candidates for the position of mayor or of Governor at the last preceding election. Of the five cities, Lowell is the only one in which they have been invoked, and in neither of the two instances was it necessary to carry the procedure through all its stages.

In 1915 (chapter 267, An Act to simplify the revision of city charters) the General Court set forth four standard forms of charter, and authorized the citizens of any municipality of the prescribed population, with the exception of Boston, to choose for themselves the one of the four which they wished to adopt, without recourse to the Legislature. Common to all four of these forms of charter were the provisions relating to the Initiative and Referendum. In case an Initiative petition is signed by twenty per cent of the registered voters, addressed to the city council or to the school committee, it shall be transmitted to the body to which it is addressed; that body shall either pass the said measure without alteration or the city council shall call a special election, at which that measure shall be submitted to the voters, and no measure so submitted shall go into effect unless it receives the affirmative vote of at least one-third of the whole number of registered voters. If the Initiative petition is proposed by a petition bearing the signatures of eight per cent but less than twenty per cent of the registered voters, and if the measure is not passed without alteration within twenty days by the city council or school committee, as the case may be, that measure must be submitted to the voters at the next regular city election.

A Referendum may be invoked on any measure passed by the city council or by the school committee, if a petition calling therefor is filed within twenty days of its passage, signed by registered voters, equal in number to twelve per cent of the registered voters of the city. The city council or school committee is required forthwith to reconsider that measure and unless it is wholly annulled or repealed, it must be submitted to the voters at the next general city election or at a special election, as the city council shall determine, and the measure thus challenged becomes null and void unless a majority of the qualified voters voting on the same at such election shall vote in favor thereof.

For discussion of the Initiative and Referendum in local government, see C. A. Beard, American City Government: A Survey of Newer Tendencies, The Century Company, New York, 1912; and W. B. Munro, The Government of American Cities; The Macmillan Company, New York, 1912, especially "Direct Legislation and the Recall," 321-357.

The October, 1916, issue of Equity is devoted entirely to the topic: "Municipal Efficiency under Popular Control," and presents a survey of the law and practice as to the Initiative and Referendum in the cities of every State in the Union.

APPENDIX A.

CONSTITUTIONAL AND STATUTORY PROVISIONS RELATING TO THE STATE-WIDE INITIATIVE AND REFERENDUM.

Const. (Amend. 1910), art. 5, | Acts of Ark., 1909, pp. 1238sect. 1.

Const. (Amend. 1911), art. 4, Statutes, 1911, pp. 1655-1659. sect. 1.

Const. (Amend. 1910), art. 5, Session Laws, 1910, pp. 11sect. 1.

Const. (Amend. 1906), art. 5, Laws, 1907, ch. 62.
sect. 1.

Const. (Amend. 1912), art. 3,

sects. 1-1d and 10.

Const. 1907, art. 5, sects. 1-4, Comp. Laws, 1909, ch. 51, as 6-8; art. 24, sect. 3.

APPENDIX B.

TEXT OF CONSTITUTIONAL AND STATUTORY PROVISIONS RELATING TO THE INITIATIVE AND REFERENDUM FROM TYPICAL STATES.

OREGON.

CONSTITUTIONAL PROVISIONS.

ARTICLE IV.

LEGISLATIVE DEPARTMENT.

§1. Legislative Authority-Style of Bill - Initiative and Referendum. 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 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 of the state shall be had at the biennial regular general elections, 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 thereon, 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.

The above section is an amendment to the original constitution, and was adopted by the twentieth legislative assembly; adopted by the twenty-first legislative assembly: adopted by the people, by vote of 62,024 for, to 5,668 against it, June 2, 1902.

§ 1a. Initiative and Referendum on Local, Special, and Municipal Laws and Parts of Laws.

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 the legal voters of every municipality and district, as to all local, special, and municipal legislation, of every character, in or 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.

The above section was proposed by initiative petition filed in the office of the secretary of state February 3, 1906, and adopted by vote of the people, 47,678 for, and 16,735 against, June 4, 1906. It went into effect by proclamation of the governor, issued June 25, 1906.

ARTICLE XVII.

AMENDMENTS.

§ 1. Amendments to Constitution, How Made.

Any amendment or amendments to this constitution may be proposed in either branch of the legislative assembly, and if the same shall be agreed to by a majority of all the members elected to each of the two houses, such proposed amendment or amendments shall, with the yeas and nays thereon, be entered in their journals and referred by the secretary of state to the people for their approval or rejection, at the next regular general election, except when the legislative assembly shall order