Evening star. [volume] (Washington, D.C.) 1854-1972, 1913-05-06

| voters. In this condition the effect of the
initiative. referendum and recall is to
strengthen the hold of the vote-control,
| ling boss on the executive. legislators and
| judges whom he has elected, and whom he
may deprive of all initiative and all In
dependent power for good by threat of
or judge refuses to be subservient to his
will he can recall the recaicitrant to pri-
vate life through his voting machine.
Through the same machine he can ini-
legislature. and through the same ma
chine he can by application of the refer
endum override the opposition In the
legislature to his measures deemed OBJ
jectiOnable. BY use Of the recall Of ju-
dicial decisions he can substitute himself
for an upright judge who opposes his
schemes. Controlling the electorate. he
can recall the good official on some
plant tool 1t thus depends on the cleo
torate whether recall will be of bad
official through good motives or of good
official through bad motives.
Along whatever line of reasoning We
advance, the final responsibility in the
matter Is found to attach. in large
| measure. to the people themselves.
True Function of Radical Devices.
Many advocates of the initia tive and
referendum recognize that the direct leg
islation which would result from the dis
placement of representative government
by the substituted and regular use of
these devices would not be suitable for
the government of the United States or
the several states. and that the evils to
spring from the application of Athenian
direct government to the United States
would far outweigh the evils which we
have permitted to develop in our repre-
sentative government of today. These men
wisely disclaim any intention to abolish
representative government by direct gov
eminent of the people. They claim that the
erect of the power to use and of the &C.
casional use of these devices is to inn
prove and not to destroy representative
government. The beneficial effect sug-
gested consists in impressing upon the
representative his responsibility to the
people and in causing him to fear to
yield to the influence of the special in
terests as against the people. Woodrow
wilson has aptly voiced this thought.
saving of the initiative and referendum:
These measures are supposed to be
characteristic Of the most radical pro-
grams and they are supposed to be meant
to change the very character of our gov
err They have no such purpose
Their intention is to restore. not to de-
stroy, representative government.
II We felt that we had genuine repre-
sentative government in our state legis-
latures no one would propose the initia-
tive or referendum in America. They
are being proposed now as a means Of
bringing our representatives back to the
consciousness that what they are bound
In duty and in mere policy to do is to
represent the sovereign people whom
they profess to serve and not the private
interests which creep into their counsels
by way of machine orders and commit
tee conferences. The most ardent and
successful advocates of the initiative and
referendum regard them as a SOLDERING
means of obtaining genuine representa-
tive action on the part OF legislative
bodies. They do not mean to set any
thing aside. They mean to restore and
reinvigorate rather"
The same authority suggests similar
limited scope of application to the re-
call and vigorously denies any value
whatsoever to the recall of judges. He
says:
THE recall is a means of administra-
devised 1t is a means of restoring to
administrative officials what the initia-
tive and referendum restore to legisla-
tors-namely. sense OF direct respon-
sibility to the people who choose them.
The recall OF judges is another matter.
not administrators. Their duty Is not
to determine what the law shall be. but
to determine what the law is. Their in
dependence, their sense of dignity and
of freedom is of the first consequence to
the stability Of the state. To apply to
them the principle Of the recall is to set
up the idea that determinations of
what the law is must respond to popu-
It is sufficient that the people should
have the power to change the law
when they will It is not necessary
that they should directly influence by
threat Of recall those who merely In
terpret the law already established. The
Importance and desirability of the re-
call as a means Of administrative con-
troll ought not be obscured by drawing
it into this other and very different
field"
Representatives Not Solely to Blame.
This value of these devices as stimu-
lants to representatives is at maximum
il 1t is assumed Gan assumption contrary
to fact in many cases. that the people
as distinguished from the interests have
nominated and elected a representative
and that the latter without any contrib
uting fault Of the former has betrayed
his trust, and from corrupt motives
sacrificed to the interests the people who
have chosen him. On the other hand
this value of these devices is at a min
imum when the people by neglect of civic
obligations have permitted mere frac-
ton OF their number organized under
a boss and machine, influenced by the
interests) to nominate and elect their
representatives. For IL the primary fault
is with the people and if the culpable rep
resentadve, through the peoples neglect
to vote. really represents those who nomi-
mated and elected him, the cure of the
evil must obviously be applied to the
people and not primarily to the repre-
sentative.
The responsibility of the representative
is to the voters. the voting fraction OF the
public, and not to the people at large, and
these devices increase the direct respon-
s:bility of the representative to the voters,
and not to the people at large. II the
ganized boss-ied fraction) will vote at the
primaries to nominate representatives
faithful to their interests and at the
polls to elect such representatives. they
will secure loyal and effective agents. II
they will not thus vote there is little
sentatives into the faithful representa-
ton Of the peoples interest as against the
interest of the bOss-led and machine-cOn-
trolled fraction of the people who have
been permitted by the crim.nally neg
lectfuI non-voting public at large to
nominate and elect the representatives.
These devices threaten representatives
with punishment from the voters and
not the people, and unless the people make
themselves the voters the threat has no
efficacy to cause faithfulness to their
abstract interest as against the concrete
interest of the actual voters. II the
people do vote at the primaries and polls
and make themselves identical with the
voters they will nominate and elect
faithful representatives and administra-
tive agents in the first place. and will
not need to correct the results of their
own faults of omission by recalling ad-
ministrative officials. and will not need to
legislate directly under the initiative or
referendum to remedy the misdeeds or
neglects of unfaithful representatives