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organizations interested in legislation - good or bad send agents to State capitols to frequent the legislative halls for the purpose of influencing legislative votes. All such agents engaged in lobbying at the capitol are known as lobbyists.

The State of Wisconsin requires lobbyists to register their names and that of the organization which they represent. The register is open to public inspection. Thus the State is endeavoring to give publicity to the lobbyists who have been responsible for much bad legislation.

168. The Referendum. - In one third of the States the Governor is not the only authority that can prevent a bill which has passed the legislature from becoming law. In these States a device known as the referendum permits a small percentage of the voters to require the reference of any act passed by the legislature to all of the voters for approval or rejection. The referendum thus enables the voters to reject undesired legislation.

In November, 1914, the voters of nine States had a total of twenty-seven legislative statutes referred to them by petition, and of these nineteen were rejected by the voters. For instance, the legislature of Missouri passed a law known as the

full crew law” which required railroads to man their trains with more men than the railroad companies thought were necessary. Therefore the railroads had five per cent of the voters in each of two thirds of the congressional districts sign a petition demanding that the statute be referred to the people. It was referred at the November election and rejected by a vote of 324,384 to 159,892.

169. The Initiative. - All of the States which have the State-wide referendum, except Maryland and New Mexico, also have the State-wide initiative, which is a device whereby a small percentage of voters may initiate a law and have it referred to all of the voters for their acceptance or rejection Thus, if a legislature will not enact a law which a certain per cent of the voters think the majority favor they can have the prescribed per cent sign a petition, and the measure will be referred to the voters at the next election. This is known as direct legislation because voters make law directly, not depending upon their legislators.

1 For list of Referendum States see section 244. 2 For a complete list of Initiative States see section 244.

At the 1914 November election six States voted upon fortyone initiated statutes of which they enacted thirteen into law and rejected twenty-eight. As examples, Oregon abolished capital punishment by means of the initiative, the vote standing 100,552 to 100,395, and Washington State abolished the sale of liquor throughout the State by the same means, the vote being 189,840 to 171,208.

170. Commission Government for States. — Believing that the State legislatures are no longer able to carry out the various duties which new conditions impose upon them, Governor Hodges of Kansas sent a special message to the Kansas legislature on March 10, 1913, containing the following passage:

“In common with a large and growing number of thoughtful people I am persuaded that the instrumentalities for legislation provided for in our State constitution have become antiquated and inefficient. Our system is fashioned after the English parliament, with its two houses based upon the distinction between the nobility and the mon people, each House representing the diverse interests of these classes. No such reason exists in this State for a dual legislative system, and even in England at the present time the dual system has been practically abandoned and the upper House shorn of its importance, and I believe that we should now concern ourselves in devising a system for legislating that will give us more efficiency and quicker response to the demands of our economic and social conditions and to the will of the people. ...

“You senators and representatives cannot but have observed the defects of our present system. In a short session of 50 days you are required to study and pass upon hundreds of measures, and the hurry with which this must be done must of necessity result in a number of more or less crude and ill-digested laws, which often puzzle learned jurists to interpret with anything like satisfaction to themselves or to the public. Hundreds of measures also, embodying important legislation, die on the calendar every two years. After a brief session the

or

a

Legislature adjourns, and the business of one coördinate branch of the State government is absolutely abandoned for a whole biennium,. unless the Legislature is convoked in an expensive extraordinary session by the governor. It is as if the head of an important department of some big business should give only 50 days every two years to its management.

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“For myself, I can see no good reason why this new idea of government by commission should not be adopted for the transaction of the business of the State. Two years ago I suggested a single legislative assembly of thirty members from thirty legislative districts. I am now inclined to believe that this number is too large and that a legislative assembly of one, or at most two, from each Congressional district would be amply large. My judgment is that the governor should be ex officio a member and presiding officer of this assembly, and that it should be permitted to meet in such frequent and regular or adjourned sessions as the exigencies of the public business demand; that their terms of office be for four or six years, and that they be paid salaries sufficient to justify them in devoting their entire time to the public business. Such a legislative assembly would not, I believe, be more expensive than our present system. It would centralize the responsibility and accountability, and under the check of the recall would be quickly responsive to the wishes of the people.” 1

BIBLIOGRAPHY DODD, W. F. State Government in the United States. 1922. HOLCOMBE, A. N. State Government in the United States. 1916. KIMBALL, E. State and Municipal Government in the U. S. 1922. OGG AND RAY. Introduction to American Government. 1922.

1 So far the State of Kansas has taken no serious action upon this recommendation, but the question has been voted upon by the people of two other States, Oregon and Oklahoma. In Oregon an initiative amendment to abolish the State senate was defeated by the people at the November election, 1914. In Oklahoma an initiative amendment to establish a one-body legislature of 80 members was voted on at the same time. The vote in favor of the amendment was 94,636, that against it only 71,742, but since 94,636 was not a majority of all the votes cast at that election the amendment was lost because Oklahoma requires a majority of the total number of votes cast at the election to amend its constitution.

QUESTIONS ON THE TEXT

1. By what name is the legislature of the State in which you

live known? The upper house? The lower house?

2. How many members are there in the upper house of the legislature of the State in which you live? The lower house?

3. How many senators are elected from the senatorial district in which

you live? How many representatives ? 4. How often does the legislature meet in the State in which you live? When? Is the length of the session restricted? How may an extra session be called ?

5. What special privileges and immunities do State legislators

enjoy?

6. What salary do legislators receive in the State in which

you live?

7. What restrictions are there upon the legislative powers of the legislature of the State in which you live?

8. What legislative power may counties, townships, and cities exercise ?

9. Mention a number of subjects which may be legislated upon by State legislatures.

10. How are the two houses of a State legislature organized and what control have they over their own members?

11. Who is the presiding officer of the lower house in the State in which you reside? Of the upper house? How are they selected ? What powers do they have? May they vote?

12. Name some other legislative officers.

13. How are committees chosen ? Name several important committees of the legislature of the State in which you live. Do all State legislatures have the same kind of committees ?

14. What is the defect of our committee system, according to exGovernor Sulzer of New York ?

15. What is a joint committee ?

16. Explain how committee hearings are conducted in Massachusetts.

17. How are bills proposed ?

18. What is a legislative reference bureau ? Does the State in which

you

live have one ? 19. Who may introduce bills? What restrictions do some legislatures have regarding the introduction of bills ?

20. Name the stages through which a bill passes in becoming law.

21. What is meant by lobbying? How does Wisconsin regulate the practice of lobbying ?

22. Explain the referendum. The initiative. Does the State in which you live have either or both ?

23. Explain Governor Hodges' criticism of State legislatures and his proposed remedy for the evils of the present system.

QUESTIONS FOR DISCUSSION

1. Bound the senatorial district in which you live. Who is your State senator?

2. Bound the house district in which you live. Name your representative or your representatives.

3. Has the State in which you live been “gerrymanderedfor the advantage of either party, or for the advantage of the rural districts over the cities?

4. If the salary of a State legislator is low it will not prevent candidates who have special interests from seeking election, but what

effect does the low salary have upon one who is not backed by any '. special interests? Will a legislator who receives a low or a high salary be more likely to vote as the people desire ?

5. State constitutions commonly restrict the session of State legislatures to 60 days, which means that bills must be passed or rejected because of the calendar rather than after due consideration. Would it not be well for all States to pay their legislators by the year and permit them to prolong the session as long as need be?

6. In the United States there are 48 State legislatures. Do you think this is too many? For instance, if one legislature made laws for all New England, would it not save expense and the confusion resulting from six different sets of laws?

7. Pennsylvania employs 257 legislators divided into a senate and a house, a governor, and a supreme court to provide its laws. The two legislative bodies are supposed to check each other; the governor with his veto checks them both; and the supreme court checks them all by decisions as to the constitutionality of legislative acts. The salary of the legislators alone amounts to about $400,000 annually. According to the recommendations of ex-Governor Hodges of Kansas how might this method of lawmaking be improved ?

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