ing (as in Massachusetts), who would work himself by faithful and intelligent service into the confidence of the house might develop into a legislative expert and something like a permanent parliamentary counsel.

Practical permanence of tenure would be indispensable, and if the services of competent men are to be retained, that would involve adequate compensation. How the office of parliamentary counsel is regarded in England appears from the fact that the first incumbent received a peerage on his retirement. No permanent improvement of the quality of legislation is possible without a staff of experts of high professional standing in that very branch of work. Their experience and authority would in course of time raise greatly, not merely the popular, but, what is just as important, the judicial estimate of the work of the legislature, and questions of construction and constitutionality would be less speculative than they are at present.

59. THE INITIATIVE AND REFERENDUM.

(a) One of the agencies by which corrupt and inefficient State legislation may be checked and corrected is for the people to reserve the direct legislative power to themselves. The process by which this is accomplished, known as the initiative and referendum, has lately found its way into the constitutions of a considerable number of States. Dr. W. F. Dodd has thus summarized this development toward direct legislation up to the year 1909:

The first constitutional provision for the initiative and referendum with reference to state laws was that adopted by South Dakota in 1898; Utah followed in 1900 with a constitutional amendment intended to obtain the initiative and referendum upon state laws, but the Utah amendment was not self-executing, and the legislature of that state has never enacted legislation to carry its provisions into effect. Since 1900 the movement for the initiative and referendum has grown rapidly. Oregon by its amendments of 1902 and 1906 has provided for the enactment of laws and constitutional amendments by the people without the participation of the

legislature, and has also made provision for a compulsory referendum upon laws or upon parts of any laws enacted by the legislature. Nevada in 1904 established a compulsory referendum upon state laws, but did not adopt the initiative. Montana in 1906 adopted the initiative and referendum for state laws. Oklahoma in 1907 adopted the initiative and referendum for state laws and constitutional amendments, applying the referendum also with reference to sections, items, or parts of any act of the legislature. The greatest gains for the initiative and referendum have been made in 1908. During this year Maine has adopted the initiative and referendum for laws; Michigan has adopted the initiative for constitutional amendments and the referendum upon state laws, the use of the latter, however, not being compulsory upon popular petition, it being left entirely to the legislative discretion as to whether a law shall be submitted to the people for approval. Missouri has adopted the initiative and referendum with reference both to laws and to constitutional amendments. Until recently this movement has been confined to the states of the further west, but the most significant thing in the development of the present year has been the adoption of these more popular forms of government in Maine, Michigan and Missouri.

(b) of all the States that have attempted direct legislation, Oregon has so far met with the most favorable results. In June, 1902, the people of that State adopted the following amendment to Article IV of the constitution by a vote of 62,024 for, to 5,668 against:

Section 1. The legislative authority of the state shall be vested in a legislative assembly, consisting of a senate and house of representatives, but the people reserve to themselves power to propose laws and amendments to the constitution and to enact or to reject the same at the polls, independent of the legislative assembly, and also reserve power at their own option to approve or reject at the polls any act of the legislative assembly. The first power reserved by the people is the initiative, and not more than eight per cent. of the

legal voters shall be required to propose any measure by such petition, and every such petition shall include the full text of the measure so proposed. Initiative petitions shall be filed with the secretary of state not less than four months before the election at which they are to be voted upon. The second power is the referendum, and it may be ordered (except as to laws necessary for the immediate preservation of the public peace, health or safety), either by the petition signed by five per cent. of the legal voters, or by the legislative assembly, as other bills are enacted. Referendum petitions shall be filed with the secretary of state not more than ninety days after the final adjournment of the session of the legislative assembly which passed the bill on which the referendum is demanded. The veto power of the governor shall not extend to measures referred to the people. All elections on measures referred to the people shall be had at the biennial regular general election, except when the legislative assembly shall order a special election. Any measure referred to the people shall take effect and become the law when it is approved by a majority of the votes cast therein, and not otherwise. The style of all bills shall be: “Be it enacted by the people of the State of Oregon." This section shall not be construed to deprive any member of the legislative assembly of the right to introduce any measure. The whole number of votes cast for justice of the supreme court at the regular election last preceding the filing of any petition for the initiative or for the referendum shall be the basis on which the number of legal voters necessary to sign such petition shall be counted. Petitions and orders for the initiative and for the referendum shall be filed with the secretary of state, and in submitting the same to the people he, and all other officers, shall be guided by the general laws and the act submitting this amendment, until legislation shall be especially provided therefor.

Sec. 1a. The referendum may be demanded by the people against one or more items, sections or parts of any act of the legislative assembly, in the same manner in which such power

may be exercised against a complete act. The filing of a referendum petition against one or more items, sections or parts of an act shall not delay the remainder of that act from becoming operative. The initiative and referendum powers reserved to the people by this constitution are hereby further reserved to all local, special and municipal legislation of every character, in and for their respective municipalities and districts. The manner of exercising said powers shall be prescribed by general laws, except that cities and towns may provide for the manner of exercising the initiative and referendum powers as to their municipal legislation. Not more than ten per cent. of the legal voters may be required to order the referendum nor more than fifteen per cent. to propose any measure, by the initiative, in any city or town.

(c) The practical result of six years' experience with the initiative and referendum in Oregon is thus stated by Hon. U. S. U’Reu, one of the leaders of the reform movement in that State:

The every-day use of a new piece of machinery under working conditions is the best test of its value. Therefore I shall mention briefly some results of five years' use of the initiative and referendum in Oregon.

The whole number of electors voting at general elections since 1902 varies from about 93,000 to 97,000. The number voting on measures is from 67 to 89 per cent. of the highest number voting for officers. The smallest majority by which any measure has been approved was 3,118 and the largest was 64,512. The smallest majority by which any measure has been rejected was 9,747 and the largest was 13,000. Woman suffrage and the local option law received the highest percentages of votes, showing that men do not vote on questions they do not understand. Very few men confess ignorance on either of these questions.

The legislature of 1903 appropriated money to build a portage railroad on the Columbia River to extend the water transportation service. Railroad men circulated a referendum petition against the bill, whereupon the Portland cham

ber of commerce resolved that if the petition was filed it would propose a maximum railroad rate bill by initiative petition. The railroad's referendum petition was not filed.

General Election, 1904. A primary nominating election law was proposed by initiative petition and enacted by the people. This law killed the political party bosses and destroyed their machines, both State and municipal, from constable to United States senator. Under its provisions the people selected two United States senators at the June election of 1906, and their choice was almost unanimously ratified by the legislature in twenty minutes; the usual time under the old plan was forty days. There was no hint or charge of bribery, corruption or undue influence in any form.

In June, 1904, a local option liquor law was proposed by initiative petition and enacted by the people. Under this law eight counties and many precincts in other counties have voted "dry." The liquor dealers made a savage and costly campaign against this bill; they tried to amend it out of existence in the legislature of 1905, and again by initiative petition before the people in 1906, but the last defeat was by three times the first majority. Most of the university and college counties and towns are "dry."

The legislature of 1905 was controlled in many things by a combination of the representatives and senators from the six counties in which are located the State university, agricultural college and four normal schools.

Three of the latter were created as a part of legislative bargains and log-rolling for United States senators or other equally useless purposes. There was and is much dissatisfaction with them on that account. They put their appropriations in the general appropriation bill for the maintenance of the State government, contrary to the constitution, but in accordance with the custom of many years, so that the governor would not veto it. The log-rollers attempted to put their appropriations beyond the people by attaching an emergency clause, but the governor told them he would veto the bill if they passed it in that form; for that reason only they