The advocate. [volume] (Charleston, W. Va.) 1901-1913, 1912-03-21

iIhe people themselves, ~ x Z; =, :
The operation and purpose of the
initiative and referendum were sjex.
planned in creAr and lucid manner,
by the highest Court in Oregon In
case known as Oregon, VS.. Pacific
states Telegraph and Telephone Com
pany. So Ore. 1852. Said the Court;
BY the adoption Of the initiative
|and referendum into our. constitution
the legislative department. Of the state
Is divided into two separate and dis
inrt law-making bodies. There re-
mains, however, as formerly. but one
legislative department of the state,
1t operates, it is true, differently than
O"fore-on@ method by the enactment
I"i laws directly through that source
Q! all legislative power, the people and
he other. as 70, merly, ny their Rep
r"Sentativos-but the Schange thus
Wrought neither gives, TO nor TAKES !
from the Legislative Assembly the
power TO enact or repeal any law, eX-
lrep' IN such manner and. TO such en-
tent as may therein be expressly
stated. The powers thus 're- ,,
served 10 the people merely. took from
me Legislature the exclusive right
10 enact laws. at the same time. lear- !
'nS It coordinate legislative body
with them. This dual system of max !
| lnG and unmaking laws has become =
| III" settled policy of the STATE, and so ,
recognized by decisions upon the sub
jec,." .... .Z !
South Dakota was the first state To !
adopt the initiative and referepdum I
and its laws on the subject arr -re-l
garded as models of the kind. Tho !
south Dakota Constitution originally /
! Provided thN "the legislative poweis,,
sha!lr he vested in a Legislature, which |
snail consist of Senate and q House
OF RepI esentaUives." This was amend ;
ed by adding provision that "the !.
people expressly reserve to themselves !
ne right 10 propose measures. which,
measures the Legislature shall enact |
and submit to 4 vote OF the electors
OF the state. and also the right to re-
Qulrc &hat any laws which the Legis-
lature may have enacted shall be sub
United to vote of the electors of the !
state before going into effect, except !
Such laws as may be necessary for
the immediate preservation of the /,
public peace, health or safety, support
OF the state government Nand its ex- !
listing public institutions; provided
that not more than ) per centum of
the qualified electors of the state shall
be required to invoke either the ini~l
tative or the referendum
When the per cent or more of the !
voters wish TO use the referendum on
any law passed by the Legislature in
that state they file petition with the !
secretary or State within 80 DAYS af-
Ter the adjournment of the Legisla-
ure. The law must then be submit
| ted to the people, AS will be seen
from the quotation Just given from
the constitution, CHS D per cent cal |
also propose legislation through the
INITIATIVE which they do through a !
petition to the Legislature That !
. body has no choice; it must submit |
GOA referendum the law thus proposed |
/ through the initiative. If the result |
'"f the referendum is favorable to the |
proposed law it goes into effect at !
once
BESIDES this statewide referendum !
local laws and ordinances in the cit-4
; les and towns of South Dakota are
= submitted to the vote of the com-,l
munities affected by them. In San
Francisco the initiative and referen- |
dum are in force, but it takes Is per
cent of the voters to invoke the mi |
tiative,.
; 1t is generally assumed that tho
adoption of the initiative and referen-
DUN would lead to more radical legis-
'a'loh. However, DR. Edwin e. Slos- |
son, writing to the Independent from
switzerland. where he has been a |
: spectator at a referendum election |
expressed the opinion, based on what
ne has observed, that the electorate
was more likely to err in the direction
or conservatism than of radicaljsm |
Tic wrote after seeing the referendum
wipe an old-age pension law off tho
statute books three mcs1ths after it had
| been enacted |
me recall had its American begin
hlngs ~in--Les> Angeles where :it,-was
inserted in the city charter in 1903
The clause providing for-it announces;
ne holder of any elective office NAV
De removed at any time by the cleo
tors qualified TO vote for successor
of that incumbent" If % per cent
! or the voters petition for the removal
OF such an officer the petition is filed
with the city clerk 1t must contain
q statement of the reasons for which
the oftieials removal is sought.
The city clerk has 10 days in which
to ascertain il the petition contains
the requisite number of signatures,