Popular Law-making: A study of the origin, history, and present tendencies of law-making by statuteStimson, Frederic Jesup
History
Popular Law-making: A study of the origin, history, and present tendencies of law-making by statute
Stimson, Frederic Jesup
Legislation -- United States
Of the initiative and referendum much has been written. It exists in
full force, that is to say, as applying both to State elections and to
county, city, or town elections, in several States, mostly in the far
West; and for partial purposes it exists in several more. "Direct
legislation" has been very popular as a political slogan during the
past few years, but it has not been adopted as yet in any of the
thirteen original States. The objections to it are fundamentally that
it destroys the principle of representative government; that it takes
responsibility from the legislature with the result, probably, of
getting a more and more inferior type of man as State representative;
that it is unnecessary, inasmuch as any one may have any bill
introduced in the legislature to-day, and public sentiment be
effectual to prevent the bill from being defeated; and finally, the
objection of inconvenience, that it is cumbrous and unmanageable to
work. Already the Secretary of State of Oregon complains that the laws
passed by initiative are so badly written as to be unintelligible
and conflicting, to say nothing of bad spelling and grammar. In one
instance, at least, an important statute, that for the initiative and
referendum itself, adopted by initiative, failed of effect because
it contained no clause beginning "Be it enacted," etc. Possibly with
practice these objections might disappear. The more valuable part of
the reform is undoubtedly the referendum. The initiative is hardly
necessary, except by way of giving a referendum on measures which
otherwise would not emerge from the legislature; and there is a
growing inclination to give a referendum on all laws or measures
involving a grant of a franchise or of a right or privilege at the
expense of the general public, or the town or city concerned. This
is a very distinct tendency, and throughout the Union the States are
rapidly passing laws that where a State-wide franchise is given, an
exemption from taxes, a rate-making power, or other privilege, it
shall be submitted to all the voters, and corresponding measures,
street-railway franchises, gas, light, water, or other public-service
corporations, acting only in definite localities, cities or towns,
shall be referred in the appropriate locality.
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