Semi-weekly herald., 1912-10-21
JOKER IN RECALL OF
JUDICIAL DECISION BILL.

Some one either accidentally or in
jokered the proposed re-
call of judicial decision bill SO that
it only requires approximate'7 2 per
cent of the electocs of city, town
or county to refer a decision affect
ing such city, town or county while
it requires per cent of the electors
of the state to refer decision af-
fecting state matters. The language
Of the proposed amendment reads:
1.-The whole number of votes cast
for governor at the regular general
election last preceding the filing Of
any petition to submit state law un-
der the provisions hereof, and if
charter or amendment thereto, the
whole number of votes cast for that
officer receiving the highest vote at
the last preceding general election for
officers of such city or county re-
questing such submission shall be the
basis upon which the number of quail
ified electors necessary to sign such
petltlODS small De counted.
In other words petition to refer
a decision concerning a state law must
be signed by 5 per cent of all the
persons voting for al! candidates for
governor at the last general election,
while petition referring a decision
affecting a city, town or county, need
only carry signatures totalling per
cent of the vote cast for the city,
town or county candidate receiving
the highest vote at the last cleo
ton.
In other words, if, this fall, there
are $4,000 votes cast for all candi-
dates for the office of governor and
the proposed judicial decision refer
ence law is adopted, all petitions seek
ing to refer decisions affecting state
matters must be signed by 1880 of
the qualified electors. If, on the
other hand, there are 10000 votes cast
for some county office in Pueblo and
one of the candidates receives 10,100
and that would be the highest vote
cast for any county candidate in Pue-
bio county, then decision affecting
Pueblo county alone could be referred
by petition containing only sos sig
natures of the qualified electors of
Pueblo county.
At the election to determine wheth-
er the opinion shall be reversed, all
qualified electors may vote on deci-
sions affecting state laws but only
the electors in the city, town or coun-
ty affected can vote on the decision
affecting city, town or county mat
ters.
Viewed from different point. Sup
posing the town of Portland, Colo,
has 200 qualified electors. The su-
preme court renders an opinion on
some charter provision of that town.
Some one wants to refer it. Suppos-
ing at the last election there were
several candidates for each office, and
the highest vote received by any can
didate was eighty, then a petition
signed by four of those qualified cleo
tors would refer that opinion and
force a special election. Experience
has shown that on the average about
40 per cent of the qualified electors
vote on proposed laws and amend
ments. If that per cent would hold
good the election would pass eighty
votes and forty-one persons could re-
verse the supreme court of the state
of Colorado.
No one could say this would be fol-
lowing the slogan:
"Let the people rule"
The poke may have been an error
but those who have noticed it be-
lieve it was put there for purpose
by the politically designing Shafroth
Direct Legislation league reformers
that they might reap rich reward
off the trouble they are causing the
people of the state.
The law, if it would be fair, must
allow all the people of the state to
vote on all referred judicial opinions
and should have compelled a refer
ence petition signed by some certain
per cent of all the electors in the
state.