tion within said district upon the future decision of a majority of the voters at the time actually residing in such district," etc. The law then provides for a free school system subject to adoption by a vote of the majority of the electors.

In-1825 the legislature of Maryland passed a referendal act for the establishment of a system of primary schools. Sections 29 and 30 are as follows:

Be it enacted, That at the next election of delegates of the General Assembly, every voter, when he offers to vote, shall be required by the judges of election to state whether he is for or against the establishment of primary schools, and make return thereof to the legislature during the first week of the session, and if a majority of the said votes in any county shall be in favor of the establishment of primary schools, as herein provided for, then, and in that case, the said act shall be valid for such county or counties, otherwise of no effect whatever.

And be it enacted, That if a majority of the voters of any county in the State shall be against the establishment of primary schools, then, in that case, the said act shall be void as to that county.

In 1816 an election was held in that part of Massachusetts afterward set off as the State of Maine for the purpose of determining whether the people favored a separation from the old State, and in 1819 the legislature of Massachusetts authorized an eiection on the question of whether the "District of Maine should become a separate and independent State," the condition being that, in case the proposition received 1,500 votes, a convention should be chosen to frame a constitution.

In 1826 the legislature passed a law fixing the jurisdiction of the courts of Boston, which provided that a favorable vote of the people of the city be had before it should go into effect.

In 1833 and 1835 the Virginia legislature passed two

acts allowing the city of Richmond to subscribe to the capital stock of a canal company, but requiring a petition of a majority of the electors as a condition precedent to the legal action on the part of the city, officers. This was a measure which may be considered a provision transitional between the initiatory petition and referendal vote, the method being the same as in the former and the result the same as in the latter.

As the sentiment against the liquor traffic became strong the referendum was employed as a means of obtaining popular expression on the adoption of local liquor laws. For example, in Rhode Island by the act of 1845 provision was made that "no licenses shall be granted for the retailing of wines or strong liquors in any town or city in the State, when the electors of such town or city qualified to vote for general officers, shall, at the annual town or ward meeting held for the election of town officers, decide that no such licenses for retailing as aforesaid shall be granted for that year." This subject of referendal provisions became prominent by the middle of the century.

The location of county seats, the division of counties, etc., became the subject of referendal provisions in statutes at a comparatively early date.

The referendum having stood the test of experience, being found an effective check on acts of government adverse to the public interests, came to be more widely employed. Each year found new uses and new subjects for popular co-operation in local legislation and administration. It became extended to the general acts of the State legislature through the constitutions. All matters touching the relocation of seats of government, territorial division, the incurring of indebtedness, the pledging the faith of the government as security for local or private enterprise, the disposition of properties, franchises, etc., came to be regarded as proper subjects for

referendal elections as a means of adopting or of giving validity to such acts. In order that the extent of this practice may be realized we give a classified list of the subjects of referendal provisions by statutes, and in the footnote references a partial list of the States making such provisions. They appear as follows:

I. Relative to acts of legislation and administration in county affairs. (1) The removal of county seats.10 (2) The building of county buildings, such as court house, jail, etc.11 (3) The repair of county buildings, the cost of which shall not exceed a specified amount.12 (4) The relocation of county buildings.13 (5) The organization of new counties.14 (6) Changing boundaries of counties.15 (7) Issuing bonds and borrowing money.16 (8) Funding the county debt." (9) Adopting a tax on dogs.18 (10) Increasing the tax beyond the specified limit.1o (11) Adopting a poor law.20 (12) Purchasing real estate.21 (13) Providing for a poor house.22 (14) Providing for a children's home.23 (15) Erecting monument for soldiers.24 (16) Relief, by distribution of grain, seeds, etc.25 (18) The building of normal schools.26 (19) Providing for free common schools.27 (20) Providing for administration of schools.28 (21) Providing for county high schools.29

10 Cal., Del., Fla., Ind., Iowa, Kentucky, La., Me., Neb., Nev., Ohio, Penn., S. C., Wis.

(22) The purchase of toll roads.30 (23) The adoption of road law and the selling of bonds."1 (24) Provisions for road board.32 (25) Provisions for. county board.33 (26) The subscription to railway stock.34 (27) The subscription to stock in coal mines, artesian wells, natural gas, etc.35 (28) The adoption of liquor laws.36 (29) Provisions for bounty for killing wild animals.37 (30) Fencing for stock.38 (31) Protection against prairie fires.39 II. Relative to legislative and administrative acts in cities and towns. (1) As to incorporation."

41

(2)

The surrender of charter. (3) The consolidation of two or more cities or towns.42 (4) The amendment of charter.43 (5) The reorganization of the city government.44 (6) The annexation of territory. (7) The recession of territory.46 (8) The classification or gradation of municipalities.47 (9) The names of towns.48 (10) The creation of new

30 Ind.

45

31 Ind., Kans., Mich., Minn., Neb., N. J., Ohio., Ore., W. Va. 32 N. J.

33 N. J., Ia.

34 Ind., Kans., Mo., Minn.

35 Kans., Neb.

36 Ark., Ga., Ky., La., Mich., Mo., N. C., S. C., Tex., Va. 37 Neb.

38 Ga., Ill., Ia., Kans., N. C., Penn., Tex., W. Va.

39 Kans.

40 Ala., Cal., Colo., Ga., Ill., Ia., Ind., Ky., Kans., Mich., Minn., N. J., N. Y., Penn., Tenn., Tex., W. Va., Wis.

41 Ark, Colo., Fla., Ill., Mich., Minn., Neb., N. Y., Tex., Wis. 42 Cal., Ill., Ind., Kans., Wis.

43 Texas.

44 Colo., Ind., N. J.

45 Ala., Ark., Cal., Colo., Fla., Ga., Ind., Ia., Me., Minn., Mo., Neb., Ohio, Tenn., Tex., W. Va., Wis.

46 Ark., Fla., Tenn., Tex.

47 Ohio.

48 Ala., Kans., Minn.

wards.49 (11) Determining whether offices shall be elective or appointive.50 (12) Determining whether the legislature shall be a popular assembly.51 (13) Determining whether there shall be minority representation.52 (14) Determining whether city shall subscribe to stock of railways, business corporations, etc.53 (15) Free city libraries.54 (16) Passing on appropriations other than those necessary for the regular departments of government.55 (17) The enforcement of the collection of taxes.56 (18) The levy of tax beyond certain limits. (19) The sale of real estate belonging to the city.58 (20) The acquiring of real estate." (21) The borrowing of money. (22) The issuing of bonds."1 (23) Fixing the salaries of officers.62 (24) Determining whether road tax may be worked out.63 (25) Whether city may aid in building certain highways." (26) Concerning the building of certain bridges.65 (27) The closing of streets. (28) The

60

49 Ind., N. J., Penn.

50 Wis.

51 Conn., N. H., Vt.

52 Ill.

59

57

66

63 Ala., Fla., Kans., Ky., La., Me., Md., Mass., Miss., Va., Wis.

54 Colo., Ill., Mich., Mo., N. J., N. Y., R. I., Wis.

5 Colo., Kans., Mich., Neb.

56 N. J.

57 Fla., Mich., 'Minn., N. J., R. I.

58 Md.

59 Md.

60 Fla., Mich., N. Y., Wis.

61 Colo., Fla., Ind., Kans., La., Md., Minn., Neb., N. J., N. Y., Ohio, W. Va.

62 Colo.

63 Ill.

64 Colo., Ill.

65 Wis., Ill., N. Y.

66 Md.