South Bend news-times. (South Bend, Ind.) 1913-1938, 1917-07-15
THE INITIATIVE AND REFERENDUM AS
VEHICLES OF DELAY

Reviewing the decision Of the supreme court in the
constitutional convention case 81 might seem that that
body reputedly intelligent lawyers has been abor
ing under much the same msapprehensions as have a
great many people. The jursts say.
The Legislature has no power under the
constitution to revise tho constitution OF the
state That power belongs TO the people"
Well. the legislature sine the Tom Marshall consri-
tuition has attempted revise it, THAI is the dit
between this and the one slbrnittinr tbs
Marshall constitution 90 the Marshall con
stitution legislative revision Under the law or
1917, the legislature merely undertook TO provide the
people with legal machinery throush which TO 40 the
revising. 1t did not say what reyzous the consti.p-
tional convention should make. IL placed no nita-
ton upon its human intelligence save that
after its work done. the people were TO have
chance to pass upon H. adopt as the majority
might elect
But the initiative and the referendum are gaining
ground They have finally reached the staee ar least
reactionaries are ready to appeal 20 then, for
purposes Of delay. They strong for them as last
chance, when appears that can hoe effected I'm
other way, even though through these pos
sibilties be remote You didn't hear amy demands
from the reactonares and liquor interests for refer
endum of the Ubiquitous Proctor license law They
wouldn't have stood for IT, When it IS something that
this combination referendum and mo- initia
tive then. The initiate and TO 'h- with the people
to the referendum.
But il is different when their Interests may be- affect
ed adversely is for -last Heht.- prr-
We heard it with reference to the passage OF
the constitutional convention winter we heard
it with reference to the prohibition law and the limited
suffrage act They all long on the referendum
just it discovered that the bills were
going TO this last hope that perhaps refer
endum might kill them.
The people get this referendum business out
of their heads-unti constitution makes the ref
erence legal Submission constitutional amendments
make under the present constitution if we are To-
take this decision a referendum might
he advisory but effective Everyone who has ever
watched the legislature too, knows about how much
attention the members pay 10 the popular initiative
the right of petition.
So far as concerns the postponement OF the constl
tutiona convention until after the war we think il is
well that this has happened but that is not a matter
for the court TO decide upon. We do not antcipate
that it did decide the such reason.
Maybe just wanted to convince the public that our
present constitution is VIGOROUSLY rotten and anti
quated than had supposed and that revision espe
caly with reference to the courts is imperative We
must have new constitution our judicial au-
tocracy, quite evidently
We need that constitution too 10 the end that Ma
may vest that autocracy in the peopIe-throupb de
mocracy,-with the initiative referendum provided
for on basis Of consistency rather than that of re
uonary convenience for purposes Of DELAY The Iegis
lature seems to be pIentiy representative of the eo1e
when its service is reactionary impossible when
1t tackles something real progressive.