close limitations. 4. The exact procedure for passing bills is prescribed. All these, and frequently many similar provisions, may be viewed in the light of limitations upon the discretion of State legislatures. Moreover, the tendency is to increase, rather than to diminish, the number of these restrictions.* Besides these, too, statute books contain numerous laws that betray other abuses that have arisen in State legislatures. These are laws intended to control the practice of lobbying; laws providing the severest penalties for bribery and blackmail; and laws that abolish the pass system. All these facts would seem to indicate that legislators have sometimes been influenced by local and private interests, when these were opposed to the welfare of the public. Yet the people cannot entirely shift the burden of blame upon their representatives, since it is within their power to determine the character of those to whom is delegated the business of legislation. At the bottom it is a question of public morals and public spirit in each locality from which a representative is elected.

We are accustomed to speak of our system as government "by the people"; but it is only in town and school-district meetings Representative govthat all the voters assemble and legislate directly; and even these ernment. meetings do not exist in all sections of the country. Generally, therefore, law-making is a function of representative bodies, which are the village and county boards, city councils, State legislatures, and the National Congress. Hence we have not a pure, but a representative democracy, or a republic It is interesting to inquire how accurately the representatives reflect the opinions of the people. One method of testing this is to ascertain whether the members of a legislative assembly are distributed among the political parties in the same proportions as the voters who participated in their election. Frequently one party has a membership that is entirely out of proportion to its popular voting strength. In the

* Mr. Bryce points out that by these constitutional restraints the people have put a check upon their own hasty or unwise impulses.

The total

election of 1900, the State of Iowa elected, as its entire delegation to the National House of Representatives, eleven Republicans. The combined vote cast for them was 304,302. For the eleven Democratic candidates 212,649 votes were cast; while the Prohibition candidates received 6,151, and the candidates of other parties received 2,826 votes, the total vote being 525,928. The quota for one Representative was 47,811. Hence, had the Congressional delegation been divided proportionally, there would have been six Republicans and five Democrats. In the election of 1898, there were elected to the Assembly of the Wisconsin legislature eighty-one Republicans and nineteen Democrats. votes for candidates of the various parties were as follows: Republican, 178, 126; Democratic, 131,290; People's Party, 4,475; Prohibition, 2,275; Social Democratic, 1,403; Social Labor, 656. Independent candidates received a sufficient number to make the total vote cast 319,731, the quota for one Assemblyman being 3,197. Proportional representation would have distributed the members as follows: Republican, 56; Democratic, 41; People's Party, 1; resentation. Prohibition, 1, total 99. The 100th member would go to the party whose vote gives the highest remainder, after division by the quota.* The ordinary plan of district representation frequently results in large minorities of voters being entirely unrepresented.† Those who think the fault should be remedied advocate numerous plans to bring about "Proportional Representation." One such plan is in operation in Illinois, for the election of members to the State House of Representatives. Each district elects three members, on a general ticket. The voter may give one vote to each candidate, or one and a half votes to each of two candidates, or three votes to a single candidate. The minority, by concentrating its votes on one candidate, may elect him, when otherwise they would not be represented.

Propor

tional rep

It has been stated that in few instances do the people assemble

* These illustrations may be extended by the study of election statistics for almost any representative assembly. Many other illustrations are given in the best work on Proportional Representation-the book of that title by Professor J. R. Commons.

+ The difficulty is aggravated by the practice of gerrymandering (see pages 153, 154). It is evident that the Republican advantage in Iowa and other Republican States is balanced, so far as the composition of the House of Representatives is concerned, by a corresponding Democratic advantage in other States.

endum.

to legislate directly. Yet we may look upon the adoption and amendment of constitutions by popular vote as legislation of a very important character. Similarly, it is common in local government to require that the proposition to create a debt be submitted to popular vote. The questions of licensing the sale of liquor and of adopting municipal ownership are often submitted to the voters. When a town is divided or a village or city incorporated, a majority of the voters must first give consent. Now, the frequent failure of legislators really to represent popular opinions has led to the demand that the practice of submitting laws to the people for ratification or rejection be extended to all important matters of legislation, or that such reference to popular vote be made upon petition of a certain number of citizens. This plan is called the "Referendum." The ReferCoupled with this proposed reform is another, the "Initiative,” which contemplates the origination of laws by popular action. If The Initiaa certain per cent. of the total number of voters petition for a law, it must be considered by the legislature, and perhaps be referred to the people. The adoption of the Initiative and the Referendum would bring about Direct Legislation in the matters to which they apply. This system exists in Switzerland, both in the cantons and in the national government. In this country it was adopted in South Dakota, by constitutional amendment, in 1898. Upon the demand of five per cent. of the voters, a proposition must be submitted by the legislature to a vote of the people. If approved, it becomes a law. Any law that has passed the legislature must be submitted to the voters for ratification if five per cent. of them demand it.

tive.

of State

Viewing State legislation as a whole, and considering the variety of conditions under which our legislatures work, great uniformity of State laws is evident. These Uniformity laws are based on the same principles and provide for legislation. the same general course of legal procedure. But it is a fundamental and very wise feature of our Federal system that each State is free to regulate, in its own way, the affairs with which its citizens alone are concerned. For the interests of the people are most directly under the control of State law. In but few ways do we ordinarily come into contact with the National government.

But the most important business and social relations of life-buying and selling, holding, leasing, and inheriting property; the domestic relations of husband and wife, parent and child; the regulations necessary to make the people secure in health and comfort *-all these fall within the sphere of State government. Hence the necessity that each State shall fit its laws to local conditions.

Yet there are some subjects upon which greater uniformity is desirable, notably bankruptcy, divorce, and commercial law. In these matters the great variety of State laws causes inconvenience and even works positive injury. It is hoped that greater uniformity of legislation may be secured in the future, without destroying that freedom of legislation to suit local conditions which forms one of the wonderful features of our governmental system.

SUPPLEMENTARY QUESTIONS AND REFERENCES.

1. For fuller information concerning colonial governments, see Fisher, Colonial Era, 208-211; Sloane, French War and Revolution, 10-12; Thwaites, Colonies, 58-63, 192-193, 271-277; Hart, Formation of the Union, 5-10, 13-17, 80-81; Fiske, Critical Period, 65-69; Channing, United States of America, 26-36, 84-85; Wilson, The State, 458-469.

2. Did colonial governors have the veto power? Hart, 9. What was the governor's power over sessions of the colonial legislature? Thwaites, 5-9. What were the relations of colonial legislatures to royal governors? Fisher, 209–210. 3. Were any State constitutions formed before July 4, 1776? Channing, 84-85. How long did Connecticut and

"Space would fail in which to enumerate the particular items of this vast range of power. To detail its parts would be to catalogue all social and business relationships, to set forth all the foundations of law and order."--WILSON, The State, 487.

Rhode Island keep their charters as constitutions? Why was this? Channing, 36.

4. What is the history of the framing of your State constitution? Were the framers influenced by the example of another State? Compare the Declaration of Rights with Amendments I-VIII of the U. S. Constitution. Why should these provisions be included in both State and National constitutions?

5. From your State constitution and legislative manual get facts concerning the State legislature-its composition, sessions, officers, etc. Why have two houses in the legislature? Do you think members of the legislature should be required to live in the districts they represent ?

6. What are the rules governing apportionments in your State? Was the last apportionment fairly made?

7. What is the process by which laws are enacted? Can you give reasons for the existence of the committee system? 8. In what ways does the constitution place limitations upon the State legislature? Give reasons for each of these limitations. Do they indicate popular distrust of the legislators? If so, for what reasons? Who is responsible for this condition?

9. For general discussions of State constitutions and governments see Bryce, I, chapters 36, 37, 38, 40; Hitchcock, American State Constitutions; Ford, American Citizen's Manual; The last constitution of South Carolina, Rev. of R's, 13: 66-71; Of New York, Rev. of R's, 9: 291-295.

10. State legislatures are discussed in Bryce, I, chapter 40; Legislative Shortcomings, Atl. Mo., 79: 366-377; Pernicious Activity of Legislatures, Pop. Sci. Mo., 57 : 266– 267; Decline of State Legislatures, Atl. Mo., 80: 42–53 ; Menace of Legislation, N. Am. Rev., 165: 240-246; Uniformity of State Laws, N. Am. Rev., 168: 84-91.

11. Efforts to control the lobby are discussed in The Nation, 53: 136; 68: 197; 71: 206–207 ; New England Mag., 16:151-166.

12. What is blackmail ? Why should the giving of passes and franks be restricted?