voting upon it vote in favor thereof. If no petition is filed against any ordinance the ordinance is in full force and effect within 30 days after its final passage. Relationship between initiative and referendum: The definitions given above indicate the close relationship between the initiative and the referendum. The initiative either directly or indirectly calls for a popular referendum. If the initiative is what is termed a direct initiative the popular petition itself requires a referendum upon the measure proposed. If the initiative is an indirect initiative the petition requires first some legislative action and then some popular vote, or permits a popular vote upon the taking of some further action. The term initiative standing alone therefore means very little with respect to those institutions. The close relationship between the initiative and the referendum is well illustrated by the Illinois public policy law enacted in 1901. Under this law 10 per cent of the voters of the state may require the placing upon the ballot of a measure to be voted upon by the people of the state at large; and a larger percentage may require votes upon public policy measures in subdivisions of the state. The petition under the public law3 may perhaps be called an initiative, and the popular vote upon such proposed question of public policy is properly termed a referendum, although the whole effect of the two is merely advisory to the legislative body with respect to the measure voted upon, and in this respect the law may be properly termed one for an advisory initiative. Recall of Judicial Decisions: What is termed a recall of judicial decisions was advocated by Ex-president Roosevelt in 1912 and was incorporated in the constitution of Colorado in that year. Under the recall of judicial decisions, as adopted into the constitution of Colorado, if a measure is declared unconstitutional by the supreme court of that state, a popular petition may require that the law be submitted to a popular vote for adoption or rejection. If a majority of the vote upon such a law is in its favor, the law stands as a valid law independently of the judicial decision. Substantially what this amounts to is a referendum for the purpose of taking the particular law out from under the constitution as construed by the highest state court. In effect it is merely to this extent an amendment of the state constitution. Recall of public officers: By the recall of public officers is meant a device by which upon a petition the question of continuing a particular officer may be submitted to a popular vote, that officer 2 Hurd's Revised Statutes, Ch. 46, Sec. 428-429. ceasing to occupy the office upon an adverse popular vote. An illustration of the recall of public officers is to be found in the commission government act of Illinois.* Under this act a petition signed by voters equal to 55 per cent. of the entire vote for candidates for the office of mayor at the last preceding general election may require a popular vote upon the continuance in office of any elective state officer except a judicial officer or officer of a court. Upon such petition an election is held to determine whether the officer sought to be recalled shall remain in office; and also, if the vote is opposed to his remaining in office, to elect a successor. 4 Hurd's Revised Statutes, Ch. 24, Secs. 193 b 42 to 193 b 46. III. INSTITUTIONS IN ILLINOIS. The statements made in the preceding chapter indicate in a fairly satisfactory manner the extent to which the institutions of the initiative, referendum and recall have been adopted in the State of Illinois. A further discussion is desirable, however, with respect to the operation of these institutions. Public Policy Law: The public policy act of 1901 was passed for the purpose of permitting a popular expression upon public measures, without, however, such popular expression having any legal effect. Under this act state-wide public policy questions have been submitted in the following cases: It is probable that the votes upon these public policy questions have had little influence upon state legislation, although in several cases the public policy votes have just preceded legislative action. This is true with respect to the public policy vote in 1904 with respect to primary elections; that of 1910 with respect to the extended state civil service law; and that of 1912 with respect to a tax amendment to the constitution. A proposed tax amendment to the constitution was recommended by the general assembly to the voters in 1915, but failed to receive the constitutional majority of the popular vote. The local advisory referendum has also been used to some extent in this state. State-wide Referenda: All proposed constitutional amendments have, of course, been submitted to a popular vote and all amendments to banking laws. In 1918 there were three cases of state wide referenda : (1) The one upon the holding of a constitutional convention, (2) the one upon a $60,000,000 bond issue for state highways, and (3) the one upon amendments to banking legislation. Since 1870 there have been, in addition to the advisory referenda referred to above, the following state-wide referenda in Illinois in which the popular vote actually determined whether action should or should not be taken: State-wide Referenda other than Public Policy Votes.1 1 Constitutional amendments, acts making appropriations for the statehouse and acts disposing of the Illinois and Michigan canal and canal lands, require a majority of the votes cast at the election; acts providing for increases in state debt (such as that with respect to the state-wide system of highways in 1918) require a majority of votes cast for members of the General Assembly; banking legislation requires a majority of the vote thereon. |