I. SUMMARY.

This pamphlet deals with the initiative and referendum, with the recall of judicial decisions and the recall of public officers. The recall of public officers is an institution quite distinct in purpose from the initiative and the referendum, but the recall has normally been discussed in connection with the initiative and referendum, and it may properly be treated here, because it involves the same problems of petition and popular vote that are involved in the initiative and referendum. The recall of judicial decisions is really another application of the referendum, and is properly dealt with in connection with the initiative and the referendum.

The recall of public officers is of course another means of removing such officers, and bears a close relation to the problems of local government, and also to the problems of the executive department.

The initiative and referendum in most states are applied to local as well as to state issues, and in some states they are applied by statute to local matters while not applicable to state issues. However, this pamphelt deals with them primarily with respect to state issues, although a larger part of what is said about them with respect to state issues may be also properly applied to their use for local purposes.

The discussion of the initiative and referendum contained in this pamphlet is based upon a large mass of material which can not be given in the pamphlet itself. A complete table has been prepared of all measures submitted to a popular vote in the states under the initiative and referendum, and this manuscript table will be available for use by members of the convention who desire to analyze the votes for themselves. A manuscript summary has also been made of all statutes carrying into effect the initiative and referendum, and abstracts have been made of all cases involving the initiative and referendum provisions of the several constitutions.

The problems dealt with in this pamphlet bear a close relation. to those discussed in a succeeding pamphlet on constitutional amendment and revision, and some further discussion of the popular initiative as applied to constitutional amendments will be found in that pamphlet.

Public policy questions upon the adoption of state-wide or local initiative and referendum have been submitted to the voters of Illinois in 1902, 1901 and 1910, and two questions upon the initiative and referendum are to be submitted at the election of November 4, 1919. The state-wide questions submitted in 1902 and

1910 are substantially identical. Upon the questions submitted at elections, the initiative and referendum have in each case received a majority of the votes cast upon the question, although this has in no case constituted a majority of the votes cast in the election. The votes upon these measures will be found upon page 1 of this pamphlet.

This pamphlet limits itself to an analysis of initiative and referendum provisions, and to statements regarding the general operation of these institutions, without entering into the controversial field with respect to their application in particular cases. For example, the use of the referendum to hold up appropriations for the University of Oregon has been referred to (p. 91) only to indicate its influence in causing other states to exempt such appropriations from the referendum; frauds in the preparation of petitions have been referred to (p. 96) only in so far as they have led to legal enactments seeking to prevent such frauds; misleading ballot titles have been referred to (p. 97) only in connection with efforts to prevent abuse in this respect; the use of the referendum merely for the purpose of delaying the coming into effect of an act has been commented upon (pp. 90, 113114) only so far as it bears upon efforts to remedy this abuse. The submission and adoption of conflicting measures (pp. 86-88, 112) has been dealt with only in its bearing upon the machinery of popular voting. Information is being collected upon the specific cases in which the use of the initiative and referendum has been more particularly subject to criticism, and much of the popular discussion of these institutions has centered about such cases; but discussion of these cases of abuse or alleged abuse involves facts which are in many cases capable of being interpreted either way, according to the point of view of the individual, and such discussion is out of place in a pamphlet seeking to make an impartial analysis of the institutions.

The Initiative: The initiative is a means of popular proposal of legislation. It is true, of course, that any person may under present conditions, obtain the introduction of a measure into a state legislature, but the popular initiative contemplates not merely the introduction of a measure, but also the necessity that that measure be considered by the legislature, or be voted upon directly by the people. The direct initiative is an initiative which proposes a matter, and forces a popular vote upon it without an opportunity for action by the representative legislative body. The indirect initiative on the other hand contemplates that the regular legislative body should first have an opportunity to act before a popular vote is to be taken upon the measure initiated by popular action.

An illustration of indirect initiative may be found in the Commission Government Act of the State of Illinois.1

By this section of the Illinois statutes any proposed ordinance may be submitted to the council by a petition of the electors of the city or village. If the petition is signed by electors equal to 25 per cent of the votes cast for all candidates for mayor at the last preceding general election and contains a request that the ordinance. be submitted to the people if not passed by the council, the council must either pass the ordinance within 30 days or call a special election unless a general election is to take place at which the ordinance may be submitted within 90 days thereafter. If the petition is signed by not less than 10 per cent of the electors the council must either pass the ordinance without change or submit it at the next general election. Another case of indirect initiative is that provided for by Article X, Section 3 of the constitution of Illinois, under which it is provided that no territory shall be stricken from any county "unless a majority of the voters living in such territory shall petition for such division." Probably the only case of direct initiative now existing in Illinois is that under the public policy law by which a proposal is directly initiated by popular petition to be voted upon at an election, although the vote constitutes merely an advisory vote and has no binding force.

Referendum: By the referendum is meant the possibility or the necessity of a popular vote upon a measure before such a measure becomes finally effective. The term compulsory referendum is applied to the case in which a measure must have popular

1 Hurd's Revised Statutes, Ch. 24, Sec. 193 b 47.

approval before coming into operation. The term optional referendum is applied to the case in which a popular vote may be required but is not essential to a measure's coming into effect. There are numerous cases of both the compulsory and the optional referendum in Illinois.

Under the constitution of 1870 there are a number of cases of compulsory referendum. By Article XIV of the constitution no constitutional amendment nor other constitutional change may come into effect without a popular vote, and no constitutional convention may be held for the recommendation of alterations to the constitution without such a popular vote. By this constitution also all banking legislation must be submitted to a popular vote before it becomes effective (Article XI, Section 5), the increasing of the state debt beyond a very small amount must be submitted to a popular vote, (Article IV, Section 18), and a popular vote is required for the sale of the Illinois and Michigan canal or of other canals or waterways owned by the state. The constitution also requires that certain acts relating to the city of Chicago be submitted to a popular vote before becoming operative (Article IV, Section 34), and there are other requirements of local referenda with respect to county debts, county seats, township organization, etc. In all of these cases the act to be done requires a popular vote, and cannot be done without a favorable popular vote.

Examples of the optional referendum may be found in numerous cases in the present Illinois statutes, for a large amount of legislation with respect to local affairs since 1870 has been what is termed local option legislation, that is, legislation which may come into effect in particular communities upon the vote of those communities. In the cases here referred to the vote is optional, it depending upon the community itself as to whether it shall or shall not bring into operation the requirement for such a vote, although if the community desires a particular type of legislation, such legislation can be obtained only by a popular vote, and in this respect the vote is necessary or compulsory. Examples of this may be found with respect to liquor legislation, the adoption of the commission form of government, the city civil service act and the registration of titles under the Torrens system.

The commission government act of Illinois provides for a wider use of what has been termed an optional referendum. The Commission government act provides that no ordinance passed by the council except in certain cases shall go into effect before 30 days from the time of its final passage. During this 30 days a petition signed by the electors equal to 10 per cent. of the net vote cast for all candidates for mayor at the last preceding general election may suspend such ordinance and require that the council reconsider the ordinance. If the ordinance is not repealed by the council it is required to be submitted at a special election to be called for that purpose or at a general election. The ordinance does not become operative unless a majority of the qualified electors

'Hurd's Revised Statutes, Ch. 24, Sec. 193 b 48.

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

Hurd's Revised Statutes, Ch. 46, Sec. 428-429,