Evening capital news. (Boise, Idaho) 1901-1927, 1912-10-27

the voters. which 10 ample time foI
careful consideration. BY the indirect
method the process requires over two
years from the time the petition is be-
gun until the vote Is taken. assuming
at the most, that the legislature re-
fuses to enact the measure proposed
and assuming biennial elections. Two
years is too long. both because II
does not give the voters opportunity to
act in emergencies where long de-
lay, might involve serious loss to the
state, and because the public interest
| in measure may diminish with 90
long a wait.
The California amendment providing
for the indirect initiative on s per
cent petition and the direct initiative
OF an per cent petition is happy
solution Of the question. The ma jor-
ity OF the proposed measures will nat
urally gravitate to the legislature
through the Indirect method because
Of the smaller cost Of the petition re-
quired, and. the direct method may be
used to save time whenever desired. 1t
At unfortunate, however. that the Cali
fornia amendment does not include the
indirect initiative to constitutional
amendments.
(c) The time for securing initiative
petitions should not be limited.
The arbitrary law passed by the Ok
lahoma legislature allowing the voters
only 30 days in which to secure and
file petition after its inception. IL
practically prohibitive to all save those
who can command plenty Of money or
have powerful organization to de-
pend upon. No restrictions should be
inserted in an amendment
ca The legislature should have no
power to alter. a measure in any way,
or delay its submission.
(e) No arbitrary limit should be set
upon the number Of questions which
can be submitted. That IL the peo-
pies business.
III. The Referendum.
(a) Laws passed by the legislature
should not go into operation for 90
DE- IS from the adjournment Of the ses-
sion to give opportunity for rcferen-
dun petitions.
CD 1t should be specifically provid-
ed that laws against which a petition
is filed stand suspended until the vote
upon them is taken.
1t is objected that a good law may
be delayed from going into operation
by this provision. Possibly, on rare
occasions; but 1t should be remem-
bered that the direct legislation sys-
tenn tremendously facilitates progress
i've legislation, which vastly overbal-
ances an occasional delay. Also, the
DIRECTORS forget the danger Of allow.
ing bad laws to remain effective until
repealed. especially those affecting
franchises. the sale or purchase Of
public property, etc.
". The Emergency Clause.
(a) Should, require that all emer-
gency laws be passed by at least a
two-thirds vote Of the legislature, and
carry separate section setting forth
the nature of the emergency.
CD Should be liberal in scope but
specifically prohibit the emergency
from being applied to franchise rights.
the sale of public properties. etc.
1t is often desirable to allow law
affecting some minor matter to go into
effect at once when the public rights
are not endangered, but may be con-
served. Too strict an emergency clause
prevents relief in these cases and Is
undesirable. The two-thirds ma jority
the governors approval, the specific
exemptions and the right of the peo-
pie to invoke the referendum and re-
peal the Law, are sufficient safe.
guards.
(c) Should not Except emergency
laws from the referendum.
No law should be exempt from an
ultimate popular vote II the people de-
sire 1t. The 'joker" In most emergen-
cy clauses now in force is that they
permit the legislature to deny the peo-.
pie the right to vote upon anything a
bare majority. or a two-thirds major
ity. of the legislature see fit to de-
clare Immediately necessary for the
preservation Of the public peace, health
or safety"
v. The Petition.
(a) For an initiative petition there
should be required not more than 8
per cent OF the vote cast for governor,
nor more than $4,000 signatures in any
state.
(b) A ninety day limit after ad-
journment of the legislature is set for
securing referendum petitions usually
There should be required not more
than per cent, nor more than 10000
signatures in any state.
These figures are agreed to by pro-
experience In securing petitions In