INITIATIVE, REFERENDUM, AND RE CALL. Initiative is the right of a specified number of the electorate to unite in propos ing laws to the legislative body, which, after due consideration, must submit the same to the vote of the people for their approval or disapproval.
Referendum is the referring of legislative acts to the electorate for their final accept ance or rejection.
At the end of 1911, the initiative and refer endum were in force in 209 cities in 25 states, and were a part of the fundamental law, for state purposes, in 11 states: Maine, Missouri, Dakota, Arkansas, Oklahoma, Cali fornia, Colorado, Arizona, Montana, Oregon, and Washington. In 1912 Idaho, Wyoming, and Nebraska adopted these measures.
Recall is provision for the retirement of an elected officer, by a vote of the electorate. In 1911 the right to recall was provided in Idaho, Montana, North and South Dakota, Washington, Wisconsin, Wyoming, and Cali fornia. Like provisions were adopted in 1912 in Ohio, Arizona, and Nebraska. In Illinois, certain questions of public policy are sub mitted to an election. In Iowa, Michigan, and Massachusetts the recall exists in con nection with the commission form of city governments. So, also, in Parkersburg, West Virginia. California and Arizona provide for the recall of judges.
An initiative and referendum amendment to the state constitution was held not repug nant to the national constitution guarantee ing to every state a republican form of gov ernment; Kadderly v. Portland, 44 Or. 118, 74 Pac. 710, 75 Pac. 222 ; nor does that provi sion of the federal constitution prohibit a direct vote of the voters of a subdivision of a state in strictly local affairs ; In re Pfah ler, 150 Cal. 71, 88 Pac. 270, 11 L. R. A. (N.
S.) 1092, 11 Ann. Cas. 911. Whether the in itiative and referendum provisions in the constitution of Oregon so alter the form of its government as to make it no longer re publican, according to Article IV, § 4 of the United States constitution, is a purely po litical question as to which the courts have no jurisdiction ; Pacific States Telephone & Telegraph Co. v. Oregon, 223 U. S. 118, 32 Sup. Ct. 224, 56 L. Ed. 377, dismissing writ of error to the judgment in 53 Or. 162, 99 Pac. 427; to the same effect, Kiernan v. Port land, 223 U. S. 151, 32 Sup. Ct. 231, 56 L. Ed. 386.
See Referendum in America by Dr. E. P. Oberholtzer.
The report of a special committee of the American Bar Association on the Recall of Judges (Rome G. Brown, Chairman) to the 1913 meeting, contains much information on that subject. The practice was adopted in Oregon in 1908 ; in California in 1911; in Colorado in 1912 (and also a prOvision for the recall of judicial decisions as to the con stitutionality of statutes and of certain city charters) ; Arizona in 1912 ; Nevada in 1912. In Kansas and Minnesota a vote will be tak en in 1914. In Arkansas a constitutional amendment was adopted in 1912, but was held to have been improperly submitted. The report gives an extensive bibliography on Judicial Recall.