CHAPTER III.

INITIATIVE AND REFERENDUM IN PRACTICE.

Preparing Measures.-The people, as a whole, do not prepare initiative measures; neither do they prepare petitions to have an act of the legislative assembly referred. This work is done by a small group of individuals who work through a "league” or "association." It is now quite the common practice to have all proposed legislation prepared and promoted by an association of individuals. This practice came into vogue before the initiative and referendum, direct primary law, and the recall were enacted into law, and has continued ever since.

The men responsible for most of the popular legislation which might be called "progressive," at any rate "distinctive" and "reformatory," have labored through leagues which served the purpose for the time or until their object was accomplished. The initiative and referendum was first promoted by joint representatives from the Farmers' Alliance, State Grange, Federated Trades Council of Portland, and the Oregon Knights of Labor. These organizations, acting in conjunction, continued to work for the amendment from 1892 until 1898. The leading members of these various bodies formed the Oregon Direct Legislation League and conducted the campaign for the initiative and referendum until it was adopted by the people at the election in June, 1902. The next matter of importance to engage the attention of those who were essentially reformers, was the primary nominating law. The Direct Primary and Nominating Law League was formed in 1902, and continued until the adoption of the Direct Primary Law in 1904. Succeeding this league, the People's Power League of Oregon was organized in 1905, and continues to date. These leagues are voluntary organizations

and have no authorization from the people generally. Probably the largest number of paid members on the roll of any one of them never exceeded one hundred and thirty-five. While the personnel of these various bodies changed, the active reform work was done by the same small number of individuals working through the various named leagues. These leagues might be termed the reform force which has been active in the State of Oregon for the past twenty years, and from them have come the initiative and referendum, direct primary law, the recall, and other important laws which have changed the fundamentals of the State's government.

Following the example set by these reform organizations nearly all popular legislation is now proposed under some league or association name. An individual does not propose legislation, though he may if he so desires.

The people sit as a jury on legislation. They do not know the authors of the proposed laws which they are called upon. to consider and vote upon at the polls. They have before them the name of the league only, and perhaps may know some of the individuals who compose it.

The names selected by these leagues may or may not bespeak their purpose. The Oregon Anti-Saloon League, The Oregon State Equal Suffrage Association are examples of organizations whose names show at a glance the nature of the work they are carrying on. When the method of popular enactment of laws was first put upon the statute books, the people paid a good deal of attention to the name of the organization behind a measure. A proposed act was good or bad in proportion to the confidence inspired by the body promoting it. Gradually, however, the people lost a great deal of reverence for the mere name, and now act more independently. They seek to discover merit or demerit in a measure and each elector votes as his best judgment dictates.

Circulating Petitions. Shortly after the initiative and referendum amendment was adopted, several attempts were made to inaugurate legislation by securing the services of volunteers to circulate petitions for signatures. This proved to be a failure in the State at large. In smaller units, a county or city, when the question sought to be placed on the ballot is generally and enthusiastically discussed and a great deal of interest is aroused, signatures may be obtained by volunteers. The work is best done by paid circulators. Professional circulators of petitions charge from three to five cents for each name secured. These men usually carry more than one proposed measure and the individuals accosted by them are requested to sign their names once, twice or thrice as the case may be. These men follow the lines of least resistance and secure the names with as little effort as possible. The population is more easily canvassed in cities, and it is here that most of the names are secured. The electors residing in the cities are responsible, in the main, for the initiation and referring of measures. The professional circulators' work has been reviewed several times by the courts of the State of Oregon. In one case, it was shown that 3778 names on a petition, containing 13,715 signatures, were fraudulent. In this work, as in any other, fraud and deceit may be practiced, but such cases are the exceptions rather than the rule. It is to be expected that some signatures obtained to a petition numbering 6000 or more names will be fictitious. Some people have earnestly urged legislation to prevent the circulators of petitions from accepting pay for their services. Were such a law passed, it would not help matters in the least. It would but put a premium on dishonesty. The circulator could be paid by his patron, who remains under cover, and no proof could be obtained to secure his conviction.

The circulator is, in many instances, the first man to acquaint those whom he requests to sign his petition with the fact that new laws are being initiated. The law requires that a copy of the

proposed measure be attached to the petitions. Those requested to sign, as a rule, know nothing about the measure, but take the few sentences of description from the circulator at their face value and sign the petitions, without asking to read the proposed measure. It frequently happens that men who sign in this manner, learn afterwards that they have, by their signatures, helped to place upon the ballot a measure embodying a principle which they have always opposed. Here is one of the slight defects which must be remedied in the direct law making scheme. If the individual could be taught to sign no initiative petition unless he felt reasonably sure he could support the measure at the polls; and be taught to sign no referendum petition unless he felt reasonably certain that he would vote "no" at the polls; fewer measures without merit would find their places on the ballot. When paid circulators are abroad with petitions for signatures, all electors should remember the injunction so often met at railway crossings, "Stop, Look and Listen." A citizen of the State of Oregon is certainly neglectful of his duty every time he places his name on a petition asking that a measure be initiated or referred without knowing the provisions of the measure attached.

The Pamphlet.-Every voter in the State receives nearly two months before a general election a pamphlet prepared by the Secretary of State containing a copy of all measures to be voted upon together with such arguments for and against them, which shall have been filed in his office. Owing to the large number of measures usually submitted to the electors, this pamphlet has grown from a few pages to a good sized book. The pamphlet sent out by the Secretary of State for the general election held in November, 1912, contained 256 pages. Any one who desired to acquaint himself with its entire contents had to read seven pages per day from the time the pamphlet reached him until election day. As a matter of fact, but a small percentage of the

people read the pamphlet for information. It is occasionally referred to if an argument or dispute arises over particular provisions of a proposed measure. The people generally depend upon the press, campaign literature and discussion among themselves for the information they desire. The pamphlet is read in country precincts more generally than it is in cities. As a rule, the people residing out of town have more time at their disposal for this purpose and are better informed upon the measures on the ballot. The theory of furnishing every voter in the State with a copy of all proposed measures upon which he is to vote is correct, but the actual results obtained are not entirely satisfactory. Already the friends of the initiative and referendum have noted, with misgivings, the increase of the number of measures voted upon, and they realize that, with the increase of new legislation, by the initiative, the pamphlet will become too large to serve its purpose. To be useful, the pamphlet should be short, and its reading encouraged as a patriotic duty. No man should be permitted to vote on election day unless he can truthfully say that he has read the proposed measure upon which he is to cast a ballot. Ignorance in a few may be condoned; want of knowledge in the majority is a menace under the system.

Campaigning.--When a bill is under discussion in a legislative assembly, very often a lobby influence determines the votes of many of the members. The legislative assembly is a small body and every member is brought into contact with influences for or against certain measures. This is not true when laws are proposed and enacted by the people themselves. Those who carry on the fight for the enactment of a law are usually a small number of individuals who either from patriotism or selfish motives are directly interested in the measures. Ranged against this group is another which opposes the measure either through patriotism or more often for selfish reasons. Around these two groups the