tion for the new State, whose admission to the Union has been sought at Washington, adopted provisions on the subject of the initiative and the referendum. Ten per cent of the voters may propose laws and 15 per cent constitutional amendments. Five per cent may order the submission of any measure which the legislature has passed, "except laws immediately necessary for the preservation of the public peace, health or safety or for the support and maintenance of the departments of the State government and State institutions." These must be approved by a two-thirds vote of the members, and, if vetoed by the Governor, by threefourths of the members of each house. Ninety days are allowed for the filing of petitions. Provision is made also for the popular initiation of measures and their submission to the people in cities, counties and towns.59

The Constitution of New Mexico of 1910, under which that territory asks to be made a State, provides for the referendum but not for the initiative. To the people is reserved the power "to disapprove, suspend and annul any law enacted by the legislature, except general appropriation laws; laws providing for the preservation of the public peace, health or safety; for the payment of the public debt or interest thereon, or the creation or funding of the same, except as in this Constitution otherwise provided; for the maintenance of the public schools or State institutions, and local or special laws." Petitions in disapproval of any law not embraced in these specified classes, which has been passed at any session of the legislature, shall be filed with the Secretary of State not less than four months prior to the next general election. Ten per cent of the voters of each of three-fourths of the counties, and in the aggregate not less than 10 per cent of the voters of the State, as measured by the votes cast at the last preceding election, may demand a submission of the measure to the people. If 25 per cent of the voters sign the petition under the same conditions, and it be filed within ninety days after the adjournment of

59 Art. IV, sec. 1.

the session at which the law was passed, the going into effect of that law shall be suspended until an election has been held. A majority of those voting, if the number be not less than 40 per cent of the total number of votes cast, can annul any law which is referred to the people."

In the past two or three years the popular ferment, which carlier made its influence felt solely in the Democratic party, has extended to disturb the Republican party in many States, and the movement in behalf of the initiative and the referendum has been much set forward on this account. The right of direct legislation has come to be thought an indispensable feature of a "Progressive" policy, and the country is in the midst of a development which is essentially altering the character of our State governments. At elections in 1911 or 1912 constitutional amendments embodying the initiative and the referendum are to be voted on by the people of California, Nevada, Washington, Wyoming, Nebraska, Idaho, North Dakota, and Indiana.61 In Wisconsin a similar amendment has passed one legislature and awaits the approval of the next before going to the people.

The proposal has been before the legislatures of many other States, and unless the current shall soon change the movement will be brought to comprehend a large portion of the Mississippi Valley and the Pacific coast region, with sallies here and there in all probability into the East. A still wider field is being covered by the initiative and the referendum as applied to towns, cities and local districts, a topic which is now to be considered in detail.

60 Art. IV, sec. 1.

The provision in Indiana is incorporated in a new Constitution which the legislature has submitted to the people. It is permissive only. Article VII, Section 20, reads as follows:

"The General Assembly shall from time to time take such steps as may be necessary for the codification of the laws of the State, and on petition of 25 per cent of the qualified electors of the State at the last general election the General Assembly may adopt laws providing for the initiative, referendum and recall both of State and local application. But no bill for the recall of the judiciary shall ever be passed."

CHAPTER XVII

THE LOCAL REFERENDUM; HOME RULE FOR CITIES; COMMISSION GOVERNMENT, ETC.

IN 1900 two States, South Dakota and Nebraska, had completed general arrangements for using the initiative and the referendum in municipal districts. The Constitution of South Dakota provided that in the towns and cities of that State 5 per cent of the voters might invoke the right to originate local resolutions and ordinances and to demand the submission to the people of any measure already enacted by the local representative legislative body.1

Nebraska had reached a similar end by a general law of the legislature passed without constitutional authority. In that State 20 per cent of the voters in counties, cities, towns, villages and other local districts could invoke either the initiative or the referendum.2 The system continues to be in force in both South Dakota and Nebraska. Of the States which have since adopted the initiative and the referendum in State matters-Utah in 1900, Oregon in 1902, Montana in 1906, Oklahoma in 1907, Maine in 1908, Missouri in 1908, Arkansas in 1910, Colorado in 1910-several have also provided for the submission of laws in municipal districts. The fist includes Utah, Oregon (by a constitutional amendment adopted in 1906), Oklahoma, Maine, Arkansas and Colorado.

The entire provision in Utah's Constitution, as has been explained, remains ineffective for lack of enabling legislation.

In Oregon, by the constitutional amendment of 1906, the twin rights are reserved to the "legal voters of every munici

1 Ante, p. 309.

2 Ante, pp. 308-9.

pality and district as to all local, special and municipal legislation of every character in or for their respective municipalities and districts." Fifteen per cent of the voters can propose a measure and ten per cent can cause a law to be referred to the people in the towns and cities of Oregon.3 Arrangements precisely similar to those which have been made for the State at large are at hand to govern municipalities. The duties of the Secretary of State in reference to the work in the State are performed in local districts by the city auditor, clerk or recorder, as the case may be; of the Governor, by the mayor; of the Attorney-General, by the city attorney. The arguments are printed and distributed to all the voters by the city, the persons offering the arguments bearing a share of the expense sufficient to cover the cost of the paper and printing. In short, as the law declares: "It is intended to make the procedure in municipal legislation as nearly as practicable the same as the initiative and referendum procedure for measures relating to the people of the State at large.

99 4

The city of Portland has gone beyond any rival in its use of the privileges in local districts in Oregon. In June, 1907, no less than 21 charter amendments and ordinances were submitted to popular vote. In June, 1909, a vote was taken on 35 measures. Of these 27 were proposed by the city council, 7 by initiative petition and one by referendum petition. Thirteen were approved and 22 were rejected. At the election in June, 1911, 24 measures were referred to the people-8 by initiative petition and 2 by referendum petition, while the rest were submitted by the council.

The legislature of Montana, whose constitutional amendment, adopted in 1906, makes no reference to municipal districts, when determining the modus operandi of the initiative and the referendum in State matters, devised a sys

Art. IV, sec. 1a.

Session Laws of 1907, p. 398.

A record of the vote on these various measures may be found in Equity, 1909,

p. 98.

tem of submitting laws and proposals for laws in cities and towns. Eight per cent and five per cent of the voters may invoke the initiative and the referendum respectively. Ordinances for which petitions are filed need not be sent to the people if the city or town council shall adopt them without change. If they decline to do this there is an election. The provision for the referendum excepts emergency measures. Submission on initiative and referendum petition is at regular elections, unless the council otherwise directs or unless the paper be signed by at least 15 per cent of the qualified electors, when special elections may be held. The council on its own motion may submit its acts to the people."

In counties and local districts, other than municipal corporations, in Oklahoma the Constitution requires twice that number of signatures, which suffices in the State at large. Therefore, 16 per cent and 10 per cent of the voters can invoke the initiative and the referendum respectively.' In cities not less than 25 per cent must sign the petition for an election on an ordinance, whether it be by way of the initiative or the referendum. In the case of the initiative an election can be avoided if the council shall pass the bill as it comes to it from the petitioners. No franchise can ever be granted, extended, or renewed under any circumstances without the approval of the people. In counties, cities and towns arguments may be prepared and distributed as in the State. Indeed, the State practice is closely followed in the local district. Emergency measures, which are excepted from the provisions relating to the referendum, to become immediately operative must be adopted by threefourths of all the members of the city council and be signed by the executive officer of the district. Along with initiated measures the municipal legislature may submit "competing bills or resolutions" and the people may make their choice." The amendment in Maine provides for the initiative and the referendum in cities in the following terms:

• Session Laws of 1907, p. 416. 7 Art. V, sec. 5. 8 Art. XVIII, sec. 4. Compiled Laws, 1909, p. 874.

9