INITIATIVE. The initiative is the form of direct legisla tion which enables the voters popularly to frame or direct a legis lative body to enact a certain law. It is the companion popular agency to the referendum, which is the reference to the voters of an act of the legislature for approval or disapproval. The refer endum may be either compulsory or optional, the difference be ing that if the former, it is inoperative until approved by the voters.
In the United States the first initiative and referendum law was passed by South Dakota in 1898. Utah followed in 1900, Oregon in 19o2, Nevada in 1904, Montana in 1906, Oklahoma in 1907, Maine, Missouri and Michigan in 1908, Arkansas and Colo rado in 191 o, California and Arizona in 1911, Idaho, Ohio, Ne braska and Washington in 1912, Mississippi and North Dakota in 1914 and Massachusetts in 1918. New Mexico passed a refer endum law in 1911 and Maryland in 1915. The New Mexico and Utah laws have never been used because of difficult require ments for the petitions. The Mississippi law was declared uncon stitutional. Many cities in other States under the commission and managerial forms of government have adopted the initiative and referendum.
Petitions must be circulated and signed by a requisite number of voters before a matter may be initiated before the legislature, or an act already passed may be submitted in referendum to the voters. The legislature may, by its own volition, submit an act to a referendum.
The Federal constitutionality of the initiative and referendum were tested in 1906, when the Oregon law was attacked as in violation of the guarantee to each State of a republican form of government as provided by s. 4 of Article IV. of the Constitution. The Supreme Court held in Pacific States Telephone Co., etc., v. Oregon, 2 23 U.S. I 18, that it was a political rather than a judicial case, thus dismissing it.
The initiative and referendum are used principally in acts and proposed acts involving the direct primary, State prohibition en forcement, regulation of public utilities, education and taxation. Oregon, Montana, Oklahoma, California, Arizona, Colorado, Ne braska, Ohio, Washington, Utah, North Dakota and Massachu setts have passed laws providing for the distribution of pamphlets to the voters concerning the questions to be voted upon. The Colo rado act remains inoperative because of the failure to repeal a conflicting provision in the State Constitution.