ture. It is considered indirect when the proposed measure must be referred to the legislature first and to a popular vote only in case the legislature does not enact it.

The number of signers required to make an initiative or referendum petition effective varies from the three per cent. of qualified voters necessary to place a measure before the legislature of Ohios to the ten per cent. required for both the initiative and referendum in Nevada and North Dakota.9

The original South Dakota amendment1 is of 224 words as follows,

brief passage

Provisions.

The legislative power shall be vested in a legislature which shall 140. Original consist of a senate and house of representatives. Except that the people South expressly reserve to themselves the right to propose measures, which Dakota measures the legislature shall enact and submit to a vote of the electors of the state, and also the right to require that any laws which the legislature may have enacted shall be submitted to a vote of the electors of the state before going into effect, (except such laws as may be necessary for the immediate preservation of the public peace, health or safety, support of the state government and its existing public institutions.)

Concerning the Ohio initiative and referendum provisions see, supra, ch. 5. The following table shows the dates of adoption and the number of signers required for the petitions in every state. Idaho and Utah made their amendments effective only after legislative action, which has not yet been taken :

141. Oregon Provisions.

Provided, that not more than five per centum of the qualified electors of the state shall be required to invoke either the initiative or the referendum.

This section shall not be construed so as to deprive the legislature or any member thereof of the right to propose any measure. The veto power of the executive shall not be exercised as to measures referred to a vote of the people. This section shall apply to municipalities. The enacting clause of all laws approved by vote of the electors of the state shall be: "Be it enacted by the people of South Dakota." The legislature shall make suitable provisions for carrying into effect the provisions of this section.

Ordinarily no act takes effect until ninety days after adjournment, but by vote of two-thirds of all the members elected to each house, the legislature may declare an emergency and direct otherwise.

By far the most famous, because most extensively used, of the initiative and referendum provisions is that of Oregon, originally 440 words in length, to which, in 1906, was added a 179-word extension.3 It requires "not more than eight per cent." of the legal voters of the state to propose a measure and five per cent. to compel a referendum. Initiative petitions must include the full text of the proposed measure and must be filed with the secretary of state four months prior to the election. Laws necessary for the immediate preservation of the public welfare are excepted from the referendum, but the legislature may itself refer other bills and referenda may be demanded upon parts or items of bills. Petitions for referendum must be filed not more than ninety days after final adjournment of the legislature that passed the act. The governor has no veto upon bills submitted to the people. The legislature may order special elections for initiative and referendum votes, in the absence of which they are taken at the next regular biennial election, when, on an affirmative majority of all votes cast for or against them, the bills become law.

The basis upon which the number required to sign a petition is determined is the vote for justice of the supreme court at the last preceding election.

2III, 22.

IV, 1, 1a. See also IV, 28; IX, 1a; XI, 2; XIV, 1, 3; XVII, 1.

142.

Maryland

The most recent constitutional enactment for direct popular legislation is that of Maryland. Though providing for only the Referendum. referendum it contains no fewer than 1,087 words. Unless three-fifths of all the members elected to each house declare an act to be one of emergency, or unless it is a prohibition bill or an appropriation bill

for maintaining the State Government, or for maintaining or aiding any public institution, not exceeding the next previous appropriation for the same purpose,"

it cannot go into effect until the first of June following its passage. Emergency bills cannot include those

creating or abolishing any office, or changing the salary, term or duty of any officer, or granting any franchise or special privilege, or creating any vested right or interest."

Before that date there may be filed with the secretary of state a petition for a referendum

signed by ten thousand qualified voters of the State of Maryland, of whom not more than half shall be residents of Baltimore City, or of any one county,"

in which case the act upon which a referendum is petitioned shall not become law until thirty days after its approval by a majority of those voting thereon at the next general election for federal representatives.

If more than one-half, but less than the full number of signatures required to complete any referendum petition against any law passed by the General Assembly, be filed with Secretary of State before the first day of June, the time for the law to take effect, and for filing the remainder of signatures to complete the petition shall be extended to the thirtieth day of the same month with like effect.

Detailed regulations concerning the manner of making the petitions and preventing fraud, for publicity and in regard to the ballot are next set forth. Each paper making up a petition

"To be known as Article XVI. Adopted Nov. 8, 1915.

Bib.

The increase in such appropriations is subject to the referendum. *Sec. 2.

Sec. 3 (a). For referendum upon local measures, see infra, ch. 17.

143.

The Petition.

must contain the full text of the legislation in question and the person procuring the signatures must make affidavit-that of his own knowledge everyone is genuine and that all signers are registered voters.

Looking at the initiative and referendum provisions all together, it is seen that the regular method of starting the process of direct legislation is by petition. One state, however, does not specify any method and two others leave the matter to legislative enactment. Colorado1 authorizes the secretary of state to prescribe the contents of the inscription upon the sheets used for gathering signatures. Michigan' allows any petition to be presented in sections, each containing a full and correct copy of the title and text of the proposed measure and each section bearing the name of the county or city in which it is circulated. Other states leave details to be arranged by the legislature, or make specifications not consequentially different from these. In order that the thickly settled sections of the state may not furnish all of the signatures, provisions that they must be scattered through a certain percentage of counties or congressional districts are frequent. Michigan and California3 require persons soliciting signatures to be electors; signers must, of course, by express or implied provision likewise be electors. Colorado and Ohio expressly forbid signatures by proxy and the latter requires signing to be in ink.

The date, the signer's residence address, his street and number, his township and county if living outside a municipality, his post office address, his election precinct and his precinct and ward instance the various requirements for information relative to signatures. Arizona' requires that each person signing shall declare that he is an elector. Maine requires the clerk of the locality where the petition is made to certify that the signers are qualified to vote for governor in the locality. Five states require of the circulator of petitions an affidavit verifying signatures; Colorado requires the affidavit of a qualified elector, and Maine of one of the petitioners. California specifies that such affidavit must be taken free of charge by any officer authorized to administer oaths.

8S. D.

Id; Utah.

2V, 1.

3V, 1; IV, 1.

4IV, Pt. I, 1 (9).

Ariz., Cal., Md., Mich., O.

The basis for computing the number of signers required for a petition in order that the requisite percentage of electors may be obtained is, in Oklahoma, the total number of votes cast at the last general election for the state officer receiving the highest number of votes ; in nine states, the total number for governor; in two, for secretary of state, and in one for justice of the supreme court.

144.

In fourteen states1 the petition must be filed with the secFiling the retary of state; in two2 each section, at the same time as the Petition. other sections, with a specified local officer, later to be forwarded to the secretary of state. In three states there is express provision that the petitions properly verified by affidavit shall be prima facie evidence that signatures thereon are genuine and that the signers are qualified electors; in California only an official investigation can invalidate a petition when once the local officials have presented it to the secretary of state. In Ohio within forty days of election there is a conclusive presumption that a hitherto unchallenged petition is "in all respects sufficient." New Mexico' makes a felony the signing of a petition by a false name, signing more than once or by a person not an elector of the county specified in the petition. Oklahoma ordains that laws shall be provided to prevent corruption in respect to petitions.

Lest the original petition should turn out to be insufficient, three states allow a supplemental petition to be filed within a certain number of days after the original.

145.

Before submission to the voters, several of the constitutions Publication; require publication of direct legislation measures, as in the case Publicity of constitutional amendments or by means of the celebrated

Similarly in N. M.

Ariz., Ark., Cal., Me., Mich., Mont., Neb., Ohio, Wash.
Colo., N. D.

Ore.

1Ariz., Ark., Colo., Md., Mo., Mont., Neb., Nev., N. M., N. D., O., Okla., Ore., Wash.

2Cal., Mich.

Cal., Colo., Mich.

'IV, 1.

Pamphlets.

5V, 8.

"Cal., Mich., O.

'It must not be forgotten that by statute these details may be supplied where the constitution is silent. Oregon's publicity pamphlet, the most famous

of all, is provided for by statute.

Ariz., Colo., Md. (until otherwise provided by law); Mich.