The Richmond Virginian. (Richmond, Va.) 1910-1920, 1913-02-28
Initiative and Referendum
BY G. b. GARRETT.

PART v
The Initiative and Referendum in the States.
Prior TO the last general election in November
1917, these devices. in form or another, had
been adopted in nearly one-fourth of the Com
tnonWealths of the Union. Beginning with South
oaKota In 1879, they Cor one OF them) were in
corporated into the constitutions of the follow
ing States: Utah, 1900; Oregon. 1902; Nevada,
Is04; Montana, 1906; Oklahoma, 1907; Maine
1908; Missouri. 1905; Arkansas, 1910: Colorado
1910; California. 1911; Ohio. 1912.
IN the following States. the question of their
adoption has either already been decided in the
atlTmanve, or win be In short time: Nebraska
Idaho wyoming. Wisconsin. Arizona, New
Mexico, North Dakota
AS indicated by our definitions the initiative
IS scheme whereby small percentage of the
by popular vote; the referendum is a plan
whereby small percentage of the voters may
to the electorate for approval or rejection These
genera! principles have been worked out in
Methods of Operation
II The initiative may be separated from the
referendum, as In Michigan, where constitu-
tonal amendments only may be initiated by Pc
tition and the referendum can be employed only
when the legislature sees fit to refer of its
acts TO the voters.
I'll The initiative or referendum may be re-
stricted to statutory enactments leaving judicial
control under the State constitution unaffected
Iii. The initiative referendum may be en-
ployed only in the case of constitutional pro-
visions.
'IV The referendum may be exercised alone
in Michigan
~. me referendum may be set in motion by
an initiative petition-by five per cent of the
voters. or twenty-five per cent
VI The referendum constitutions and
constitutional amendments may be compulsory
as is well nigh universal in the United States
today.
"VII. The initiative may be coupled with
provision that the Legislature may submit in
addition to any initiated measure an optional
provision giving the voters choice between the
proposal of the private parties and that which
has been debated and dgested in the legisla-
ture.
N.Y.
a provision that any measure initiated which
may be adopted by the State legislature in due
form shall become law. unless on a petition
of the voters referendum is required.
TX. The number of voters necessary 20
initiate a constitutional amendment may be fixed
at definite sum or percentage of the voters,
and a larger number may be required to initiate
constitutional amendment than LIS required
to initiate an ordinary statute. For example.
in Oklahoma, eight per cent of the voters may
initiate a legislative measure, while fifteen per
cent are required to propose amendments to
the constitution by petition.
tx A differentiation may be made between
the number necessary to initiate new measure
and the number required to sign referendum
petition on an act already passed by the legis-
lature.
Number OF Votes.
XXI. A large number of variations may be
made in the number of votes necessary to the
enactment Of any particular provision into Law,
1t may be simple majority of all those voting
for or against the measure. 1t may be simple
majority OF those voting for and against the
measure, provided that majority is equivalent
to certain percentage of all the votes cast for
some particular officer at a general election. A
difference may be made between the vote
Gured for the approval of initiated measure
| and that required on a legislative enactment re-
ferred TO the voters petition; as. for example,
| in Oklahoma, where a measure referred to the
people by the initiative can go into force only
when approved by majority of the votes
cast In such election" while Legislative
ure referred to the people by referendum Pc
tition need be approved "by majority OF the
votes cast thereon and not otherwise
XII The initiative may be restricted, as in
the proposed Wisconsin constitutional amend
ment by provision to the effect that 1t can
apply only to measures which have been in
PRODUCED in regular form in the State legislature
the design of this being to secure a certain
amount of legislative consideration OF any meas
ure referred TO popular approval.
XIII. The initiative and referendum may
be accompanied by provisions designed to secure
general publicity and to educate the voter,
Is the case in Oregon.
XIV Finally, the initiative and referendum
may take the mder form OF public opinion
bill such Is provided by the Illinois law Of
1901 authorizing the submission OF any question
to popular vote the initiative of certain
percentage of voters, with the understanding
that popular approval of the proposal constitutes
merely a pious recommendation to the legisla-
ture."
The Deciding Questions.
In conclusion, the question to whether this
reform should be adopted and our constitution
amended reduces itself down to two simple ques
tions, first has the legislature in the past been
recreant to its trust and, secondly, do we be-
eve in the theory that the people are the source
of all power in government and that their wiz
should be the law.
To the first question we find the answer in
the checks put upon the legislature by the con-
stitution in the impoverished condition of our
treasury; in thu terrible burden of taxation and
in the refusal of the Legislature to adopt needed
reforms
To the second question, there can be but one
answer The upward trend of the finds
its contamination in democracy and we have
reverses, the people will rule as surely as God
regns.