THE PEOPLE'S LAW

•The Mo

THE MACMILLAN COMPANY
NEW YORK. BOSTON. CHICAGO
ATLANTA SAN FRANCISCO

MACMILLAN & CO., LIMITED

LONDON BOMBAY CALCUTTA
MELBOURNE

THE MACMILLAN CO. OF CANADA, LTD.

TORONTO

OR

POPULAR PARTICIPATION IN

LAW-MAKING

FROM ANCIENT FOLK-MOOT TO MODERN
REFERENDUM

A STUDY IN THE EVOLUTION OF DEMOCRACY
AND DIRECT LEGISLATION

BY

CHARLES SUMNER LOBINGIER, PH.D., LL.M.

JUDGE OF THE COURT OF FIRST INSTANCE, PHILIPPINE ISLANDS; COMMISSIONER TO revise and EDIT
PHILIPPINE CODES; MEMBER NATIONAL CONFERENCE OF COMMISSIONERS ON UNIFORM

LAWS; MEMBER OF THE BAR OF THE UNITed states SUPREME COURT
SOMETIME MEmber nebraskA SUPREME COURT (COMMISSION); professor of Law
IN THE UNIVERSITY OF NEBRASKA

WITH AN INTRODUCTION

BY

GEORGE ELLIOTT HOWARD

PROFESSOR OF POLITICAL SCIENCE AND SOCIOLOGY
IN THE UNIVERSITY OF NEBRASKA

LIBRARY

OF THE
UNIVERSITY
CF

CALIFORN

New York

THE MACMILLAN COMPANY

1909

All rights reserved

Lex est quod populus jubet atque constituit. — GAIUS (ca. 150).

Leges nulla alia causa nos tenent quam judicio populi receptae sunt.
·ULPIAN (ca. 215).

Tum demum humanae legis habent vim suam, sum fuerint non modo institutae approbatione communitatis. GRATIAN (ca. 1150).

"Every law which the people in person have not ratified is invalid; it is not a law."ROUSSEAU (1762).

"The basis of our political systems is the right of the people to make and to alter their constitutions of government.”

WASHINGTON (Farewell Address, 1796).

"The American Revolution broke out, and the doctrine of the sovereignty of the people came out of the townships and took possession of the state . . .; it became the law of laws."-DE TOCQUEVILLE (1835).