appeals TO the disabilities