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once adopted by popular vote can be amended or repealed only by popular vote, this involves increasing the number of measures which must necessarily be submitted to such a vote, as the number of measures which have already been approved by the people increases.

Effect of the initiative and referendum upon the Governor's, veto power: Most of the constitutional provisions with respect. to the initiative and referendum contain a provision that the Governor's veto power shall not extend to measures initiated by or referred to the people, although these provisions are couched in somewhat different phraseology. Upon a measure initiated by popular petition there would, of course, be no opportunity for the exercise of the veto power, where the popular initiative is one directly to a vote of the people. Where the popular initiative is an indirect one, with submission of the matter to the legislature, a veto power of course might be authorized if this were desired. However, Maine is the only state which has any provision regarding a veto power in such a case, and in this state it is provided that if any measure initiated by the people and passed by the legislature without a change is vetoed by the governor and his veto sustained by the legislature, such measure shall be referred to the people at the next general election.

Where a measure is adopted by the legislature without any form of initiative petition, the measure is subject to the governor's veto power under the ordinary constitutional provisions with respect to this power. The constitutional provision that the veto power shall not apply to laws referred to the people is of chief application to the cases in which the legislature in passing an act is authorized to refer such act to the people without any popular petition or other demand for such action. In such a case the legislature by passing the act and referring it to the people is able to avoid altogether the executive veto, and this is the effect of the initiative and referendum provisions in Oregon, Montana and a number of other states.

VI. ANALYSIS OF RESULTS.

Use of the Initiative and Referendum: In discussing the general results of the initiative and referendum, it should be borne in mind that the referendum was actually being used to a large extent in the American states before the introduction of the initiative and referendum for laws. Through the submission of constitutional amendments in all of the states except Delaware, and through the necessity of submitting laws upon a small number of other subjects in many of the states, measures were being submitted to popular vote and in some of the states were being submitted in large numbers. The initiative and referendum have added to the institution of the referendum as it previously existed, and for for the states which have adopted the broader institutions have of course increased materially the number of measures being submitted to the popular vote. In discussing the measures submitted in the states which have adopted the initiative and referendum, it is impracticable to separate the measures which would have been submitted to a popular vote irrespective of the adoption of the initiative and referendum. However, it should be borne in mind that the referendum as it existed before a state's adoption of the broader institutions has a direct bearing upon the number of popular votes had under the initiative and referendum.

In discussing the popular votes under the initiative and referendum it should also be borne in mind that Maryland and New Mexico have only the referendum; that Maine, Montana, South Dakota, Utah. and Washington have an initiative upon ordinary legislation and a referendum, but no initiative upon constitutional matters.

A table is given below of the number of submissions of questions to popular vote in the states adopting the initiative and referendum. When a state has adopted the initiative and referendum, all measures submitted to the people after that date are included in this table, although as indicated above many of these measures are such as would have been voted upon by the people before the adoption of the initiative and referendum. In reading this table it should be borne in mind that, at the beginning, but one state had the initiative and referendum, and that in 1919, twenty-two states have either one or both of these institutions, although one state (Idaho) has not a possiblity of exercising the power under the constitutional amendment there adopted. It should also be said that the Massachusetts constitutional amendment. has been adopted too recently for any use to have been made of it. In reading this table it should also be borne in mind that there are ordinarily few submissions of constitutional questions or measures in odd

years, and that comparisons must be made primarily for the even

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(a) Three of these held not adopted by Supreme Court. (b) One of these held not adopted by Supreme Court.

This table indicates a rather rapid increase in measures submitted in the states having the initiative and referendum until 1914, with then a material reduction for the years 1916 and 1918. The increase in measures submitted to the people in these states between 1900 and 1914 may be attributed in part to the rapid increase in the number of states in which the initiative and referendum have become operative, and in part to the greater use of these institutions in the earlier years of their adoption.

The decrease in the total number of measures submitted since 1914 may perhaps be attributed in part to the fact that the institutions have ceased to be quite as new in a number of states, and perhaps in part to the fact that in some states, such as Oregon, the adoption of woman's suffrage has increased quite materially the difficulty of obtaining the requisite number of signatures to petitions.

A table is given below indicating by states the total number of measures submitted during the whole period within which the initiative and referendum have been operative in each state. This table indicates separately the manner in which the different measures have come to be submitted to a popular vote. With respect to constitutional amendments it has already been said that in some states the initiative may not be used, although in most of the states, as is indicated by this table, two methods of presenting constitutional amendments exist side by side, the regular and older method of proposal through the representative legislature, and the newer method of proposal through popular initiative. Here again it should be borne in mind that New Mexico and Maryland do not have the initiative and. that Maine, Montana, South Dakota, Utah and Washington do not have an initiative for constitutional amendments. In a number of states the legislature may not of its own motion refer a matter to popular vote.

It will be readily seen from this table that Arizona, California, Colorado, Missouri, Oklahoma, Oregon and South Dakota are the states that have used the popular submission of measures most vigorously, and it should be noted in this connection that Oregon which has

a much larger number of such measures, has been using the initiative and the referendum for a much longer period than have the other states just referred to.

Total Number of Measures Submitted.

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Elections at which a large number of measures have been submitted. Since the adoption of the initiative and referendum there have been ten elections in the states adopting these institutions. in which fifteen or more measures have been submitted to a popular vote. The table printed below gives an analysis of the measures submitted at these elections, by the types of measures submitted.

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Analysis of submissions by types of measures.

(a) Constitutional Amendments: Reference has already been made to the fact that a compulsory referendum existed in all states except Delaware before the adoption of the initiative and referendum by any state, and to the fact that this compulsory referendum has continued for such measures. The compulsory referendum upon constitutional amendments through legislative submission of such amendments presents to the voters of some states without the initiative and referendum a large number of measures to be voted upon at each election. Not only this, but in a state like California, the legislative submission of constitutional amendmens was responsible for the submission of numerous measures to the people before the adoption of the initiative and referendum. In Louisiana which does not have the initiative and referendum, there were submitted by the legislature, in the ten biennial elections between 1900 and 1919, one hundred and thirty-two constitutional amendments of which one hundred and six were adopted. In 1912 the legislature proposed to the voters of Louisiana nineteen constitutional amendments and in 1914 and 1916 eighteen constitutional amendments for each year.

California adopted the initiative and referendum in 1911, the first measures under which were submitted in that state in 1912. In 1911, however, the legislature of California submitted 23 proposed constitutional amendments to the voters of that state and in each of the years 1906 and 1908 the legislature of California submitted fourteen measures to the voters. The fact of this frequent submission of constitutional amendments before the adoption of the initiative and referendum in California must be taken into consideration in considering the very large total of submissions since the introduction of the initiative and the referendum in that state.

Referring to the table of total submissions on page 103, it will be noted that in the states having the initiative and referendum seven hundred and seventeen measures have been submitted to a popular vote. Of these measures four hundred and twenty-nine were proposed constitutional amendments upon which the referendum is compulsory. That is, in order to change the constitution the measures must be submitted to a popular vote. Of the four hundred and twentynine constitutional amendmens submitted to a popular vote, two hundred and sixty-nine were proposed by the legislature and one hundred and sixty by the initiative. A large number of these proposed constitutional amendments relate to matters of relatively small importance and the popular submission in the larger number of these cases was made necessary by the fact that if the changes were to be made at all they must be made by constitutional amendment. That is, more than four out of each seven of the proposals submitted to the people in states having the initiative and referendum were submitted in large part because of the fact that detailed state constitutions made it necessary to employ a compulsory rather than an optional referendum. A very large number of the constitutional amendments proposed by the legislature were ones upon which a

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