Initiative and Referendum
a joint method of continuing direct legislation after the voters have become too numerous or scattered to assemble in one gathering. The plan does not dispense with a legislative body. Initiative is the proposal of legislation by the people in an authoritative way. The details may differ, but in general initiative is a mandatory substitute for petition. Legislators elected by ordinary methods are independent. They may or they may not give respectful attention to a petition. Congress refused for years even to receive petitions for the abolition of slavery. Bliss states that a petition signed by several hundred thousand citizens and presented to the legislature of New York was rumpled up and tossed from one legislator to another. The initiative brings such legislators to time.
The referendum is a popular vote on the question of rejecting or confirming a legislative act. The referendum is applicable to the government of a city, a state, or a nation. Under this plan legislation may be enacted to take effect at a future date unless revoked by the people. If a percentage of say five per cent of the voters are sufficiently dissatisfied with an act to set the proper machinery in motion, a popular vote is taken. In Switzerland, where the referendum is in vogue, the national law-making body, being subject to the people, passes few laws. Popular votes have not been called for oftener than once a year. The referendum is applicable especially to municipal legislation. The rank methods by which streets are voted to corporations, and by which the interests of the people are betrayed in granting franchises to gas, water, electrical, and traction companies, can be controlled and prevented by the simple expedient of publicity and of giving the people a chance to revoke objectionable measures.
Legislation by representation is not historical. The New England town meeting, the Anglo-Saxon folkmoot, the Swiss and German local meets, the Russian mir, the ancient Greek and Agora meetings, are examples of assemblies held to pass laws by direct vote of all citizens. The initiative and referendum is an attempt to get back as nearly as practicable to legislation which has the direct approval of the voters. The principle of the referendum is not new in the United States. In all states but Delaware an amendment of the constitution must be submitted to the people for adoption. This is what is known as obligatory referendum. The work of charter commissioners is submitted ordinarily to popular vote. Local option laws permitting communities to vote for or against license are based on the principal of referendum.
The initiative and referendum are American. The colonies of Plymouth and Rhode Island actually tried the plan for a time and Massachusetts began the practice of a referendum in constitutional matters in 1778. Then, for some reason, the honor of developing the petition into a more effective form was left to Switzerland. Of late years American interest has been renewed. In 1891 a People's Power League was formed in New Jersey. It soon after took the name of the Direct Legislation League of New Jersey. Without doubt the occupation of New Jersey by the famous corporations and trusts of New York City gave impetus to the movement. In 1896 a National Direct Legislation League was formed for the spread of printed information. South Dakota adopted a direct legislation amendment to the Constitution in 1897, but in 1909 had not made use of it. Oregon adopted a more serviceable amendment in 1902. Two measures were ratified by popular vote in 1904, and nine at the fall election of 1906. In 1906 Montana adopted the state referendum; in 1907 Oklahoma; and in 1908 Maine, Michigan, Missouri, and North Dakota. In 1907, Iowa, Montana, and South Dakota authorized the referendum in local affairs. The legislatures of many other states have passed a referendum measure through one house and have killed it in the other. San Francisco and other Pacific coast cities have adopted the plan. Denver is struggling with a badly drawn law. Detroit and Nashville pass on all franchise laws. In Canada Victoria on the Pacific coast and Toronto in the interior are referendum cities. Some progress has been made in France; some in Norway; a little in England; and considerable in the states and cities of Australia and New Zealand. Switzerland is the true home of direct legislation.