that the voter should have time
and intelligence, or even take the trouble, to mark his ballot
accordingly; while it is obvious that the ballot itself, setting forth
the full law, would be considerably larger than the annual volumes of
statutes now are. This matter of practical convenience, however, may
perhaps be expected to cure itself. I should conclude, therefore, that
while the whole matter is an interesting experiment, the initiative
is hardly necessary, and the referendum should be limited to
constitutional amendments (where it was always allowed) and to matters
of definite local or public interest, like the granting of a franchise
or an irrepealable contract of privilege.

The modern practice of putting everything into the State constitution
which we have called attention to in other places, has led, of course,
to a practical referendum on all most important matters, for no
constitution, with the exception of that of Virginia, has ever been
adopted in any of our States except by the people at an election; and
with the tendency to require the submission of a new constitution
every twenty years, and to make the constitution itself so compendious
as to cover a vast amount of matter, usually subjects of legislation,
with the consequent necessity of frequent amendment, we have now
in our Southern States and some of the Western States a practical
referendum to the people of most important legislative matters every
few years.

The initiative and referendum was adopted in Iowa in 1891. As to bonds
and debts of cities, etc., in Ohio in 1902. In Oregon, the general
initiative and referendum by constitutional amendment in 1903. As
to franchises for public utilities only, in Wisconsin, Montana, and
Arizona the same year. As to Chicago, Illinois, in 1904, and in
several States, what we will term the local or limited referendum,
in the last four or five years. It was, however, defeated in
Massachusetts, although adopted in Maine; and in Delaware the whole
question was submitted to a commission to investigate.

The recall, a still more recent device than the initiative and
referendum, has, indeed, no precedent in the past, or in other
countries. In substance, it makes the tenure of office of an elective
official dependent on the continuous good-will of the voters, or of
a certain proportion of the voters. Under the present charter of the
city of Boston, the mayor may be "recalled" upon petition of fifty per
cent. of the r