The Richmond Virginian. (Richmond, Va.) 1910-1920, 1913-02-27
Initiative and Referendum
PARr4Iv
PART w..
Referendum ON Amendments to the State
Constitutions
BY G. ID. GARNET


tuition was by another convention called for the
purpose But it was Connecticut in isdS that
Erst tnnugurated a method OF constitutional
amendment that obtains in all thu states ex-
cept one. This method is to have the proposed
amendment adopted by one or two legislatures,
ana then the amendment is referred to the peo-
pie for their approval rejuection; and the &C.
ton OF the people is final on the question South
Carolina alone, now has different method. At
ter the adoption in that State by egisla ture,
the people pass upon the proposed amendment in
an advisory capacity and the next legislature
has the power to adopt reject the proposed
amendment Twenty-seven States require the
amendment to be adopted by only one egisa-
ture. the other States by two legislatures before
reference to the people, Seventeen States re-
quire the amendment to be adopted by two
thirds vote of the Legislature, six require o
three -fiths vote, and eleven a majority vote
While 1t was the early custom to require
should be approved by larger number of cleo
tors than majority of those voting the sub
Ject. 1t Is the tendency that one person
over a half of those voting may determine the
popular WILL
The subjects of these amendments are va
lied They embrace provisions to prohibit the
manufacture and sale OF Intoxicating liquor.
provisions regulating the sale of alcoholic bev-
erages, authorizing the charter of lotteries,
granting pensions to veterans permitting YER
dict of less than the whole number of jurors, in
fact, affecting every department of the govern
ment and instead of growing less, these amend
ments are growing more frequent The reasons
for this are obvious: First as constitutions con-
tain provisions that in their nature descend to
particulars and really statutory, SO the
people when they desire amendment. should
when conditions change; and secondly, when II
has been proven that certain abuses arise and
are protected by some constitutional provision,
the people, having long since lost all obsession
IN the matter OF written authority. promptly
change the same.
The Referendum Statutes or General Opera
tion Within the State.
The constitutions of many of tl1e States pro-
VIDE Tor the submission OF many legislative en-
actments to the people before they shall become
operative laws These provisions relate to
the location of State capitols and State insti-
tutions fixing the rate OF taxation, creation OF
State banks apportoning representation in the
Legislature, and especially In regard to prevent
ing the legislature from mourning state debts
In 1892, the convention in Rhode Island pro-
vided THE general assembly shall have no
power hereafter without the express consent of
the people to Incur State debts to an amount
ceeding $4,000, except in time of war or in
followed by New Jersey in 1914. Illinois in 1s4s.
New York in 1874 Michigan in 1913. Iowa,
Kansas, Kentucky, Montana Washington Idaho
and wyoming. Virginia, without such pro-
vision. after the numiliating experience of re-
self laden with burden Of 1s 600 zoe, the largest
| by far of any State In the Union in comparison
| With her resources; so that as We have seen he
constitution of 1902 absolutely prohibits the
general assembly from contracting State debt
except TO meet the casual deficits In the revenue.
to redeem prior debts, or In case of tnsurrecton.
| invasion or war.
/ In 1s4s, the legislature Of New York submit
| ted to the people the question az to whether
there should be a system Of free schools estab-
II lished not: and In 1888, advisory refer
sndum on the question of contract labor in the
State prison: in New Hampshire was submitted
the question of minority representation In cor
porations; in Nevada, advisory referendum for
| sets on the adysability of extending municipal
suffrage to WOMEN.
/ Referendum or Local Bills
/ 1t is to refer to the localities con-
i cerned the question of forming new counties, of
lines and there is a growing tendency to refer
4 to cities the question of the form of government
4 therein, In Virginia referendum is required
/ to issue school or municipal bonds to change
the site of courthouse, to adopt the mo tence"
law in counties, in local option elections and on
i the question of compulsory education
Arguments Against Initiative and Referendum
I Answered
/ Having shown you that all power in govern
i ment belongs to the people. and having shown
/ In what ways the people have heretofore directly
i affected law making shall briefly take up some
i Of the arguments which have been advanced
| against their more active participation in the
form of initiative and referendum.
4 Destruction of Representative Government.
/ The first argument Is that 1t is contrary to
and destructive of representative government.
In the first place, have already shown, rep
4 resentative government has been already dis
credited by the failure of the representatives to be
inrar,ons ~ arnhho,d 'a.tars h aars,s ~
zine; the debauchery of legislatures practiced in
California. in Pennsylvania and In Illinois, the
bribery of legislators in West Virginia, referred
to In this mornings papers, are sufficient ex-
amples to satisfy any reasonable mind that our
so-called representatives need a greater check
than has been yet devised. But when we re-
member that representative government was de-
vised developed and extended to to the
people the right to participate in government,
I and when we observe that In many cases our
\ representatives simply become the puppets of
u q corrupt machine or the secret agents of some
4 invisible but potent influence, may well
4 ask, is it not time "to have gun behind the
i DOOR"
Lowers Personnel of Representatives.
I Another argument against the initiative and
| referendum is that their adoption will lower
L the personnel OF the legislature. This would be
/ degradation indeed Even the ordinary on
L the street looks upon the legislature kind of
1 necessary evil. AS a matter of fact the adop-
1 ton of these measures would take away from a
L legislator of his power; but before in
L timated. representative government not IN
sttuted for the benefit of the represen tative,
L to add to his dignity and honor; but simply to
L preserve TO the people their rights The people
Of the United States have long since decided that
L the ordinary legislator is subject to too great
I a temptation in the matter OF choosing members
Il of the United States senate, but 1t has taken
L n long time for them to register this decision by
Il compelling their State legislatures to adopt the
L amendment to the constitution of the United
/ states. by removing the boss from politics. by
Il taking away the opportunities for bribery and
i craft the direct participation of the people in
Il making laws will take away from the law-mak-
Il ing body Its most insidous forms OF tempta-
L lions, will remove 1t from suspicion, and will
1 once more encourage the best citizens to aspire
Il to the Office of representing the people
/ Encourages Ill Considered Legislation.
Il Another objection offered to the adoption of
Il the initiative land referendum is that II en-
L courages Ill considered legislation. This may
Il be an objection to the form In which these
/ measures have been adopted in some OF the