The Barre daily times. (Barre, Vt.) 1897-1959, 1914-05-13

adopted, we might have had to admit
| that Gorham of Massachusetts was right
| in laughing to scorn the idea that the
convention could devise system of gov
eminent that would last hundred and
| fifty years. Does Vermont to-day wish
| to surrender her equality of representa-
tion in the United States Senate? We
do not believe that the majority of any
party in this state is willing to make
such a surrender.
| Without discussing further the use of
the initiative and referendum in our fed
eral system, we note that it is not in
other times and countries that we must
study these new forms of legislation.
Our own country has used them in their
present form as extensively as any 9TH
err. Seventeen of our states have adopt
ed them in some form or other and five
other states have proposals pending.
| Fifteen varieties have been pointed out
| by Prof. Beard. Michigan and Oregon
may be taken to represent the two ex-
tremes Of these varieties. In the former
state the initiative is applied only to
constitutional amendments by petition
signed by more than twenty per cent
of the electors voting for the secretary
people decide on the amendments thus
proposed. The referendum is, aside from
| its application to constitutional amend
ments, applied only to bills actually
passed by the legislature and referred
by the legislature to the electors. AID.
preparation bills are excepted from its
operation. In passing, we might say
that Maine does not permit the use OF
bn init sa4t
ments.
"Oregon has gone, perhaps, as far as
any state with the initiative and refer
endum. The people there reserve the
power to propose laws and amendments
to the constitution and to enact or re-
ject the same at the polls independent
of the legislative assembly, and also the
power at their own option to approve
or reject at the polls any act of the leg
islature. An initiative petition must be
signed by at least eight per cent of the
legal voters to propose an act. The act
thus proposed is filed with the secretary
of state at least four months before the
election, at which time it is to be voted
upon and is submitted by him to the
voters. There seems to be no restric-
ton as TO the kind of measures that
may be initiated and enacted into
law by the people without the interposi-
tion of the legislature. The people have
a right to referendum upon any act
that the legislature may have passed by
a petition signed by at least five per cent
of the legal voters or by vote of the
Legislative assembly. That is, five per
cent of the voters or the legislature it.
self, may refer any legislative act for
the approval of the people. A refer
endum petition upon any act OF the leg
islature must be filed with the secretary
of state not more than ninety DAYS after
the final adjournment of the legislature,
and all measures referred to the people
are voted upon at the next biennial cleo
ton, but all laws passed by the legisIa-
ture necessary for the immediate pres
ervation of the public peace, health or
safety are excepted from the operation
of the referendum.
There are many other details but such
are the general outlines of the two ex-
tremes OF the initiative and referendum.
In the first place, it should be noted
that the initiative and referendum are
not so speedy and automatic as they are
generally supposed. As the regular cleo
lions in Oregon are biennial and as the
petition must be filed at least four
months before such election, unless the
legislature provides for a special cleo
ton, it will be seen that there must be
considerable delay before the people can
act upon law. All advocates of the
initiative and referendum favor a suffi-
cient lapse of time for the people to be-
come acquainted with the proposed meas
ure.
so far as the plan adopted in Mich
igan is concerned il will not appear very
novel in Vermont. There the people |
may initiate by petition an amendment |
to their constitution but cannot initiate |
a statute. The power of the referendum
is limited to voting upon constitutional |
amendments and upon such acts OF the |
legislature as the legislature chooses to |
refer to the people. We have long been |
accustomed to do as much in Vermont |
except in the matter of initiating an |
to the constitution by petit
ton of a stated number of voters. In |
Vermont our constitution provides that |
the Senate shall initiate amendments. |
but as | attempted TO show in an adj
dress delivered AID printed few years
ago, this is not the only mode of initia-
ton of such amendments. New York
and Pennsylvania have both made con
stitutional amendments that the people
have adopted without following the
method prescribed in their constitutions.
Personally, / believe from my study
of the subject that the people of Yer
mont to-day could legally initiate
and put them in force by
the method that has been prescribed in
Michigan. Without pausing to show
how this might be true, we note that the
as it now exists in Michigan
is little different from what we have
in Vermont almost from
the beginning of the government of our
state. The legislature has frequently II
acts to the people. 1t is true
that our referendum has sometimes been
/ qualified one as in the case of our
law and of the act of the
asst Legislature referring to the people
he question of erecting a new building
or the supreme court and state library.
The latter act provided that it would
AXE effect July l, 1914, provided that
he majority of the ballots cast at the |
March meeting in 1914 should be in ia
ror of the bill, otherwise it would take {
fleet July |, 1915. The peoples vote
Upon this act at our last March meet
ng prevents the taking effect of the act
until after another legislature is elected {
md has had an opportunity to take fur
her action. Under the Michigan pIan