Watson's Magazine, Vol. IV, No. 1, March, 1906Various
General
Watson's Magazine, Vol. IV, No. 1, March, 1906
Various
United States -- Politics and government -- Periodicals
The latest development of the principle is the advisory referendum, and
advisory initiative. As the name indicates, these simply show to the
legislative and executive departments the will of their constituents, and
no legal obligation rests upon the officials to give form to the popular
expression. In 1901 Illinois enacted a “public opinion law.” Delaware has
pending a constitutional amendment to establish the advisory initiative
and referendum. In 1905 Texas enacted a very interesting experiment in
the way of a primary election law, which not only provides for nomination
of candidates by direct vote, but contains provision for the use of the
initiative and referendum within party lines to direct party policy, and
determine what principles shall be promulgated in the party platform.
Many city councils have voluntarily resorted to this method of learning
the people’s will. In Buffalo in the fall of 1905 three questions were to
be submitted. But the commissioner failed or refused to put the questions
upon the voting machines at the proper time. Mandamus was brought in the
Supreme Court. Thereupon Justice Krause granted the writ on one question,
that relating to public ownership of a light and power plant by the
city, but denied it on the other two, saying as to these: “They involve
questions of legislation over which the city council manifestly has no
power. Indeed, their very purpose is not to furnish information for the
guidance of the local authorities; but they are peculiarly matters for
the Legislature.”
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