The Richmond Virginian. (Richmond, Va.) 1910-1920, 1913-02-26
Initiative and Referendum
PART III.
By G. b. GARNET.

PART III.
Decline and Degeneracy of the Legislature.
! We often find complaints In the papers and
even IN works on the science of government
/ that the constitutions or our States are no
longer confined as they should be to general
principles, but that they descend to particulars
and thereby usurp the functions of statutes
rms Is but one of the many evidences of the
distrust OF legislatures by the people The earlier
constitutions OF many States of the American
| Union not only lett the field of legislation prac-
| tcally unrestricted to the legislatures but even
! gave to that body the right to elect the State
! officers and the judges, both supreme and sub
ordinate But 1t was not long before the people
began TO take away from the legislature it's
| prerogatives The number of State officers
chosen by the legislature is growing less and
less Instead of annual sessions, have
biennial and in States quarenniaI
stons. Instead of allowing the legislature to
ttso IN virginia to sixty days; in some other
States to forty days. The State constitutions
bill may be enacted into law by the legsla-
ture. instead of allowing that body to deter
mine its own rules
Popular dstrust of the legislature likewise
Is shown in the large number OF subjects
which the power of the legislature is limited.
Our constitution prohibits the general assembly
from enacting local. private special laws on
twenty different subjects. From long and sad
experience the people of Virginia have pro-
hibited the Legislature from contracting a State
debt except to meet the casual deficits in the
revenue. to redeem prior debts. or in of in
surrection invasion or war: and no longer may
private persons loot the treasury In the name
| Of internal improvements" The legislature
I
this function is entrusted to the State corpora
ton commissions.
Growth I'm Size
In addition to the subjects withdrawn from
the scope of the work of the legislature by pro-
hibition. there many subjects which our
constitution makers. being unwilling to trust
the legislature, worked out complete scheme
of legislation in the constitution. This ten
dency is shown by the growth in size of the
constitution of 177s contained tour pages: the
constitution of 1890, seven pages; that of 1850,
eighteen pages: of 1859, twenty-one; while the
constitution of 1902 contains seventy three
pages AS indicated before, this growth OF the
constitution, noticed in all the States LIS caused
by the distrust of the legislature, and this dis
trust in turn has been brought about by the
fact that our legislatures have ceased to repre-
sent the people. One specific instance in ytr-
gnian history will be sllfffcient to illustrate this
point. 1t is familiar rule of the common law
that master is not responsible for an injury
to his servant caused by the negligence of a
fellow servant This rule applied by the
courts to public service corporations and its
application was such for instance, to pre-
vent an engineer on train from recovering
damages from the railroad for injury
caused by the negligence of q conductor or
train dispatcher AS each legislature would
meet. bill after bill would be introduced to rem
edy this wrong and to put Virginia in line with
England and those enlightened States which
had overturned the barbarous rule, but those
bills met their death and buried in the
graveyard OF a railroad committee. The con-
sttution makers of 1902, however, being IA
miliar with the history of these bills. embodied
the law in the constitution. So, also. the leg
islature being ruled by corporations, absolutely
failed to enact laws for their control and regu-
lation and to compel them to pay their pro-
portonate share of the taxes AS a result the
constitution Of 1902 cures the defect with fifteen
pages of provisions relative to the regulation
of corporations Another and different reason
for distrustng the legislature is found In the
failure of that body to carry out the express
mandate of the constitution.
This feeling of distrust has become empha-
sized far that the people have in many
their hands and have reserved to themselves
the authority first, to initiate laws and sec
ondly. to vete the work of the legislature.
The Initiative and Referendum I'm Switzerland.
For the initiative and referendum In Its pres
ent form we must turn to Switzerland or the
twenty-five cantons, twerIty-one have employed
the initiative and referendum for fifty
years: and in the federal government the refer
endum has been employed since 1874 and the
initiative for constitutional amendments since
1891, and have the testimony of Mr. James
Bryce until recently British ambassador of the
United States, to the effect that Switzerland is
the most successful democracy the world has
ever seen.
The Germ of the Initiative and Referendum in
America.
But In its essence, the germ of these ideas
is contained in institutions.
The Virginia bill of rights drafted in 1916
by Mason contains the following:
Sec 2 That all power is vested in and con-
ssequenty derived rived from, the people; that mag
all times amenable to them"
Sec. 8. That government is, or ought to be
Instituted for the common benefit, protection
and security of the people nation or commun-
ity, and of all the various forms OF government
that is best, which is capable of producing the
greatest happiness and safety, and is most eff
tcctuaiy secured against the danger of malad
ministration; and whenever any government is
found inadequate contrary these purposes
majority of the community hath in
dubtabe. inalienable and ndefeaslble right to
reform, alter abolish it in such manner as
shall be judged most conductive to the public
veal.
1t cannot be doubted, however that when the
constitution of the United States, well that
of each of the original thirteen States be.
ing formed, there great distrust of the
people by. the constitution makers. and the
theory of Hamilton that the government could
best be entrusted to the select few The COM
mttee theory of government, had many adher-
ents. In consequence, during the Revolution
AIRY period. the constitutions of only two States |
Massachusetts and New Hampshire were re-
ferred to the people for approval But the growth
of the democratic spirit from this time forth
constitutions to popular votes: so we find
that Connecticut in 1873 Maine in 1919 Rhode /
Island in 1924, New York in 1892. Virginia in
1929 and In 1850, Georgia in 1S33 Tennessee /
in 1894 and North Carolina and Michigan in /
1895, submitted their newly drafted consttu- /
ton to the people for their approval; and this /
continued the policy In America until recon /
structon days: and IL ii had not been for the |
negro question Virginia in 900 and all her
Southern sisters would have submitted their
recently adopted constitutions to the people /
If, therefore, the people be entrusted with |
the power to pass upon the constitution of the /
State, and entitled to have the work of a |
constitutional convention referred to them is 1t
not because the people the source of all
governmental power? And, If they so desire, /
al they not entitled have the work of the