It is misleading to suppose, as is often done, that the Swit

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DIRECT LEGISLATION

BY

THE CITIZENSHIP

THROUGH

THE INITIATIVE AND REFERENDUM

BY

J.W. SULLIVAN

* * * * *

CONTENTS:

AS TO THIS BOOK i.

THE INITIATIVE AND REFERENDUM IN SWITZERLAND 5

THE PUBLIC STEWARDSHIP OF SWITZERLAND 25

THE COMMON WEALTH OF SWITZERLAND 47

DIRECT LEGISLATION IN THE UNITED STATES 72

THE WAY OPEN TO PEACEFUL REVOLUTION 95

* * * * *

[_Copyright, 1892, by J.W. Sullivan._]

* * * * *

NEW YORK

TRUE NATIONALIST PUBLISHING COMPANY

1893

AS TO THIS BOOK.

This is the second in a series of sociological works, each a small

volume, I have in course of publication. The first, "A Concept of

Political Justice," gave in outline the major positions which seem to me

logically to accord in practical life with the political principle of

equal freedom. In the present work, certain of the positions taken in

the first are amplified. In each of the volumes to come, which will be

issued as I find time to complete them, similar amplification in the

case of other positions will be made. Naturally, the order of

publication of the proposed works may be influenced by the general trend

in the discussion of public questions.

The small-book plan I have adopted for several reasons. One is, that the

writer who embodies his thought on any large subject in a single weighty

volume commonly finds difficulty in selling the work or having it read;

the price alone restricts its market, and the volume, by its very size,

usually repels the ordinary reader. Another, that the radical world,

which I especially address, is nowadays assailed with so much printed

matter that in it big books have slight show of favor. Another, that the

reader of any volume in the series subsequent to the first may on

reference to the first ascertain the train of connection and entire

scope of the thought I would present. And, finally, that such persons as

have been won to the support of the principles taught may interest

themselves, and perhaps others, in spreading knowledge of these

principles, as developed in the successive works.

On the last-mentioned point, a word. Having during the past decade

closely observed, and in some measure shared in, the discussion of

advanced sociological thought, I maintain with confidence the principles

of equal freedom, not only in their essential truth, but in the leading

applications I have made of them. At least, I may trust that, thus far

in either work, in coming to my more important conclusions, I have not

fallen into error through blind devotion to an "ism" nor halted at

faulty judgment because of limited investigation. I therefore hope to

have others join with me, some to work quite in the lines I follow, and

some to move at least in the direction of those lines.

The present volume I have prepared with care. My attention being

attracted about eight years ago to the direct legislation of

Switzerland, I then set about collecting what notes in regard to that

institution I could glean from periodicals and other publications. But

at that time very little of value had been printed in English. Later, as

exchange editor of a social reform weekly journal, I gathered such facts

bearing on the subject as were passing about in the American newspaper

world, and through the magazine indexes for the past twenty years I

gained access to whatever pertaining to Switzerland had gone on record

in the monthlies and quarterlies; while at the three larger libraries of

New York--the Astor, the Mercantile, and the Columbia College--I found

the principal descriptive and historical works on Switzerland. But from

all these sources only a slender stock of information with regard to the

influence of the Initiative and Referendum on the later political and

economic development of Switzerland was to be obtained. So, when, three

years ago, with inquiry on this point in mind, I spent some months in

Switzerland, about all I had at first on which to base investigations

was a collection of commonplace or beclouded fact from the newspapers, a

few statistics and opinions from an English magazine or two, and some

excerpts from volumes by De Laveleye and Freeman which contained

chapters treating of Swiss institutions. Soon after, as a result of my

observations in the country, I contributed, under the caption

"Republican Switzerland," a series of articles to the New York "Times"

on the Swiss government of today, and, last April, an essay to the

"Chautauquan" magazine on "The Referendum in Switzerland." On the form

outlined in these articles I have constructed the first three chapters

of the present work. The data, however, excepting in a few cases, are

corrected to 1892, and in many respects besides I have profited by the

labors of other men in the same field.

The past two years and a half has seen much writing on Swiss

institutions. Political investigators are awakening to the fact that in

politics and economics the Swiss are doing what has never before been

done in the world. In neighborhood, region, and nation, the entire

citizenship in each case concerned is in details operating the

government. In certain cantons it is done in every detail. Doing this,

the Swiss are moving rapidly in practically grappling with social

problems that elsewhere are hardly more than speculative topics with

scholars and theorists. In other countries, consequently, interested

lookers-on, having from different points of view taken notes of

democratic Switzerland, are, through newspaper, magazine, and book,

describing its unprecedented progress and suggesting to their own

countrymen what in Swiss governmental experience may be found of value

at home. Of the more solid writing of this character, four books may

especially be recommended. I mention them in the order of their

publication.

"The Swiss Confederation." By Sir Francis Ottiwell Adams and C.D.

Cunningham. (London: Macmillan & Co.; 1889; 289 pages; $1.75.) Sir

Francis Ottiwell Adams was for some years British Minister at Berne.

"The Federal Government of Switzerland: An Essay on the Constitution."

By Bernard Moses, Ph.D., professor of history and political economy,

University of California. (Pacific Press Publishing Company: Oakland,

Cal.; 1889; 256 pages; $1.25.) This work is largely a comparative study

of constitutions. It is meant chiefly for the use of students of law and

of legal history. It abounds, however, in facts as to Switzerland which

up to the time of its publication were quite inaccessible to American

readers.

"State and Federal Government of Switzerland." By John Martin Vincent,

Ph.D., librarian and instructor in the department of history and

politics, Johns Hopkins University. (Baltimore: Johns Hopkins Press;

1891; 247 pages; $1.50.) Professor Vincent had access, at the

university, to the considerable collection of books and papers relating

to Switzerland made by Professor J.C. Bluntschli, an eminent Swiss

historian who died in 1881, and also to a large number of government

publications presented by the Swiss Federal Council to the university

library.

"The Swiss Republic." By Boyd Winchester, late United States Minister at

Berne. (Philadelphia: J.B. Lippincott & Co.; 1891; 487 pages; $1.50.)

Mr. Winchester was stationed four years at Berne, and hence had better

opportunity than Professor Vincent or Professor Moses for obtaining a

thorough acquaintance with Switzerland. Much of his book is taken up

with descriptive writing, all good.

Were I asked which of these four works affords the fullest information

as to new Switzerland and new Swiss political methods, I should be

obliged to refer the inquirer to his own needs. Professor Moses's is

best for one applying himself to law and constitutional history.

Professor Vincent's is richest in systematized details and statistics,

especially such as relate to the Referendum and taxation; and in it also

is a bibliography of Swiss politics and history. For the general reader,

desiring description of the country, stirring democratic sentiment, and

an all-round view of the great little republic, Mr. Winchester's is

preferable.

In expanding and rearranging my "Times" and "Chautauquan" articles, I

have, to some extent, used these books.

Throughout this work, wherever possible, conservatives, rather than

myself, have been made to speak; hence quotations are frequent. The

first drafts of the chapters on Switzerland have been read by Swiss

radicals of different schools, and the final proofsheets have been

revised by a Swiss writer of repute living in New York; therefore

serious error is hardly probable. The one fault I myself have to find

with the work is its baldness of statement, rendered necessary by space

limits. I could, perhaps more easily, have prepared four or five hundred

pages instead of the one hundred and twenty. I leave it rather to the

reader to supply comparison and analysis and the eloquent comment of

which, it seems to me, many of the statements of fact are worthy.

J.W.S.

THE INITIATIVE AND REFERENDUM IN SWITZERLAND.

_Democratic versus Representative Government._

There is a radical difference between a democracy and a representative

government. In a democracy, the citizens themselves make the law and

superintend its administration; in a representative government, the

citizens empower legislators and executive officers to make the law and

to carry it out. Under a democracy, sovereignty remains uninterruptedly

with the citizens, or rather a changing majority of the citizens; under

a representative government, sovereignty is surrendered by the citizens,

for stated terms, to officials. In other words, democracy is direct rule

by the majority, while representative government is rule by a succession

of quasi-oligarchies, indirectly and remotely responsible to the

majority.

Observe, now, first, the influences that chiefly contribute to make

government in the United States what it is:--

The county, state, and federal governments are not democracies. In form,

they are quasi-oligarchies composed of representatives and executives;

but in fact they are frequently complete oligarchies, composed in part

of unending rings of politicians that directly control the law and the

offices, and in part of the permanent plutocracy, who purchase

legislation through the politicians.

Observe, next, certain strong influences for the better that obtain in a

pure democracy:--

An obvious influence is, in one respect, the same as that which

enriches the plutocrat and prompts the politician to reach for

power--self-interest. When all the members of any body of men find

themselves in equal relation to a profitable end in which they solely

are concerned, they will surely be inclined to assert their joint

independence of other bodies in that respect, and, further, each member

will claim his full share of whatever benefits arise. But, more than

that; something like equality of benefits being achieved, perhaps

through various agencies of force, a second influence will be brought

powerfully to bear on those concerned. It is that of justice. Fair play

to all the members will be generally demanded.

In a pure democracy, therefore, intelligently controlled self-interest

and a consequent sentiment of justice are the sources in which the

highest possible social benefits may be expected to begin.

The reader has now before him the political principle to be here

maintained--pure democracy as distinguished from representative

government. My argument, then, becomes this: To show that, by means of

the one lawmaking method to which pure democracy is restricted,--that of

direct legislation by the citizenship,--the political "ring," "boss,"

and "heeler" may be abolished, the American plutocracy destroyed, and

government simplified and reduced to the limits set by the conscience

of the majority as affected by social necessities. My task involves

proof that direct legislation is possible with large communities.

_Direct Legislation in Switzerland._

Evidence as to the practicability and the effects of direct legislation

is afforded by Switzerland, especially in its history during the past

twenty-five years. To this evidence I turn at once.

There are in Switzerland twenty-two cantons (states), which are

subdivided into 2,706 communes (townships). The commune is the political

as well as territorial unit. Commonly, as nearly as consistent with

cantonal and federal rights, in local affairs the commune governs

itself. Its citizens regard it as their smaller state. It is jealous of

interference by the greater state. It has its own property to look

after. Until the interests of the canton or the Confederation manifestly

replace those of the immediate locality, the commune declines to part

with the administration of its lands, forests, police, roads, schools,

churches, or taxes.

In German Switzerland the adult male inhabitants of the commune meet at

least once annually, usually in the town market place or on a mountain

plain, and carry out their functions as citizens. There they debate

proposed laws, name officers, and discuss affairs of a public nature. On

such occasions, every citizen is a legislator, his voice and vote

influencing the questions at issue. The right of initiating a measure

belongs to each. Decision is ordinarily made by show of hands. In most

cantons the youth becomes a voter at twenty, the legal age for acquiring

a vote in federal affairs, though the range for cantonal matters is from

eighteen to twenty-one.

Similar democratic legislative meetings govern two cantons as cantons

and two other cantons divided into demi-cantons. In the demi-canton of

Outer Appenzell, 13,500 voters are qualified thus to meet and legislate,

and the number actually assembled is sometimes 10,000. But this is the

highest extreme for such an assemblage--a Landsgemeinde (a

land-community)--the lowest for a canton or a demi-canton comprising

about 3,000. One other canton (Schwyz, 50,307 inhabitants) has

Landsgemeinde meetings, there being six, with an average of 2,000 voters

to each. In communal political assemblages, however, there are usually

but a few hundred voters.

The yearly cantonal or demi-cantonal Landsgemeinde takes place on a

Sunday in April or May. While the powers and duties of the body vary

somewhat in different cantons, they usually cover the following

subjects: Partial as well as total revision of the constitution;

enactment of all laws; imposition of direct taxes; incurrence of state

debts and alienation of public domains; the granting of public

privileges; assumption of foreigners into state citizenship;

establishment of new offices and the regulation of salaries; election of

state, executive, and judicial officers.[A]

[Footnote A: J.M. Vincent: "State and Federal Government in

Switzerland."]

The programme for the meeting is arranged by the officials and published

beforehand, the law in some cantons requiring publication four weeks

before the meeting, and in others but ten days. "To give opportunities

for individuals and authorities to make proposals and offer bills, the

official gazette announces every January that for fourteen days after a

given date petitions may be presented for that purpose. These must be

written, the object plainly stated and accompanied by the reasons. All

such motions are considered by what is called the Triple Council, or

legislature, and are classified as 'expedient' and 'inexpedient.' A

proposal receiving more than ten votes must be placed on the list of

expedient, accompanied by the opinion of the council. The rejected are

placed under a special rubric, familiarly called by the people the

_Beiwagen_. The assembly may reverse the action of the council if it

chooses and take a measure out of the 'extra coach,' but consideration

of it is in that case deferred until the next year. In the larger

assemblies debate is excluded, the vote being simply on rejection or

adoption. In the smaller states the line is not so tightly drawn....

Votes are taken by show of hands, though secret ballot may be had if

demanded, elections of officers following the same rule in this matter

as legislation. Nominations for office, however, need not be sent in by

petition, but may be offered by any one on the spot."[B]

[Footnote B: Vincent.]

_The Initiative and the Referendum._

It will be observed that the basic practical principles of both the

communal meeting and the Landsgemeinde are these two:

(1) That every citizen shall have the right to propose a measure of law

to his fellow-citizens--this principle being known as the Initiative.

(2) That the majority shall actually enact the law by voting the

acceptance or the rejection of the measures proposed. This principle,

when applied in non-Landsgemeinde cantons, through ballotings at polling

places, on measures sent from legislative bodies to the people, is known

as the Referendum.

The Initiative has been practiced in many of the communes and in the

several Landsgemeinde cantons in one form or other from time immemorial.

In the past score of years, however, it has been practiced by petition

in an increasing number of the cantons not having the democratic

assemblage of all the citizens.

The Referendum owes its origin to two sources. One source was in the

vote taken at the communal meeting and the Landsgemeinde. The principle

sometimes extended to cities, Berne, for instance, in the fifty-five

years from 1469 to 1524, taking sixty referendary votings. The other

source was in the vote taken by the ancient cantons on any action by

their delegates to the federal Diet, or congress, these delegates

undertaking no affair except on condition of referring it to the

cantonal councils--_ad referendum_.

The principles of the Initiative and Referendum have of recent years

been extended so as to apply, to a greater or lesser extent, not only to

cantonal affairs in cantons far too large for the Landsgemeinde, but to

certain affairs of the Swiss Confederation, comprising three million

inhabitants. In other words, the Swiss nation today sees clearly, first,

that the democratic system has manifold advantages over the

representative; and, secondly, that no higher degree of political

freedom and justice can be obtained than by granting to the least

practicable minority the legal right to propose a law and to the

majority the right to accept or reject it. In enlarging the field of

these working principles, the Swiss have developed in the political

world a factor which, so far as it is in operation, is creating a

revolution to be compared only with that caused in the industrial world

by the steam engine.

* * * * *

The cantonal Initiative exists in fourteen of the twenty-two cantons--in

some of them, however, only in reference to constitutional amendments.

Usually, the proposal of a measure of cantonal law by popular initiative

must be made through petition by from one-twelfth to one-sixteenth of

the voters of the canton. When the petition reaches the cantonal

legislature, the latter body is obliged, within a brief period,

specified by the constitution, to refer the proposal to a cantonal vote.

If the decision of the citizens is then favorable, the measure is law,

and the executive and judicial officials must proceed to carry it into

effect.

The cantonal Referendum is in constant practice in all the cantons

except Freiburg, which is governed by a representative legislature. The

extent, however, to which the Referendum is applied varies considerably.

In two cantons it is applicable only to financial measures; in others it

is optional with the people, who sometimes demand it, but oftener do

not; in others it is obligatory in connection with the passage of every

law. More explicitly: In the canton of Vaud a mere pseudo-referendary

right exists, under which the Grand Council (the legislature) may, if it

so decides, propose a reference to the citizens. Valais takes a popular

vote only on such propositions passed by the Grand Council as involve a

one and a half per cent increase in taxation or a total expenditure of

60,000 francs. With increasing confidence in the people, the cantons of

Lucerne, Zug, Bâle City, Schaffhausen, St. Gall, Ticino, Neuchâtel, and

Geneva refer a proposed law, after it has passed the Grand Council, to

the voters when a certain proportion of the citizens, usually one-sixth

to one-fourth, demand it by formal petition. This form is called the

optional Referendum. Employed to its utmost in Zurich, Schwyz, Berne,

Soleure, Bâle Land, Aargau, Thurgau, and the Grisons, in these cantons

the Referendum permits no law to be passed or expenditure beyond a

stipulated sum to be made by the legislature without a vote of the

people. This is known as the obligatory Referendum. Glarus, Uri, the

half cantons of Niwald and Obwald (Unterwald), and those of Outer and

Inner Appenzell, as cantons, or demi-cantons, still practice the

democratic assemblage--the Landsgemeinde.

In the following statistics, the reader may see at a glance the progress

of the Referendum to the present date, with the population of

Switzerland by cantons, and the difficulties presented by differences of

language in the introduction of reforms:--

-----------------------------------------------------------------------

| No. inhab. | | Form of Passing | Yr. of

Canton. | Dec., 1888. | Language. | Laws. | Entry

-------------|-------------|-----------------|-----------------|-------

Zurich | 337,183 | German. | Oblig. Ref. | 1351

Berne | 536,679 |Ger. and French. | " | 1353

Lucerne | 135,360 | German. | Optional Ref. | 1332

Uri | 17,249 |Ger. and Italian.| Landsgemeinde. | 1291

Schwyz | 50,307 | German. | Oblig. Ref. | "

Unterwald | | | | "

Obwald | 15,041 | " | Landsgemeinde. |

Niwald | 12,538 | " | " |

Glarus | 33,825 | " | " | 1352

Zug | 23,029 | " | Optional Ref. | "

Freiburg | 119,155 | French and Ger. | Legislature. | 1481

Soleure | 85,621 | German. | Oblig. Ref. | "

Bâle | | | | 1501

City | 73,749 | " | Optional Ref. |

Country | 61,941 | " | Oblig. Ref. |

Schaffhausen | 37,783 | " | Optional Ref. | "

Appenzell | | | | 1573

Outer | 54,109 | " | Landsgemeinde. |

Inner | 12,888 | " | " |

St. Gall | 228,160 | " | Optional Ref. | 1803

Grisons | 94,810 | Ger.,Ital.,Rom. | Oblig. Ref. | "

Aargau | 193,580 | German. | " | "

Thurgau | 104,678 | " | " | "

Ticino | 126,751 | Italian. | Optional Ref. | "

Vaud | 247,655 | French and Ger. | " | "

Valais | 101,985 | " | Finance Ref. | 1814

Neuchâtel | 108,153 | French. | Optional Ref. | "

Geneva | 105,509 | " | " | "

|-------------| | |

| 2,917,740 | | |

-----------------------------------------------------------------------

In round numbers, 2,092,000 of the Swiss people speak German, 637,000

French, 156,000 Italian, and 30,000 Romansch. Of the principal cities,

in 1887, Zurich, with suburbs, had 92,685 inhabitants; Bâle, 73,963;

Geneva, with suburbs, 73,504; Berne, 50,220; Lausanne, 32,954; and five

others from 17,000 to 25,000. Fourteen per cent of the inhabitants

(410,000) live in cities of more than 15,000. The factory workers number

161,000, representing about half a million inhabitants, and the peasant

proprietors nearly 260,000, representing almost two millions. The area

of Switzerland is 15,892 square miles,--slightly in excess of double

that of New Jersey. The population is slightly less than that of Ohio.

_Switzerland--The Youngest of Republics._

It is misleading to suppose, as is often done, that the Switzerland of

today is the republic which has stood for six hundred years. In truth,

it is the youngest of republics. Its chief governmental features,

cantonal and federal, are the work of the present generation. Its unique

executive council, its democratic army organization, its republican

railway management, its federal post-office, its system of taxation, its

two-chambered congress, the very Confederation itself--all were

originated in the constitution of 1848, the first that was anything more

than a federal compact. The federal Referendum began only in 1874. The

federal Initiative has been just adopted (1891.)[C] The form of cantonal

Referendum now practiced was but begun (in St. Gall) in 1830, and forty

years ago only five cantons had any Referendum whatever, and these in

the optional form. It is of very recent years that the movement has

become steady toward the general adoption of the cantonal Referendum. In

1860 but 34 per cent of the Swiss possessed it, 66 per cent delegating

their sovereign rights to representatives. But in 1870 the

referendariship had risen to 71 per cent, only 29 submitting to

lawmaking officials; and today the proportions are more than 90 per cent

to less than 10.

[Footnote C: For constitutional amendments only.]

The thoughtful reader will ask: Why this continual progress toward a

purer democracy? Wherein lie the inducements to this persistent

revolution?

The answer is this: The masses of the citizens of Switzerland found it

necessary to revolt against their plutocracy and the corrupt politicians

who were exploiting the country through the representative system. For a

peaceful revolution these masses found the means in the working

principles of their communal meetings--the Initiative and

Referendum,--and these principles they are applying throughout the

republic as fast as circumstances admit.[D]

[Footnote D: While the reports of the Secretary of State and "The

History of the Referendum," by Th. Curti, will bear out many of the

statements here made as to how the change from representative to direct

legislation came about, the story as I give it has been written me by

Herr Carl Bürkli, of Zurich, known in his canton as the "Father of the

Referendum."]

The great movement for democracy in Europe that culminated in the

uprising of 1848 brought to the front many original men, who discussed

innovations in government from every radical point of view. Among these

thinkers were Martin Rittinghausen, Emile Girardin, and Louis Blanc.

From September, 1850, to December, 1851, the date of the _coup d'état_

of Louis Bonaparte, these reformers discussed, in the "Democratic

pacifique," a weekly newspaper of Paris, the subject of direct

legislation by the citizens. Their essays created a sensation in France,

and more than thirty journals actively supported the proposed

institution, when the _coup d'état_ put an end to free speech. The

articles were reprinted in book form in Brussels, and other works on the

subject were afterward issued by Rittinghausen and his co-worker Victor

Considérant. Among Considérant's works was "Solution, ou gouvernement

direct du peuple," and this and companion works that fell into the hands

of Carl Bürkli convinced the latter and other citizens of Zurich ("an

unknown set of men," says Bürkli) of the practicability of the

democratic methods advocated. The subject was widely agitated and

studied in Switzerland, and the fact that the theory was already to some

extent in practice there (and in ancient times had been much practiced)

led to further experiments, and these, attaining success, to further,

and thus the work has gone on. The cantonal Initiative was almost

unknown outside the Landsgemeinde when it was established in Zurich in

1869. Soon, however, through it and the obligatory Referendum (to use

Herr Bürkli's words): "The plutocratic government and the Grand Council

of Zurich, which had connived with the private banks and railroads, were

pulled down in one great voting swoop. The people had grown tired of

being beheaded by the office-holders after every election." And

politicians and the privileged classes have ever since been going down

before these instruments in the hands of the people. The doctrines of

the French theorists needed but to be engrafted on ancient Swiss custom,

the Frenchmen in fact having drawn upon Swiss experience.

_The Optional and the Obligatory Referendum._

To-day the movement in the Swiss cantons is not only toward the

Referendum, but toward its obligatory form. The practice of the optional

form has revealed defects in it which are inherent.[E]

[Footnote E: The facts relative to the operation of these two forms of

the Referendum have been given me by Monsieur P. Jamin, of Geneva.]

Geneva's management of the optional cantonal Referendum is typical. The

constitution provides that, certain of the laws being excepted from the

Referendum, and a prerequisite of its operation being the presentation

to the Grand Council of a popular petition, the people may sanction or

reject not only the bulk of the laws passed by the Grand Council but

also the decrees issued by the legislative and executive powers. The

exceptions are (1) "measures of urgence" and (2) the items of the annual

budget, save such as establish a new tax, increase one in force, or

necessitate an issue of bonds. The Referendum cannot be exercised

against the budget as a whole, the Grand Council indicating the sections

which are to go to public vote. In case of opposition to any measure, a

petition for the Referendum is put in circulation. To prevent the

measure from becoming law, the petition must receive the legally

attested signatures of at least 3,500 citizens--about one in six of the

cantonal vote--within thirty days after the publication of the proposed

measure. After this period--known as "the first delay"--the referendary

vote, if the petition has been successful, must take place within forty

days--"the second delay."

The power of declaring measures to be "of urgence" lies with the Grand

Council, the body passing the measures. Small wonder, then, that in its

eyes many bills are of too much and too immediate importance to go to

the people. "The habit," protested Grand Councilor M. Putet, on one

occasion, "tends more and more to introduce itself here of decreeing

urgence unnecessarily, thus taking away from the Referendum expenses

which have nothing of urgence. This is contrary to the spirit of the

constitutional law. Public necessity alone can authorize the Grand

Council to take away any of its acts from the public control."

Another defect in the optional Referendum is that it can be transformed

into a partisan weapon--politicians being ready, in Geneva, as in San

Francisco, to take advantage of the law for party purposes. For example,

the representatives of a minority party, seeking a concession from a

majority which has just passed a bill, will threaten, if their demands

are not granted, to agitate for the Referendum on the bill; this, though

the minority itself may favor the measure, some of its members, perhaps,

having voted for it. As the majority may be uncertain of the outcome of

a struggle at the polls, it will probably be inclined to make peace on

the terms dictated by the minority.

But the most serious objections to the optional form arise in connection

with the petitioning. Easy though it be for a rich and strong party to

bear the expense of printing, mailing, and distributing petitions and

circulars, in case of opposition from the poorer classes the cost may

prove an insurmountable obstacle. Especially is it difficult to get up a

petition after several successive appeals coming close together, the

constant agitation growing tiresome as well as financially burdensome.

Hence, measures have sometimes become law simply because the people have

not had time to recover from the prolonged agitation in connection with

preceding propositions. Besides, each measure submitted to the optional

Referendum brings with it two separate waves of popular discussion--one

on the petition and one on the subsequent vote. On this point

ex-President Numa Droz has said: "The agitation which takes place while

collecting the necessary signatures, nearly always attended with strong

feeling, diverts the mind from the object of the law, perverts in

advance public opinion, and, not permitting later the calm discussion of

the measure proposed, establishes an almost irresistible current toward

rejection." Finally, a fact as notorious in Switzerland as vote-buying

in America, a large number of citizens who are hostile to a proposed law

may fear to record an adverse opinion by signing a Referendum list.

Their signatures may be seen and the unveiling of their sentiments

imperil their means of livelihood.

Zurich furnishes the example of the cantons having the obligatory

Referendum. There the law provides: 1. That all laws, decrees, and

changes in the constitution must be submitted to the people. 2. That all

decisions of the Grand Council on existing law must be voted on. 3. That

the Grand Council may submit decisions which it itself proposes to make,

and that, besides the voting on the whole law, the Council may ask a

vote on a special point. The Grand Council cannot put in force

provisionally any law or decree. The propositions must be sent to the

voters at least thirty days before voting. The regular referendary

ballotings take place twice a year, spring and autumn, but in urgent

cases the Grand Council may call for a special election. The law in this

canton assists the lawmakers--the voters--in their task; when a citizen

is casting his own vote he may also deposit that of one or two relatives

and friends, upon presenting their electoral card or a certificate of

authorization.

In effect, the obligatory Referendum makes of the entire citizenship a

deliberative body in perpetual session--this end being accomplished in

Zurich in the face of every form of opposing argument. Formerly, its

adversaries made much of the fact that it was ever calling the voters to

the urns; but this is now avoided by the semi-annual elections. It was

once feared that party tickets would be voted without regard to the

merits of the various measures submitted; but it has been proved beyond

doubt that the fate of one proposition has no effect whatever on that of

another decided at the same time. Zurich has pronounced on ninety-one

laws in twenty-eight elections, the votes indicating surprising

independence of judgment. When the obligatory form was proposed for

Zurich, its supporters declared it a sure instrument, but that it might

prove a costly one they were not prepared by experiment to deny. Now,

however, they have the data to show that taxes--unfailing reflexes of

public expenditure--are lower than ever, those for police, for example,

being only about half those of optional Geneva, a less populous canton.

To the prophets who foresaw endless partisan strife in case the

Referendum was to be called in force on every measure, Zurich has

replied by reducing partisanship to its feeblest point, the people

indifferent to parties since an honest vote of the whole body of

citizens must be the final issue of every question.

The people of Zurich have proved that the science of politics is simple.

By refusing special legislation, they evade a flood of bills. By deeming

appropriations once revised as in most part necessary, they pay

attention chiefly to new items. By establishing principles in law, they

forbid violations. Thus there remain no profound problems of state, no

abstruse questions as to authorities, no conflict as to what is the law.

Word fresh from the people is law.

_The Federal Referendum._

The Federal Referendum, first established by the constitution of 1874,

is optional. The demand for it must be made by 30,000 citizens or by

eight cantons. The petition for a vote under it must be made within

ninety days after the publication of the proposed law. It is operative

with respect either to a statute as passed by the Federal Assembly

(congress), or a decree of the executive power. Of 149 Federal laws and

decrees subject to the Referendum passed up to the close of 1891 under

the constitution of 1874, twenty-seven were challenged by the necessary

30,000 petitioners, fifteen being rejected and twelve accepted. The

Federal Initiative was established by a vote taken on Sunday, July 5,

1891. It requires 50,000 petitioners, whose proposal must be discussed

by the Federal assembly and then sent within a prescribed delay to the

whole citizenship for a vote. The Initiative is not a petition to the

legislative body; it is a demand made on the entire citizenship.

Where the cantonal Referendum is optional, a successful petition for it

frequently secures a rejection of the law called in question. In 1862

and again in 1878, the canton of Geneva rejected proposed changes in its

constitution, on the latter occasion by a majority of 6,000 in a vote of

11,000. Twice since 1847 the same canton has decided against an increase

of official salaries, and lately it has declined to reduce the number of

its executive councilors from seven to five. The experience of the

Confederation has been similar. Between 1874 and 1880 five measures

recommended by the Federal Executive and passed by the Federal Assembly

were vetoed by a national vote.

_Revision of Constitutions._

Revision of a constitution through the popular vote is common. Since

1814, there have been sixty revisions by the people of cantonal

constitutions alone. Geneva asks its citizens every fifteen years if

they wish to revise their organic law, thus twice in a generation

practically determining whether they are in this respect content. The

Federal constitution may be revised at any time. Fifty thousand voters

petitioning for it, or the Federal Assembly (congress) demanding it, the

question is submitted to the country. If the vote is in the affirmative,

the Council of States (the senate) and the National Council (the house)

are both dissolved. An election of these bodies takes place at once; the

Assembly, fresh from the people, then makes the required revision and

submits the revised constitution to the country. To stand, it must be

supported by a majority of the voters and a majority of the twenty-two

cantons.

_Summary._

To sum up: In Switzerland, in this generation, direct legislation has in

many respects been established for the federal government, while in so

large a canton as Zurich, with nearly 340,000 inhabitants, it has also

been made applicable to every proposed cantonal law, decree, and

order,--the citizens of that canton themselves disposing by vote of all

questions of taxation, public finance, executive acts, state employment,

corporation grants, public works, and similar operations of government

commonly, even in republican states, left to legislators and other

officials. In every canton having the Initiative and the obligatory

Referendum, all power has been stripped from the officials except that

of a stewardship which is continually and minutely supervised and

controlled by the voters. Moreover, it is possible that yet a few years

and the affairs not only of every canton of Switzerland but of the

Confederation itself will thus be taken in hand at every step.

* * * * *

Here, then, is evidence incontrovertible that pure democracy, through

direct legislation by the citizenship, is practicable--more, is now

practiced--in large communities. Next as to its effects, proven and

probable.

THE PUBLIC STEWARDSHIP OF SWITZERLAND.

If it be conceived that the fundamental principles of a free society are

these: That the bond uniting the citizens should be that of contract;

that rights, including those in natural resources, should be equal, and

that each producer should retain the full product of his toil, it must

be conceded on examination that toward this ideal Switzerland has made

further advances than any other country, despite notable points in

exception and the imperfect form of its federal Initiative and

Referendum. Before particulars are entered into, some general

observations on this head may be made.

_The Political Status in Switzerland._

An impressive fact in Swiss politics to-day is its peace. Especially is

this true of the contents and tone of the press. In Italy and Austria,

on the south and east, the newspapers are comparatively few, mostly

feeble, and in general subservient to party or government; in Germany,

on the north, where State Socialism is strong, the radical press is at

times turbulent and the government journals reflect the despotism they

uphold; in France, on the west and southwest, the public writers are

ever busy over the successive unstable central administrations at

Paris, which exercise a bureaucratic direction of every commune in the

land. In all these countries, men rather than measures are the objects

of discussion, an immediate important campaign question inevitably being

whether, when once in office, candidates may make good their

ante-election promises. Thus, on all sides, over the border from

Switzerland, political turmoil, with its rancor, personalities, false

reports, hatreds, and corruptions, is endless. But in Switzerland,

debate uniformly bears not on men but on measures. The reasons are

plain. Where the veto is possessed by the people, in vain may rogues go

to the legislature. With few or no party spoils, attention to public

business, and not to patronage or private privilege, is profitable to

office holders as well as to the political press.

In the number of newspapers proportionate to population, Switzerland

stands with the United States at the head of the statistical list for

the world. In their general character, Swiss political journals are

higher than American. They are little tempted to knife reputations, to

start false campaign issues, to inflame partisan feeling; for every

prospective cantonal measure undergoes sober popular discussion the year

round, with the certain vote of the citizenship in view in the cantons

having the Landsgemeinde or the obligatory Referendum, and a possible

vote in most of the other cantons, while federal measures also may be

met with the federal optional Referendum.

The purity and peacefulness of Swiss press and politics are due to the

national development of today as expressed in appropriate institutions.

Of these institutions the most effective, the fundamental, is direct

legislation, accompanied as it is with general education. In education

the Swiss are preëminent among nations. Illiteracy is at a lower

percentage than in any other country; primary instruction is free and

compulsory in all the cantons; and that the higher education is general

is shown in the four universities, employing three hundred instructors.

An enlightened people, employing the ballot freely, directly, and in

consequence effectively--this is the true sovereign governing power in

Switzerland. As to what, in general terms, have been the effects of this

power on the public welfare, as to how the Swiss themselves feel toward

their government, and as to what are the opinions of foreign observers

on the recent changes through the Initiative and Referendum, some

testimony may at this point be offered.

In the present year, Mr. W.D. McCrackan has published in the "Arena" of

Boston his observations of Swiss politics. He found, he says, the

effects of the Referendum to be admirable. Jobbery and extravagance are

unknown, and politics, as there is no money in it, has ceased to be a

trade. The men elected to office are taken from the ranks of the

citizens, and are chosen because of their fitness for the work. The

people take an intelligent interest in every kind of local and federal

legislation, and have a full sense of their political responsibility.

The mass of useless or evil laws which legislatures in other countries

are constantly passing with little consideration, and which have

constantly to be repealed, are in Switzerland not passed at all.

In a study of the direct legislation of Switzerland, the "Westminster

Review," February, 1888, passed this opinion: "The bulk of the people

move more slowly than their representatives, are more cautious in

adopting new and trying legislative experiments, and have a tendency to

reject propositions submitted to them for the first time." Further: "The

issue which is presented to the sovereign people is invariably and

necessarily reduced to its simplest expression, and so placed before

them as to be capable of an affirmative or negative answer. In practice,

therefore, the discussion of details is left to the representative

assemblies, while the people express approval or disapproval of the

general principle or policy embraced in the proposed measure. Public

attention being confined to the issue, leaders are nothing. The

collective wisdom judges of merits."

A.V. Dicey, the critic of constitutions, writes in the "Nation," October

8, 1885: "The Referendum must be considered, on the whole, a

conservative arrangement. It tends at once to hinder rapid change and

also to get rid of that inflexibility or immutability which, in the eyes

of Englishmen at least, is a defect in the constitution of the United

States."

A Swiss radical has written me as follows: "The development given to

education during the last quarter of a century will have without doubt

as a consequence an improved judgment on the part of a large number of

electors. The press also has a rôle more preponderant than formerly.

Everybody reads. Certainly the ruling classes profit largely by the

power of the printing press, but with the electors who have received

some instruction the capitalist newspapers are taken with due allowance

for their sincerity. Their opinion is not accepted without inquiry. We

see a rapid development of ideas, if not completely new, at least

renewed and more widespread. More or less radical reviews and

periodicals, in large number, are not without influence, and their

appearance proves that great changes are imminent."

Professor Dicey has contrasted the Referendum with the _plébiscite_:

"The Referendum looks at first sight like a French _plébiscite_, but no

two institutions can be marked by more essential differences. The

_plébiscite_ is a revolutionary or at least abnormal proceeding. It is

not preceded by debate. The form and nature of the questions to be

submitted to the nation are chosen and settled by the men in power, and

Frenchmen are asked whether they will or will not accept a given policy.

Rarely, indeed, when it has been taken, has the voting itself been full

or fair. Deliberation and discussion are the requisite conditions for

rational decision. Where effective opposition is an impossibility,

nominal assent is an unmeaning compliment. These essential

characteristics, the lack of which deprives a French _plébiscite_, of

all moral significance, are the undoubted properties of the Swiss

Referendum."

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