diff options
| -rw-r--r-- | .gitattributes | 3 | ||||
| -rw-r--r-- | 17751-8.txt | 4065 | ||||
| -rw-r--r-- | 17751-8.zip | bin | 0 -> 80814 bytes | |||
| -rw-r--r-- | 17751-h.zip | bin | 0 -> 86008 bytes | |||
| -rw-r--r-- | 17751-h/17751-h.htm | 4140 | ||||
| -rw-r--r-- | 17751.txt | 4065 | ||||
| -rw-r--r-- | 17751.zip | bin | 0 -> 80741 bytes | |||
| -rw-r--r-- | LICENSE.txt | 11 | ||||
| -rw-r--r-- | README.md | 2 |
9 files changed, 12286 insertions, 0 deletions
diff --git a/.gitattributes b/.gitattributes new file mode 100644 index 0000000..6833f05 --- /dev/null +++ b/.gitattributes @@ -0,0 +1,3 @@ +* text=auto +*.txt text +*.md text diff --git a/17751-8.txt b/17751-8.txt new file mode 100644 index 0000000..2897f76 --- /dev/null +++ b/17751-8.txt @@ -0,0 +1,4065 @@ +The Project Gutenberg EBook of Direct Legislation by the Citizenship +through the Initiative and Referendum, by James W. Sullivan + +This eBook is for the use of anyone anywhere at no cost and with +almost no restrictions whatsoever. You may copy it, give it away or +re-use it under the terms of the Project Gutenberg License included +with this eBook or online at www.gutenberg.org + + +Title: Direct Legislation by the Citizenship through the Initiative and Referendum + +Author: James W. Sullivan + +Release Date: February 11, 2006 [EBook #17751] + +Language: English + +Character set encoding: ISO-8859-1 + +*** START OF THIS PROJECT GUTENBERG EBOOK DIRECT LEGISLATION *** + + + + +Produced by Irma Špehar, Cori Samuel and the Online +Distributed Proofreading Team at http://www.pgdp.net + + + + + + + + + +DIRECT LEGISLATION + +BY + +THE CITIZENSHIP + +THROUGH + +THE INITIATIVE AND REFERENDUM + +BY + +J.W. SULLIVAN + + * * * * * + + CONTENTS: + + AS TO THIS BOOK i. + + THE INITIATIVE AND REFERENDUM IN SWITZERLAND 5 + + THE PUBLIC STEWARDSHIP OF SWITZERLAND 25 + + THE COMMON WEALTH OF SWITZERLAND 47 + + DIRECT LEGISLATION IN THE UNITED STATES 72 + + THE WAY OPEN TO PEACEFUL REVOLUTION 95 + + * * * * * + +[_Copyright, 1892, by J.W. Sullivan._] + + * * * * * + +NEW YORK +TRUE NATIONALIST PUBLISHING COMPANY +1893 + + + + +AS TO THIS BOOK. + + +This is the second in a series of sociological works, each a small +volume, I have in course of publication. The first, "A Concept of +Political Justice," gave in outline the major positions which seem to me +logically to accord in practical life with the political principle of +equal freedom. In the present work, certain of the positions taken in +the first are amplified. In each of the volumes to come, which will be +issued as I find time to complete them, similar amplification in the +case of other positions will be made. Naturally, the order of +publication of the proposed works may be influenced by the general trend +in the discussion of public questions. + +The small-book plan I have adopted for several reasons. One is, that the +writer who embodies his thought on any large subject in a single weighty +volume commonly finds difficulty in selling the work or having it read; +the price alone restricts its market, and the volume, by its very size, +usually repels the ordinary reader. Another, that the radical world, +which I especially address, is nowadays assailed with so much printed +matter that in it big books have slight show of favor. Another, that the +reader of any volume in the series subsequent to the first may on +reference to the first ascertain the train of connection and entire +scope of the thought I would present. And, finally, that such persons as +have been won to the support of the principles taught may interest +themselves, and perhaps others, in spreading knowledge of these +principles, as developed in the successive works. + +On the last-mentioned point, a word. Having during the past decade +closely observed, and in some measure shared in, the discussion of +advanced sociological thought, I maintain with confidence the principles +of equal freedom, not only in their essential truth, but in the leading +applications I have made of them. At least, I may trust that, thus far +in either work, in coming to my more important conclusions, I have not +fallen into error through blind devotion to an "ism" nor halted at +faulty judgment because of limited investigation. I therefore hope to +have others join with me, some to work quite in the lines I follow, and +some to move at least in the direction of those lines. + +The present volume I have prepared with care. My attention being +attracted about eight years ago to the direct legislation of +Switzerland, I then set about collecting what notes in regard to that +institution I could glean from periodicals and other publications. But +at that time very little of value had been printed in English. Later, as +exchange editor of a social reform weekly journal, I gathered such facts +bearing on the subject as were passing about in the American newspaper +world, and through the magazine indexes for the past twenty years I +gained access to whatever pertaining to Switzerland had gone on record +in the monthlies and quarterlies; while at the three larger libraries of +New York--the Astor, the Mercantile, and the Columbia College--I found +the principal descriptive and historical works on Switzerland. But from +all these sources only a slender stock of information with regard to the +influence of the Initiative and Referendum on the later political and +economic development of Switzerland was to be obtained. So, when, three +years ago, with inquiry on this point in mind, I spent some months in +Switzerland, about all I had at first on which to base investigations +was a collection of commonplace or beclouded fact from the newspapers, a +few statistics and opinions from an English magazine or two, and some +excerpts from volumes by De Laveleye and Freeman which contained +chapters treating of Swiss institutions. Soon after, as a result of my +observations in the country, I contributed, under the caption +"Republican Switzerland," a series of articles to the New York "Times" +on the Swiss government of today, and, last April, an essay to the +"Chautauquan" magazine on "The Referendum in Switzerland." On the form +outlined in these articles I have constructed the first three chapters +of the present work. The data, however, excepting in a few cases, are +corrected to 1892, and in many respects besides I have profited by the +labors of other men in the same field. + +The past two years and a half has seen much writing on Swiss +institutions. Political investigators are awakening to the fact that in +politics and economics the Swiss are doing what has never before been +done in the world. In neighborhood, region, and nation, the entire +citizenship in each case concerned is in details operating the +government. In certain cantons it is done in every detail. Doing this, +the Swiss are moving rapidly in practically grappling with social +problems that elsewhere are hardly more than speculative topics with +scholars and theorists. In other countries, consequently, interested +lookers-on, having from different points of view taken notes of +democratic Switzerland, are, through newspaper, magazine, and book, +describing its unprecedented progress and suggesting to their own +countrymen what in Swiss governmental experience may be found of value +at home. Of the more solid writing of this character, four books may +especially be recommended. I mention them in the order of their +publication. + +"The Swiss Confederation." By Sir Francis Ottiwell Adams and C.D. +Cunningham. (London: Macmillan & Co.; 1889; 289 pages; $1.75.) Sir +Francis Ottiwell Adams was for some years British Minister at Berne. + +"The Federal Government of Switzerland: An Essay on the Constitution." +By Bernard Moses, Ph.D., professor of history and political economy, +University of California. (Pacific Press Publishing Company: Oakland, +Cal.; 1889; 256 pages; $1.25.) This work is largely a comparative study +of constitutions. It is meant chiefly for the use of students of law and +of legal history. It abounds, however, in facts as to Switzerland which +up to the time of its publication were quite inaccessible to American +readers. + +"State and Federal Government of Switzerland." By John Martin Vincent, +Ph.D., librarian and instructor in the department of history and +politics, Johns Hopkins University. (Baltimore: Johns Hopkins Press; +1891; 247 pages; $1.50.) Professor Vincent had access, at the +university, to the considerable collection of books and papers relating +to Switzerland made by Professor J.C. Bluntschli, an eminent Swiss +historian who died in 1881, and also to a large number of government +publications presented by the Swiss Federal Council to the university +library. + +"The Swiss Republic." By Boyd Winchester, late United States Minister at +Berne. (Philadelphia: J.B. Lippincott & Co.; 1891; 487 pages; $1.50.) +Mr. Winchester was stationed four years at Berne, and hence had better +opportunity than Professor Vincent or Professor Moses for obtaining a +thorough acquaintance with Switzerland. Much of his book is taken up +with descriptive writing, all good. + +Were I asked which of these four works affords the fullest information +as to new Switzerland and new Swiss political methods, I should be +obliged to refer the inquirer to his own needs. Professor Moses's is +best for one applying himself to law and constitutional history. +Professor Vincent's is richest in systematized details and statistics, +especially such as relate to the Referendum and taxation; and in it also +is a bibliography of Swiss politics and history. For the general reader, +desiring description of the country, stirring democratic sentiment, and +an all-round view of the great little republic, Mr. Winchester's is +preferable. + +In expanding and rearranging my "Times" and "Chautauquan" articles, I +have, to some extent, used these books. + +Throughout this work, wherever possible, conservatives, rather than +myself, have been made to speak; hence quotations are frequent. The +first drafts of the chapters on Switzerland have been read by Swiss +radicals of different schools, and the final proofsheets have been +revised by a Swiss writer of repute living in New York; therefore +serious error is hardly probable. The one fault I myself have to find +with the work is its baldness of statement, rendered necessary by space +limits. I could, perhaps more easily, have prepared four or five hundred +pages instead of the one hundred and twenty. I leave it rather to the +reader to supply comparison and analysis and the eloquent comment of +which, it seems to me, many of the statements of fact are worthy. +J.W.S. + + + + +THE INITIATIVE AND REFERENDUM IN SWITZERLAND. + + +_Democratic versus Representative Government._ + +There is a radical difference between a democracy and a representative +government. In a democracy, the citizens themselves make the law and +superintend its administration; in a representative government, the +citizens empower legislators and executive officers to make the law and +to carry it out. Under a democracy, sovereignty remains uninterruptedly +with the citizens, or rather a changing majority of the citizens; under +a representative government, sovereignty is surrendered by the citizens, +for stated terms, to officials. In other words, democracy is direct rule +by the majority, while representative government is rule by a succession +of quasi-oligarchies, indirectly and remotely responsible to the +majority. + +Observe, now, first, the influences that chiefly contribute to make +government in the United States what it is:-- + +The county, state, and federal governments are not democracies. In form, +they are quasi-oligarchies composed of representatives and executives; +but in fact they are frequently complete oligarchies, composed in part +of unending rings of politicians that directly control the law and the +offices, and in part of the permanent plutocracy, who purchase +legislation through the politicians. + +Observe, next, certain strong influences for the better that obtain in a +pure democracy:-- + +An obvious influence is, in one respect, the same as that which +enriches the plutocrat and prompts the politician to reach for +power--self-interest. When all the members of any body of men find +themselves in equal relation to a profitable end in which they solely +are concerned, they will surely be inclined to assert their joint +independence of other bodies in that respect, and, further, each member +will claim his full share of whatever benefits arise. But, more than +that; something like equality of benefits being achieved, perhaps +through various agencies of force, a second influence will be brought +powerfully to bear on those concerned. It is that of justice. Fair play +to all the members will be generally demanded. + +In a pure democracy, therefore, intelligently controlled self-interest +and a consequent sentiment of justice are the sources in which the +highest possible social benefits may be expected to begin. + +The reader has now before him the political principle to be here +maintained--pure democracy as distinguished from representative +government. My argument, then, becomes this: To show that, by means of +the one lawmaking method to which pure democracy is restricted,--that of +direct legislation by the citizenship,--the political "ring," "boss," +and "heeler" may be abolished, the American plutocracy destroyed, and +government simplified and reduced to the limits set by the conscience +of the majority as affected by social necessities. My task involves +proof that direct legislation is possible with large communities. + + +_Direct Legislation in Switzerland._ + +Evidence as to the practicability and the effects of direct legislation +is afforded by Switzerland, especially in its history during the past +twenty-five years. To this evidence I turn at once. + +There are in Switzerland twenty-two cantons (states), which are +subdivided into 2,706 communes (townships). The commune is the political +as well as territorial unit. Commonly, as nearly as consistent with +cantonal and federal rights, in local affairs the commune governs +itself. Its citizens regard it as their smaller state. It is jealous of +interference by the greater state. It has its own property to look +after. Until the interests of the canton or the Confederation manifestly +replace those of the immediate locality, the commune declines to part +with the administration of its lands, forests, police, roads, schools, +churches, or taxes. + +In German Switzerland the adult male inhabitants of the commune meet at +least once annually, usually in the town market place or on a mountain +plain, and carry out their functions as citizens. There they debate +proposed laws, name officers, and discuss affairs of a public nature. On +such occasions, every citizen is a legislator, his voice and vote +influencing the questions at issue. The right of initiating a measure +belongs to each. Decision is ordinarily made by show of hands. In most +cantons the youth becomes a voter at twenty, the legal age for acquiring +a vote in federal affairs, though the range for cantonal matters is from +eighteen to twenty-one. + +Similar democratic legislative meetings govern two cantons as cantons +and two other cantons divided into demi-cantons. In the demi-canton of +Outer Appenzell, 13,500 voters are qualified thus to meet and legislate, +and the number actually assembled is sometimes 10,000. But this is the +highest extreme for such an assemblage--a Landsgemeinde (a +land-community)--the lowest for a canton or a demi-canton comprising +about 3,000. One other canton (Schwyz, 50,307 inhabitants) has +Landsgemeinde meetings, there being six, with an average of 2,000 voters +to each. In communal political assemblages, however, there are usually +but a few hundred voters. + +The yearly cantonal or demi-cantonal Landsgemeinde takes place on a +Sunday in April or May. While the powers and duties of the body vary +somewhat in different cantons, they usually cover the following +subjects: Partial as well as total revision of the constitution; +enactment of all laws; imposition of direct taxes; incurrence of state +debts and alienation of public domains; the granting of public +privileges; assumption of foreigners into state citizenship; +establishment of new offices and the regulation of salaries; election of +state, executive, and judicial officers.[A] + +[Footnote A: J.M. Vincent: "State and Federal Government in +Switzerland."] + +The programme for the meeting is arranged by the officials and published +beforehand, the law in some cantons requiring publication four weeks +before the meeting, and in others but ten days. "To give opportunities +for individuals and authorities to make proposals and offer bills, the +official gazette announces every January that for fourteen days after a +given date petitions may be presented for that purpose. These must be +written, the object plainly stated and accompanied by the reasons. All +such motions are considered by what is called the Triple Council, or +legislature, and are classified as 'expedient' and 'inexpedient.' A +proposal receiving more than ten votes must be placed on the list of +expedient, accompanied by the opinion of the council. The rejected are +placed under a special rubric, familiarly called by the people the +_Beiwagen_. The assembly may reverse the action of the council if it +chooses and take a measure out of the 'extra coach,' but consideration +of it is in that case deferred until the next year. In the larger +assemblies debate is excluded, the vote being simply on rejection or +adoption. In the smaller states the line is not so tightly drawn.... +Votes are taken by show of hands, though secret ballot may be had if +demanded, elections of officers following the same rule in this matter +as legislation. Nominations for office, however, need not be sent in by +petition, but may be offered by any one on the spot."[B] + +[Footnote B: Vincent.] + + +_The Initiative and the Referendum._ + +It will be observed that the basic practical principles of both the +communal meeting and the Landsgemeinde are these two: + +(1) That every citizen shall have the right to propose a measure of law +to his fellow-citizens--this principle being known as the Initiative. + +(2) That the majority shall actually enact the law by voting the +acceptance or the rejection of the measures proposed. This principle, +when applied in non-Landsgemeinde cantons, through ballotings at polling +places, on measures sent from legislative bodies to the people, is known +as the Referendum. + +The Initiative has been practiced in many of the communes and in the +several Landsgemeinde cantons in one form or other from time immemorial. +In the past score of years, however, it has been practiced by petition +in an increasing number of the cantons not having the democratic +assemblage of all the citizens. + +The Referendum owes its origin to two sources. One source was in the +vote taken at the communal meeting and the Landsgemeinde. The principle +sometimes extended to cities, Berne, for instance, in the fifty-five +years from 1469 to 1524, taking sixty referendary votings. The other +source was in the vote taken by the ancient cantons on any action by +their delegates to the federal Diet, or congress, these delegates +undertaking no affair except on condition of referring it to the +cantonal councils--_ad referendum_. + +The principles of the Initiative and Referendum have of recent years +been extended so as to apply, to a greater or lesser extent, not only to +cantonal affairs in cantons far too large for the Landsgemeinde, but to +certain affairs of the Swiss Confederation, comprising three million +inhabitants. In other words, the Swiss nation today sees clearly, first, +that the democratic system has manifold advantages over the +representative; and, secondly, that no higher degree of political +freedom and justice can be obtained than by granting to the least +practicable minority the legal right to propose a law and to the +majority the right to accept or reject it. In enlarging the field of +these working principles, the Swiss have developed in the political +world a factor which, so far as it is in operation, is creating a +revolution to be compared only with that caused in the industrial world +by the steam engine. + + * * * * * + +The cantonal Initiative exists in fourteen of the twenty-two cantons--in +some of them, however, only in reference to constitutional amendments. +Usually, the proposal of a measure of cantonal law by popular initiative +must be made through petition by from one-twelfth to one-sixteenth of +the voters of the canton. When the petition reaches the cantonal +legislature, the latter body is obliged, within a brief period, +specified by the constitution, to refer the proposal to a cantonal vote. +If the decision of the citizens is then favorable, the measure is law, +and the executive and judicial officials must proceed to carry it into +effect. + +The cantonal Referendum is in constant practice in all the cantons +except Freiburg, which is governed by a representative legislature. The +extent, however, to which the Referendum is applied varies considerably. +In two cantons it is applicable only to financial measures; in others it +is optional with the people, who sometimes demand it, but oftener do +not; in others it is obligatory in connection with the passage of every +law. More explicitly: In the canton of Vaud a mere pseudo-referendary +right exists, under which the Grand Council (the legislature) may, if it +so decides, propose a reference to the citizens. Valais takes a popular +vote only on such propositions passed by the Grand Council as involve a +one and a half per cent increase in taxation or a total expenditure of +60,000 francs. With increasing confidence in the people, the cantons of +Lucerne, Zug, Bâle City, Schaffhausen, St. Gall, Ticino, Neuchâtel, and +Geneva refer a proposed law, after it has passed the Grand Council, to +the voters when a certain proportion of the citizens, usually one-sixth +to one-fourth, demand it by formal petition. This form is called the +optional Referendum. Employed to its utmost in Zurich, Schwyz, Berne, +Soleure, Bâle Land, Aargau, Thurgau, and the Grisons, in these cantons +the Referendum permits no law to be passed or expenditure beyond a +stipulated sum to be made by the legislature without a vote of the +people. This is known as the obligatory Referendum. Glarus, Uri, the +half cantons of Niwald and Obwald (Unterwald), and those of Outer and +Inner Appenzell, as cantons, or demi-cantons, still practice the +democratic assemblage--the Landsgemeinde. + +In the following statistics, the reader may see at a glance the progress +of the Referendum to the present date, with the population of +Switzerland by cantons, and the difficulties presented by differences of +language in the introduction of reforms:-- + +----------------------------------------------------------------------- + | No. inhab. | | Form of Passing | Yr. of +Canton. | Dec., 1888. | Language. | Laws. | Entry +-------------|-------------|-----------------|-----------------|------- +Zurich | 337,183 | German. | Oblig. Ref. | 1351 +Berne | 536,679 |Ger. and French. | " | 1353 +Lucerne | 135,360 | German. | Optional Ref. | 1332 +Uri | 17,249 |Ger. and Italian.| Landsgemeinde. | 1291 +Schwyz | 50,307 | German. | Oblig. Ref. | " +Unterwald | | | | " + Obwald | 15,041 | " | Landsgemeinde. | + Niwald | 12,538 | " | " | +Glarus | 33,825 | " | " | 1352 +Zug | 23,029 | " | Optional Ref. | " +Freiburg | 119,155 | French and Ger. | Legislature. | 1481 +Soleure | 85,621 | German. | Oblig. Ref. | " +Bâle | | | | 1501 + City | 73,749 | " | Optional Ref. | + Country | 61,941 | " | Oblig. Ref. | +Schaffhausen | 37,783 | " | Optional Ref. | " +Appenzell | | | | 1573 + Outer | 54,109 | " | Landsgemeinde. | + Inner | 12,888 | " | " | +St. Gall | 228,160 | " | Optional Ref. | 1803 +Grisons | 94,810 | Ger.,Ital.,Rom. | Oblig. Ref. | " +Aargau | 193,580 | German. | " | " +Thurgau | 104,678 | " | " | " +Ticino | 126,751 | Italian. | Optional Ref. | " +Vaud | 247,655 | French and Ger. | " | " +Valais | 101,985 | " | Finance Ref. | 1814 +Neuchâtel | 108,153 | French. | Optional Ref. | " +Geneva | 105,509 | " | " | " + |-------------| | | + | 2,917,740 | | | +----------------------------------------------------------------------- + +In round numbers, 2,092,000 of the Swiss people speak German, 637,000 +French, 156,000 Italian, and 30,000 Romansch. Of the principal cities, +in 1887, Zurich, with suburbs, had 92,685 inhabitants; Bâle, 73,963; +Geneva, with suburbs, 73,504; Berne, 50,220; Lausanne, 32,954; and five +others from 17,000 to 25,000. Fourteen per cent of the inhabitants +(410,000) live in cities of more than 15,000. The factory workers number +161,000, representing about half a million inhabitants, and the peasant +proprietors nearly 260,000, representing almost two millions. The area +of Switzerland is 15,892 square miles,--slightly in excess of double +that of New Jersey. The population is slightly less than that of Ohio. + + +_Switzerland--The Youngest of Republics._ + +It is misleading to suppose, as is often done, that the Switzerland of +today is the republic which has stood for six hundred years. In truth, +it is the youngest of republics. Its chief governmental features, +cantonal and federal, are the work of the present generation. Its unique +executive council, its democratic army organization, its republican +railway management, its federal post-office, its system of taxation, its +two-chambered congress, the very Confederation itself--all were +originated in the constitution of 1848, the first that was anything more +than a federal compact. The federal Referendum began only in 1874. The +federal Initiative has been just adopted (1891.)[C] The form of cantonal +Referendum now practiced was but begun (in St. Gall) in 1830, and forty +years ago only five cantons had any Referendum whatever, and these in +the optional form. It is of very recent years that the movement has +become steady toward the general adoption of the cantonal Referendum. In +1860 but 34 per cent of the Swiss possessed it, 66 per cent delegating +their sovereign rights to representatives. But in 1870 the +referendariship had risen to 71 per cent, only 29 submitting to +lawmaking officials; and today the proportions are more than 90 per cent +to less than 10. + +[Footnote C: For constitutional amendments only.] + +The thoughtful reader will ask: Why this continual progress toward a +purer democracy? Wherein lie the inducements to this persistent +revolution? + +The answer is this: The masses of the citizens of Switzerland found it +necessary to revolt against their plutocracy and the corrupt politicians +who were exploiting the country through the representative system. For a +peaceful revolution these masses found the means in the working +principles of their communal meetings--the Initiative and +Referendum,--and these principles they are applying throughout the +republic as fast as circumstances admit.[D] + +[Footnote D: While the reports of the Secretary of State and "The +History of the Referendum," by Th. Curti, will bear out many of the +statements here made as to how the change from representative to direct +legislation came about, the story as I give it has been written me by +Herr Carl Bürkli, of Zurich, known in his canton as the "Father of the +Referendum."] + +The great movement for democracy in Europe that culminated in the +uprising of 1848 brought to the front many original men, who discussed +innovations in government from every radical point of view. Among these +thinkers were Martin Rittinghausen, Emile Girardin, and Louis Blanc. +From September, 1850, to December, 1851, the date of the _coup d'état_ +of Louis Bonaparte, these reformers discussed, in the "Democratic +pacifique," a weekly newspaper of Paris, the subject of direct +legislation by the citizens. Their essays created a sensation in France, +and more than thirty journals actively supported the proposed +institution, when the _coup d'état_ put an end to free speech. The +articles were reprinted in book form in Brussels, and other works on the +subject were afterward issued by Rittinghausen and his co-worker Victor +Considérant. Among Considérant's works was "Solution, ou gouvernement +direct du peuple," and this and companion works that fell into the hands +of Carl Bürkli convinced the latter and other citizens of Zurich ("an +unknown set of men," says Bürkli) of the practicability of the +democratic methods advocated. The subject was widely agitated and +studied in Switzerland, and the fact that the theory was already to some +extent in practice there (and in ancient times had been much practiced) +led to further experiments, and these, attaining success, to further, +and thus the work has gone on. The cantonal Initiative was almost +unknown outside the Landsgemeinde when it was established in Zurich in +1869. Soon, however, through it and the obligatory Referendum (to use +Herr Bürkli's words): "The plutocratic government and the Grand Council +of Zurich, which had connived with the private banks and railroads, were +pulled down in one great voting swoop. The people had grown tired of +being beheaded by the office-holders after every election." And +politicians and the privileged classes have ever since been going down +before these instruments in the hands of the people. The doctrines of +the French theorists needed but to be engrafted on ancient Swiss custom, +the Frenchmen in fact having drawn upon Swiss experience. + + +_The Optional and the Obligatory Referendum._ + +To-day the movement in the Swiss cantons is not only toward the +Referendum, but toward its obligatory form. The practice of the optional +form has revealed defects in it which are inherent.[E] + +[Footnote E: The facts relative to the operation of these two forms of +the Referendum have been given me by Monsieur P. Jamin, of Geneva.] + +Geneva's management of the optional cantonal Referendum is typical. The +constitution provides that, certain of the laws being excepted from the +Referendum, and a prerequisite of its operation being the presentation +to the Grand Council of a popular petition, the people may sanction or +reject not only the bulk of the laws passed by the Grand Council but +also the decrees issued by the legislative and executive powers. The +exceptions are (1) "measures of urgence" and (2) the items of the annual +budget, save such as establish a new tax, increase one in force, or +necessitate an issue of bonds. The Referendum cannot be exercised +against the budget as a whole, the Grand Council indicating the sections +which are to go to public vote. In case of opposition to any measure, a +petition for the Referendum is put in circulation. To prevent the +measure from becoming law, the petition must receive the legally +attested signatures of at least 3,500 citizens--about one in six of the +cantonal vote--within thirty days after the publication of the proposed +measure. After this period--known as "the first delay"--the referendary +vote, if the petition has been successful, must take place within forty +days--"the second delay." + +The power of declaring measures to be "of urgence" lies with the Grand +Council, the body passing the measures. Small wonder, then, that in its +eyes many bills are of too much and too immediate importance to go to +the people. "The habit," protested Grand Councilor M. Putet, on one +occasion, "tends more and more to introduce itself here of decreeing +urgence unnecessarily, thus taking away from the Referendum expenses +which have nothing of urgence. This is contrary to the spirit of the +constitutional law. Public necessity alone can authorize the Grand +Council to take away any of its acts from the public control." + +Another defect in the optional Referendum is that it can be transformed +into a partisan weapon--politicians being ready, in Geneva, as in San +Francisco, to take advantage of the law for party purposes. For example, +the representatives of a minority party, seeking a concession from a +majority which has just passed a bill, will threaten, if their demands +are not granted, to agitate for the Referendum on the bill; this, though +the minority itself may favor the measure, some of its members, perhaps, +having voted for it. As the majority may be uncertain of the outcome of +a struggle at the polls, it will probably be inclined to make peace on +the terms dictated by the minority. + +But the most serious objections to the optional form arise in connection +with the petitioning. Easy though it be for a rich and strong party to +bear the expense of printing, mailing, and distributing petitions and +circulars, in case of opposition from the poorer classes the cost may +prove an insurmountable obstacle. Especially is it difficult to get up a +petition after several successive appeals coming close together, the +constant agitation growing tiresome as well as financially burdensome. +Hence, measures have sometimes become law simply because the people have +not had time to recover from the prolonged agitation in connection with +preceding propositions. Besides, each measure submitted to the optional +Referendum brings with it two separate waves of popular discussion--one +on the petition and one on the subsequent vote. On this point +ex-President Numa Droz has said: "The agitation which takes place while +collecting the necessary signatures, nearly always attended with strong +feeling, diverts the mind from the object of the law, perverts in +advance public opinion, and, not permitting later the calm discussion of +the measure proposed, establishes an almost irresistible current toward +rejection." Finally, a fact as notorious in Switzerland as vote-buying +in America, a large number of citizens who are hostile to a proposed law +may fear to record an adverse opinion by signing a Referendum list. +Their signatures may be seen and the unveiling of their sentiments +imperil their means of livelihood. + +Zurich furnishes the example of the cantons having the obligatory +Referendum. There the law provides: 1. That all laws, decrees, and +changes in the constitution must be submitted to the people. 2. That all +decisions of the Grand Council on existing law must be voted on. 3. That +the Grand Council may submit decisions which it itself proposes to make, +and that, besides the voting on the whole law, the Council may ask a +vote on a special point. The Grand Council cannot put in force +provisionally any law or decree. The propositions must be sent to the +voters at least thirty days before voting. The regular referendary +ballotings take place twice a year, spring and autumn, but in urgent +cases the Grand Council may call for a special election. The law in this +canton assists the lawmakers--the voters--in their task; when a citizen +is casting his own vote he may also deposit that of one or two relatives +and friends, upon presenting their electoral card or a certificate of +authorization. + +In effect, the obligatory Referendum makes of the entire citizenship a +deliberative body in perpetual session--this end being accomplished in +Zurich in the face of every form of opposing argument. Formerly, its +adversaries made much of the fact that it was ever calling the voters to +the urns; but this is now avoided by the semi-annual elections. It was +once feared that party tickets would be voted without regard to the +merits of the various measures submitted; but it has been proved beyond +doubt that the fate of one proposition has no effect whatever on that of +another decided at the same time. Zurich has pronounced on ninety-one +laws in twenty-eight elections, the votes indicating surprising +independence of judgment. When the obligatory form was proposed for +Zurich, its supporters declared it a sure instrument, but that it might +prove a costly one they were not prepared by experiment to deny. Now, +however, they have the data to show that taxes--unfailing reflexes of +public expenditure--are lower than ever, those for police, for example, +being only about half those of optional Geneva, a less populous canton. +To the prophets who foresaw endless partisan strife in case the +Referendum was to be called in force on every measure, Zurich has +replied by reducing partisanship to its feeblest point, the people +indifferent to parties since an honest vote of the whole body of +citizens must be the final issue of every question. + +The people of Zurich have proved that the science of politics is simple. +By refusing special legislation, they evade a flood of bills. By deeming +appropriations once revised as in most part necessary, they pay +attention chiefly to new items. By establishing principles in law, they +forbid violations. Thus there remain no profound problems of state, no +abstruse questions as to authorities, no conflict as to what is the law. +Word fresh from the people is law. + + +_The Federal Referendum._ + +The Federal Referendum, first established by the constitution of 1874, +is optional. The demand for it must be made by 30,000 citizens or by +eight cantons. The petition for a vote under it must be made within +ninety days after the publication of the proposed law. It is operative +with respect either to a statute as passed by the Federal Assembly +(congress), or a decree of the executive power. Of 149 Federal laws and +decrees subject to the Referendum passed up to the close of 1891 under +the constitution of 1874, twenty-seven were challenged by the necessary +30,000 petitioners, fifteen being rejected and twelve accepted. The +Federal Initiative was established by a vote taken on Sunday, July 5, +1891. It requires 50,000 petitioners, whose proposal must be discussed +by the Federal assembly and then sent within a prescribed delay to the +whole citizenship for a vote. The Initiative is not a petition to the +legislative body; it is a demand made on the entire citizenship. + +Where the cantonal Referendum is optional, a successful petition for it +frequently secures a rejection of the law called in question. In 1862 +and again in 1878, the canton of Geneva rejected proposed changes in its +constitution, on the latter occasion by a majority of 6,000 in a vote of +11,000. Twice since 1847 the same canton has decided against an increase +of official salaries, and lately it has declined to reduce the number of +its executive councilors from seven to five. The experience of the +Confederation has been similar. Between 1874 and 1880 five measures +recommended by the Federal Executive and passed by the Federal Assembly +were vetoed by a national vote. + + +_Revision of Constitutions._ + +Revision of a constitution through the popular vote is common. Since +1814, there have been sixty revisions by the people of cantonal +constitutions alone. Geneva asks its citizens every fifteen years if +they wish to revise their organic law, thus twice in a generation +practically determining whether they are in this respect content. The +Federal constitution may be revised at any time. Fifty thousand voters +petitioning for it, or the Federal Assembly (congress) demanding it, the +question is submitted to the country. If the vote is in the affirmative, +the Council of States (the senate) and the National Council (the house) +are both dissolved. An election of these bodies takes place at once; the +Assembly, fresh from the people, then makes the required revision and +submits the revised constitution to the country. To stand, it must be +supported by a majority of the voters and a majority of the twenty-two +cantons. + + +_Summary._ + +To sum up: In Switzerland, in this generation, direct legislation has in +many respects been established for the federal government, while in so +large a canton as Zurich, with nearly 340,000 inhabitants, it has also +been made applicable to every proposed cantonal law, decree, and +order,--the citizens of that canton themselves disposing by vote of all +questions of taxation, public finance, executive acts, state employment, +corporation grants, public works, and similar operations of government +commonly, even in republican states, left to legislators and other +officials. In every canton having the Initiative and the obligatory +Referendum, all power has been stripped from the officials except that +of a stewardship which is continually and minutely supervised and +controlled by the voters. Moreover, it is possible that yet a few years +and the affairs not only of every canton of Switzerland but of the +Confederation itself will thus be taken in hand at every step. + + * * * * * + +Here, then, is evidence incontrovertible that pure democracy, through +direct legislation by the citizenship, is practicable--more, is now +practiced--in large communities. Next as to its effects, proven and +probable. + + + + +THE PUBLIC STEWARDSHIP OF SWITZERLAND. + + +If it be conceived that the fundamental principles of a free society are +these: That the bond uniting the citizens should be that of contract; +that rights, including those in natural resources, should be equal, and +that each producer should retain the full product of his toil, it must +be conceded on examination that toward this ideal Switzerland has made +further advances than any other country, despite notable points in +exception and the imperfect form of its federal Initiative and +Referendum. Before particulars are entered into, some general +observations on this head may be made. + + +_The Political Status in Switzerland._ + +An impressive fact in Swiss politics to-day is its peace. Especially is +this true of the contents and tone of the press. In Italy and Austria, +on the south and east, the newspapers are comparatively few, mostly +feeble, and in general subservient to party or government; in Germany, +on the north, where State Socialism is strong, the radical press is at +times turbulent and the government journals reflect the despotism they +uphold; in France, on the west and southwest, the public writers are +ever busy over the successive unstable central administrations at +Paris, which exercise a bureaucratic direction of every commune in the +land. In all these countries, men rather than measures are the objects +of discussion, an immediate important campaign question inevitably being +whether, when once in office, candidates may make good their +ante-election promises. Thus, on all sides, over the border from +Switzerland, political turmoil, with its rancor, personalities, false +reports, hatreds, and corruptions, is endless. But in Switzerland, +debate uniformly bears not on men but on measures. The reasons are +plain. Where the veto is possessed by the people, in vain may rogues go +to the legislature. With few or no party spoils, attention to public +business, and not to patronage or private privilege, is profitable to +office holders as well as to the political press. + +In the number of newspapers proportionate to population, Switzerland +stands with the United States at the head of the statistical list for +the world. In their general character, Swiss political journals are +higher than American. They are little tempted to knife reputations, to +start false campaign issues, to inflame partisan feeling; for every +prospective cantonal measure undergoes sober popular discussion the year +round, with the certain vote of the citizenship in view in the cantons +having the Landsgemeinde or the obligatory Referendum, and a possible +vote in most of the other cantons, while federal measures also may be +met with the federal optional Referendum. + +The purity and peacefulness of Swiss press and politics are due to the +national development of today as expressed in appropriate institutions. +Of these institutions the most effective, the fundamental, is direct +legislation, accompanied as it is with general education. In education +the Swiss are preëminent among nations. Illiteracy is at a lower +percentage than in any other country; primary instruction is free and +compulsory in all the cantons; and that the higher education is general +is shown in the four universities, employing three hundred instructors. + +An enlightened people, employing the ballot freely, directly, and in +consequence effectively--this is the true sovereign governing power in +Switzerland. As to what, in general terms, have been the effects of this +power on the public welfare, as to how the Swiss themselves feel toward +their government, and as to what are the opinions of foreign observers +on the recent changes through the Initiative and Referendum, some +testimony may at this point be offered. + +In the present year, Mr. W.D. McCrackan has published in the "Arena" of +Boston his observations of Swiss politics. He found, he says, the +effects of the Referendum to be admirable. Jobbery and extravagance are +unknown, and politics, as there is no money in it, has ceased to be a +trade. The men elected to office are taken from the ranks of the +citizens, and are chosen because of their fitness for the work. The +people take an intelligent interest in every kind of local and federal +legislation, and have a full sense of their political responsibility. +The mass of useless or evil laws which legislatures in other countries +are constantly passing with little consideration, and which have +constantly to be repealed, are in Switzerland not passed at all. + +In a study of the direct legislation of Switzerland, the "Westminster +Review," February, 1888, passed this opinion: "The bulk of the people +move more slowly than their representatives, are more cautious in +adopting new and trying legislative experiments, and have a tendency to +reject propositions submitted to them for the first time." Further: "The +issue which is presented to the sovereign people is invariably and +necessarily reduced to its simplest expression, and so placed before +them as to be capable of an affirmative or negative answer. In practice, +therefore, the discussion of details is left to the representative +assemblies, while the people express approval or disapproval of the +general principle or policy embraced in the proposed measure. Public +attention being confined to the issue, leaders are nothing. The +collective wisdom judges of merits." + +A.V. Dicey, the critic of constitutions, writes in the "Nation," October +8, 1885: "The Referendum must be considered, on the whole, a +conservative arrangement. It tends at once to hinder rapid change and +also to get rid of that inflexibility or immutability which, in the eyes +of Englishmen at least, is a defect in the constitution of the United +States." + +A Swiss radical has written me as follows: "The development given to +education during the last quarter of a century will have without doubt +as a consequence an improved judgment on the part of a large number of +electors. The press also has a rôle more preponderant than formerly. +Everybody reads. Certainly the ruling classes profit largely by the +power of the printing press, but with the electors who have received +some instruction the capitalist newspapers are taken with due allowance +for their sincerity. Their opinion is not accepted without inquiry. We +see a rapid development of ideas, if not completely new, at least +renewed and more widespread. More or less radical reviews and +periodicals, in large number, are not without influence, and their +appearance proves that great changes are imminent." + +Professor Dicey has contrasted the Referendum with the _plébiscite_: +"The Referendum looks at first sight like a French _plébiscite_, but no +two institutions can be marked by more essential differences. The +_plébiscite_ is a revolutionary or at least abnormal proceeding. It is +not preceded by debate. The form and nature of the questions to be +submitted to the nation are chosen and settled by the men in power, and +Frenchmen are asked whether they will or will not accept a given policy. +Rarely, indeed, when it has been taken, has the voting itself been full +or fair. Deliberation and discussion are the requisite conditions for +rational decision. Where effective opposition is an impossibility, +nominal assent is an unmeaning compliment. These essential +characteristics, the lack of which deprives a French _plébiscite_, of +all moral significance, are the undoubted properties of the Swiss +Referendum." + +In the "Revue des Deux Mondes," Paris, August, 1891, Louis Wuarin, an +interested observer of Swiss politics for many years, writes: "A people +may indicate its will, not from a distance, but near at hand, always +superintending the work of its agents, watching them, stopping them if +there is reason for so doing, constraining them, in a word, to carry out +the people's will in both legislative and administrative affairs. In +this form of government the representative system is reduced to a +minimum. The deliberative bodies resemble simple committees charged with +preparing work for an elected assembly, and here the elected assembly is +replaced by the people. This sovereign action in person in the +transaction of public business may extend more or less widely; it may be +limited to the State, or it may be extended to the province also, and +even to the town. To whatever extent this supervision of the people may +go, one thing may certainly be expected, which is that the supervision +will become closer and closer as time goes on. It never has been known +that citizens gave up willingly and deliberately rights acquired, and +the natural tendency of citizens is to increase their privileges. +Switzerland is an example of this type of democratic government.... +There is some reason for regarding parliamentary government--at least +under its classic and orthodox form of rivalry between two parties, who +watch each other closely, in order to profit by the faults of their +adversaries, who dispute with each other for power without the +interests of the country, in the ardor of the encounter, being always +considered--as a transitory form in the evolution of democracy." + +The spirit of the Swiss law and its relation to the liberty of the +individual are shown in passages of the cantonal and federal +constitutions. That of Uri declares: "Whatever the Landsgemeinde, within +the limits of its competence, ordains, is law of the land, and as such +shall be obeyed," but: "The guiding principle of the Landsgemeinde shall +be justice and the welfare of the fatherland, not willfulness nor the +power of the strongest." That of Zurich: "The people exercise the +lawmaking power, with the assistance of the state legislature." That of +the Confederation: "All the Swiss people are equal before the law. There +are in Switzerland no subjects, nor privileges of place, birth, persons, +or families." + +In these general notes and quotations is sketched in broad lines the +political environment of the Swiss citizen of to-day. The social mind +with which he stands in contact is politically developed, is bent on +justice, is accustomed to look for safe results from the people's laws, +is at present more than ever inclined to trust direct legislation, and, +on the whole, is in a state of calmness, soberness, tolerance, and +political self-discipline. + +The machinery of public stewardship, subject to popular guidance, may +now be traced, beginning with the most simple form. + + +_Organization of the Commune._ + +The common necessities of a Swiss neighborhood, such as establishing and +maintaining local roads, police, and schools, and administering its +common wealth, bring its citizens together in democratic assemblages. +These are of different forms. + +One form of such assemblage, the basis of the superstructure of +government, is the political communal meeting. "In it take place the +elections, federal, state, and local; it is the local unit of state +government and the residuary legatee of all powers not granted to other +authorities. Its procedure is ample and highly democratic. It meets +either at the call of an executive council of its own election, or in +pursuance of adjournment, and, as a rule, on a Sunday or holiday. Its +presiding officer is sometimes the _maire_, sometimes a special +chairman. Care is taken that only voters shall sit in the body of the +assembly, it being a rule in Zurich that the register of citizens shall +lie on the desk for inspection. Tellers are appointed by vote and must +be persons who do not belong to the village council, since that is the +local cabinet which proposes measures for consideration. Any member of +the assembly may offer motions or amendments, but usually they are +brought forward by the town council, or at least referred to that body +before being voted upon."[F] The officials of the commune chosen in the +communal meeting, are one chief executive (who in French communes +usually has two assistants), a communal council, which legislates on +the lesser matters coming up between communal meetings, and such minor +officials as are not left to the choice of the council. + +[Footnote F: Vincent.] + +A second form of neighborhood assemblage is one composed only of those +citizens who have rights in the communal corporate domains and funds, +these rights being either inherited or acquired (sometimes by purchase) +after a term of purely political citizenship. + +A third form is the parish meeting, at which gather the members of the +same faith in the commune, or of even a smaller church district. The +Protestant, the Catholic, and the Jewish are recognized as State +religions--the Protestant alone in some cantons, the Catholic in others, +both in several, and both with the Jewish in others. + +A fourth form of local assembly is that of the school district, usually +a subdivision of a commune. It elects a board of education, votes taxes +to defray school expenses, supervises educational matters, and in some +districts elects teachers. + +Dividing the commune thus into voting groups, each with its appropriate +purpose, makes for justice. He who has a share in the communal public +wealth (forests, pastoral and agricultural lands, and perhaps funds), is +not endangered in this property through the votes of non-participant +newcomers. Nor are educational affairs mixed with general politics. And, +though State and religion are not yet severed, each form of belief is +largely left to itself; in some cantons provision is made that a +citizen's taxes shall not go toward the support of a religion to which +he is opposed. + + +_Organization of Canton and Confederation._ + +In no canton in Switzerland is there more than one legislative body: in +none is there a senate. The cities of Switzerland have no mayor, the +cantons have no governor, and, if the title be used in the American +sense, the republic has no President. Instead of the usual single +executive head, the Swiss employ an executive council. Hence, in every +canton a deadlock in legislation is impossible, the way is open for all +law demanded by a majority, and neither in canton nor Confederation is +one-man power known. + +The cantonal legislature is the Grand Council. "In the Landsgemeinde +cantons and those having the obligatory Referendum, it is little more +than a supervisory committee, preparing measures for the vote of the +citizens and acting as a check on the cantonal executive council. In the +remaining cantons (those having the optional Referendum), the +legislature has the power to spend money below a specified limit; to +enact laws of specified kinds, usually not of general application; and +to elect the more important officials, the amount of discretion [in the +different cantons] rising gradually till the complete representative +government is reached"[G] in Freiburg, which resembles one of our +states. Though in several cantons the Grand Council meets every two +months for a few days' session, in most of the cantons it meets twice a +year. The pay of members ranges from sixty cents to $1.20 per day. The +legislative bodies are large; the ratio in five cantons is one +legislator to every 1,000 inhabitants; in twelve it ranges from one to +187 up to one to 800, and in the remaining five from one to 1,000 to one +to 2,000. The Landsgemeinde cantons usually have fifty to sixty members; +Geneva, with 20,000 voters, has a hundred. + +[Footnote G: Vincent.] + +In six of the twenty-two cantons, if a certain number of voters petition +for it, the question must be submitted to the people whether or not the +legislature shall be recalled and a new one elected. + +The formation of the Swiss Federal Assembly (congress), established in +1848, was influenced by the make-up of the American congress. The lower +house is elected by districts, as in the United States, the basis of +representation being one member to 20,000 inhabitants, and the number of +members 147. The term for this house is three years; the pay, four +dollars a day, during session, and mileage. The upper house, the Council +of States (senate), the only body of the kind in Switzerland, is +composed of two members from each canton. Cantonal law governing their +election, the tenure of their office is not the same: in some cantons +they are elected by the people, in others by the legislature; their pay +varies; their term of office ranges from one to three years. Their brief +terms and the fact that their more important functions, such as the +election of the federal executive council, take place in joint session +with the second chamber, render the members of the "upper" house of +less weight in national affairs than those of the "lower." + + +_Swiss Executives._ + +The executive councils of the cities, the cantons, and the Confederation +are all of one form. They are committees, composed of members of equal +rank. The number of members varies. Of cantonal executive councilors, +there are seven in eleven of the cantons, three, five, and nine in +others, and eleven in one. In addition to carrying out the law, the +executive council usually assists somewhat in legislation, the members +not only introducing but speaking upon measures in the legislative body +with which they are associated, without, however, having a vote. In +about half the cantons, the cantonal executive councils are elected by +the people; in the rest by the legislative body. + +Types of the executive councils are those of Geneva, city and canton. +The city executive council is composed of five members, elected by the +people for four years. The salary of its president is $800 a year; that +of the other four members, $600. The cantonal executive has seven +members; the salaries are: the president, $1,200; the rest, $1,000. In +both city and cantonal councils each member is the head of an +administrative department. The cantonal executive council has the power +to suspend the deliberations of the city executive council and those of +the communal councils whenever in its judgment these bodies transcend +their legal powers or refuse to conform to the law. In case of such +suspension, a meeting of the cantonal Grand Council (the legislature) +must be called within a week, and if it approves of the action of the +cantonal executive, the council suspended is dissolved, and an election +for another must be had within a month, the members of the body +dissolved not being immediately eligible for re-election. The cantonal +executive council may also revoke the commissions of communal executives +(maires and adjoints), who then cannot immediately be re-elected. Check +to the extensive powers of the cantonal executive council lies in the +fact that its members are elected directly by the people and hold office +for only two years. But in cantons having the obligatory Referendum, +Geneva's methods, however advanced in the eyes of American republicans, +are not regarded as strictly democratic. + + +_The Federal Executive Council._ + +The Swiss nation has never placed one man at its head. Prior to 1848, +executive as well as legislative powers were vested in the one house of +the Diet. Under the constitution adopted in that year, with which the +Switzerland as now organized really began, the present form of the +executive was established. + +This executive is the Federal Council, a board of seven members, whose +term is three years, and who are elected in joint session by the two +houses of the Federal Assembly (congress). The presiding officer of the +council, chosen as such by the Federal Assembly, is elected for one +year. He cannot be his own successor. While he is nominally President +of the Confederation, Swiss treatises on the subject uniformly emphasize +the fact that he is actually no more than chairman of the executive +council. He is but "first among his equals" (_primus inter pares_). His +prerogatives--thus to describe whatever powers fall within his +duties--are no greater than those pertaining to the rest of the board. +Unlike the President of the United States, he has no rank in the army, +no power of veto, no influence with the judiciary; he cannot appoint +military commanders, or independently name any officials whatever; he +cannot enforce a policy, or declare war, or make peace, or conclude a +treaty. His name is not a by-word in his own country. Not a few among +the intelligent Swiss would pause a moment to recall his name if +suddenly asked: "Who is President this year?" + +The federal executive council is elected on the assembling of the +Federal Assembly after the triennial election for members of the lower +house. All Swiss citizens are eligible, except that no two members may +be chosen from the same canton. The President's salary is $2,605, that +of the other members $2,316. While in office, the councilors may not +perform any other public function, engage in any kind of trade, or +practice any profession. A member of the council is at the head of each +department of the government, viz.: Foreign Affairs, Interior, Justice +and Police, Military, Finances, Commerce and Agriculture, and +Post-Office and Railroads. The constitution directs a joint transaction +of the business of the council by all the seven members, with the +injunction that responsibility and unity of action be not enfeebled. The +council appoints employés and functionaries of the federal departments. +Each member may present a nomination for any branch, but names are +usually handed in by the head of the department in which the appointment +is made. As a minority of the board is uniformly composed of members of +the political party not, if it may be so described, "in power," purely +partisan employments are difficult. Removals of federal office-holders +in order to repay party workers are unheard of. + +The executive council may employ experts for special tasks, it has the +right to introduce bills in the Federal Assembly, and each councilor has +a "consultative voice" in both houses. In practice, the council is +simply an executive commission expressing the will of the assembly, the +latter having even ordered the revision of regulations drawn up by the +council for its employés at Berne. The acts of the assembly being liable +to the Referendum, connection with the will of the people is +established. Thus popular sovereignty finally, and quite directly, +controls. + +While both legislators and executives are elected for short terms, it is +customary for the same men to serve in public capacities a long time. +Though the people may recall their servants at brief intervals, they +almost invariably ask them to continue in service. Employés keep their +places at their will during good behavior. This custom extends to the +higher offices filled by appointment. One minister to Paris held the +position for twenty-three years; one to Rome, for sixteen. Once elected +to the federal executive council, a public man may regard his office as +a permanency. Of the council of 1889, one member had served since 1863, +another since 1866. Up to 1879 no seat in the council had ever become +vacant excepting through death or resignation. + + +_Features of the Judiciary._ + +Civil and criminal courts are separate. The justice of the peace sits in +a case first as arbitrator, and not until he fails in that capacity does +he assume the chair of magistrate. His decision is final in cases +involving sums up to a certain amount, varying in different localities. +Two other grades of court are maintained in the canton, one sitting for +a judicial subdivision called a district, and a higher court for the +whole canton. Members of the district tribunal, consisting of five or +seven members, are commonly elected by the people, their terms varying, +with eight years as the longest. The judges of the cantonal courts as a +rule are chosen by the Grand Council; their number seven to thirteen; +their terms one to eight years. The cantonal court is the court of last +resort. The Federal Tribunal, which consists of nine judges and nine +alternates, elected for six years, tries cases between canton and canton +or individual and canton. For this bench practically all Swiss citizens +are eligible. The entire judicial system seems designed for the speedy +trial of cases and the discouragement of litigation. + +No court in Switzerland, not even the Federal Tribunal, can reverse the +decisions of the Federal Assembly (congress). This can be done only by +the people. + +The election by the Assembly of the Federal Tribunal--as well as of the +federal executive--has met with strong opposition. Before long both +bodies may be elected by popular vote. + +Swiss jurors are elected by the people and hold office six years. In +French and German Switzerland, there is one such juror for every +thousand inhabitants, and in Italian Switzerland one for every five +hundred. To a Swiss it would seem as odd to select jurors haphazard as +to so select judges. + +In most of the manufacturing cantons, councils of prud'hommes are +elected by the people. The various industries and professions are +classified in ten groups, each of which chooses a council of prud'hommes +composed of fifteen employers and fifteen employés. Each council is +divided into a bureau of conciliation, a tribunal of prud'hommes, and a +chamber of appeals, cases going on appeal from one board to another in +the order named. These councils have jurisdiction only in the trades, +their sessions relating chiefly to payment for services and contracts of +apprenticeship. + + +_A Democratic Army._ + +In surveying the simple political machinery of Switzerland, the +inquirer, remembering the fate of so many republics, may be led to ask +as to the danger of its overthrow by the Swiss army. The reply is that, +here, again, so far as may be seen, the nation has wisely planned +safeguards. To show how, and as the Swiss army differs widely from all +others in its organization, some particulars regarding it are here +pertinent. + +The more important features of the Swiss military system, established in +1874, are as follows: There is no Commander-in-chief in time of peace. +There is no aristocracy of officers. Pensions are fixed by law. There is +no substitute system. Every citizen not disabled is liable either to +military duty or to duties essential in time of war, such as service in +the postal department, the hospitals, or the prisons. Citizens entirely +disabled and unfit for the ranks or semi-military service are taxed to a +certain per centage of their property or income. No canton is allowed to +maintain more than three hundred men under arms without federal +authority. + +Though there is no standing army, every man in the country between the +ages of seventeen and fifty is enrolled and subject annually either to +drill or inspection. On January 1, 1891, the active army, comprising all +unexempt citizens between twenty and thirty-two years, contained 126,444 +officers and men; the first reserve, thirty-three to forty-four years, +80,795; the second reserve, all others, 268,715; total, 475,955. The +Confederation can place in the field in less than a week more than +200,000 men, armed, uniformed, drilled, and every man in his place. + +On attaining his twentieth year, every Swiss youth is summoned before a +board of physicians and military officers for physical and mental +examination. Those adjudged unfit for service are exempted--temporarily +if the infirmity may pass away, for life if it be permanent. The tax on +exempted men is $1.20 plus thirty cents per year for $200 of their +wealth or $20 of their income, until the age of thirty-two years, and +half these sums until the age of forty-four. On being enrolled in his +canton, the soldier is allowed to return home. He takes with him his +arms and accoutrements, and thenceforth is responsible for them. He is +ever ready for service at short call. Intrusting the soldiery with their +outfit reduces the number of armories, thus cutting down public +expenditures and preventing loss through capture in case of sudden +invasion by an enemy. + +In the Swiss army are eight divisions of the active force and eight of +the reserve, adjoining cantons uniting to form a division. Each summer +one division is called out for the grand manoeuvres, all being brought +out once in the course of eight years. + +In case of war a General is named by the Federal Assembly. At the head +of the army in time of peace is a staff, composed of three colonels, +sixteen lieutenant colonels and majors, and thirty-five captains. + +The cost of maintaining the army is small, on an average $3,500,000 a +year. Officers and soldiers alike receive pay only while in service. If +wounded or taken ill on duty, a man in the ranks may draw up to $240 a +year pension while suffering disability. Lesser sums may be drawn by +the family of a soldier who loses his life in the service. + +At Thoune, near Berne, is the federal military academy. It is open to +any Swiss youth who can support himself while there. Not even the +President of the Confederation may in time of peace propose any man for +a commission who has not studied at the Thoune academy. A place as +commissioned officer is not sought for as a fat office nor as a ready +stepping-stone to social position. As a rule only such youths study at +Thoune as are inclined to the profession of arms. Promotion is according +to both merit and seniority. Officers up to the rank of major are +commissioned by the cantons, the higher grades by the Confederation. + + * * * * * + +In Switzerland, then, the military leader appears only when needed, in +war; he cannot for years afterward be rewarded by the presidency; +pensions cannot be made perquisites of party; the army, _i.e._ the whole +effective force of the nation, will support, and not attempt to subvert, +the republic. + + +_The True Social Contract._ + +The individual enters into social life in Switzerland with the +constitutional guarantee that he shall be independent in all things +excepting wherein he has inextricable common interests with his fellows. + +Each neighborhood aims, as far as possible, to govern itself, so +subdividing its functions that even in these no interference with the +individual shall occur that may be avoided. Adjoining neighborhoods +next form a district and as such control certain common interests. Then +a greater group, of several districts, unite in the canton. Finally +takes place the federation of all the cantons. At each of these +necessary steps in organizing society, the avowed intention of the +masses concerned is that the primary rights of the individual shall be +preserved. Says the "Westminster Review": "The essential characteristic +of the federal government is that each of the states which combine to +form a union retains in its own hands, in its individual capacity, the +management of its own affairs, while authority over matters common to +all is exercised by the states in their collective and corporate +capacity." And what is thus true of Confederation with respect to the +independence of the canton is equally true of canton with respect to the +commune, and of the commune with respect to the individual. No departure +from home rule, no privileged individuals or corporations, no special +legislation, no courts with powers above the people's will, no legal +discriminations whatever--such their aim, and in general their +successful aim, the Swiss lead all other nations in leaving to the +individual his original sovereignty. Wherever this is not the fact, +wherever purpose fails fulfillment, the cause lies in long-standing +complications which as yet have not yielded to the newer democratic +methods. On the side of official organization, one historical abuse +after another has been attacked, resulting in the simple, +smooth-running, necessary local and national stewardships described. On +the side of economic social organization, a concomitant of the political +system, the progress in Switzerland has been remarkable. As is to be +seen in the following chapter, in the management of natural monopolies +the democratic Swiss, beyond any other people, have attained justice, +and consequently have distributed much of their increasing wealth with +an approach to equity; while in the system of communal lands practiced +in the Landsgemeinde cantons is found an example to land reformers +throughout the world. + + + + +THE COMMON WEALTH OF SWITZERLAND. + + +Unless producers may exercise equal right of access to land, the first +material for all production, they stand unequal before the law; and if +one man, through legal privilege given to another, is deprived of any +part of the product of his labor, justice does not reign. The economic +question, then, under any government, relates to legal privilege--to +monopoly, either of the land or its products. + +With the non-existence of the exclusive enjoyment of monopolies by some +men--monopolies in the land, in money-issuing, in common public +works--each producer would retain his entire product excepting his +taxes. This end secured, there would remain no politico-economic problem +excepting that of taxation. + +Of recent years the Swiss have had notable success in preventing from +falling into private hands certain monopolies that in other countries +take from the many to enrich a few. Continuing to act on the principles +observed, they must in time establish not only equal rights in the land +but the full economic as well as political sovereignty of the +individual. + + +_Land and Climate._ + +Glance at the theatre of the labor of this people. Switzerland, with +about 16,000 square miles, equals in area one-third of New York. Of its +territory, 30 per cent--waterbeds, glaciers, and sterile mountains--is +unproductive. Forests cover 18 per cent. Thus but half the country is +good for crops or pasture. The various altitudes, in which the climate +ranges from that of Virginia to that of Labrador, are divided by +agriculturists into three zones. The lower zone, including all lands +below a level of 2,500 feet above the sea, touches, at Lake Maggiore, in +the Italian canton of Ticino, its lowest point, 643 feet above the sea. +In this zone are cultivated wheat, barley, and other grains, large crops +of fruit, and the vine, the latter an abundant source of profit. The +second zone, within which lies the larger part of the country, includes +the lower mountain ranges. Its altitudes are from 2,500 to 5,000 feet, +its chief growth great forests of beech, larch, and pine. Above this +rises the Alpine zone, upon the steep slopes of which are rich pastures, +the highest touching 10,000 feet, though they commonly reach but 8,000, +where vegetation becomes sparse and snow and glaciers begin. In these +mountains, a million and a half cattle, horses, sheep, and goats are fed +annually. In all, Switzerland is not fertile, but rocky, mountainous, +and much of it the greater part of the year snow-covered. + +Whatever the individual qualities of the Swiss, their political +arrangements have had a large influence in promoting the national +well-being. This becomes evident with investigation. Observe how they +have placed under public control monopolies that in other countries +breed millionaires:-- + + +_Railroads._ + +One bureau of the Post-Office department exercises federal supervision +over the railroads, a second manages the mail and express services, and +a third those of the telegraph and telephone. + +Of railroads, there are nearly 2,000 miles. Their construction and +operation have been left to private enterprise, but from the first the +Confederation has asserted a control over them that has stopped short +only of management. Hence there are no duplicated lines, no +discriminations in rates, no cities at the mercy of railroad +corporations, no industries favored by railroad managers and none +destroyed. The government prescribes the location of a proposed line, +the time within which it must be built, the maximum tariffs for freight +and passengers, the minimum number of trains to be run, and the +conditions of purchase in case the State at any time should decide to +assume possession. Provision is made that when railway earnings exceed a +certain ratio to capital invested, the surplus shall be subjected to a +proportionately increased tax. Engineers of the Post-Office department +superintend the construction and repair of the railroads, and +post-office inspectors examine and pass upon the time-tables, tariffs, +agreements, and methods of the companies. Hence falsification of reports +is prevented, stock watering and exchange gambling are hampered, and +"wrecking," as practiced in the United States, is unknown. + +Owing to tunnels, cuts, and bridges, the construction of the Swiss +railway system has been costly; Mulhall's statistics give Switzerland a +higher ratio of railway capital to population than any other country in +Europe. Yet the service is cheap, passenger tariffs being considerably +less than in France and Great Britain, and, about the same as in +Germany, within a shade as low as the lowest in Europe. + +Differing from the narrow compartment railway carriages of other +European countries, the passenger cars of Switzerland are generally +built on the American plan, so that the traveler is enabled to view the +scenery ahead, behind, and on both sides. For circular tours, the +companies make a reduction of 25 per cent on the regular fare. At the +larger stations are interpreters who speak English. Unlike the service +in other Continental countries, third class cars are attached to all +trains, even the fastest. On the whole, despite the highest railroad +investment per head in Europe, Switzerland has the best of railway +service at the lowest of rates, the result of centralized State control +coupled with free industry under the limitations of that control. In the +ripest judgment of the nation up to the present, this system yields +better results than any other: by a referendary vote taken in December, +1891, the people refused to change it for State ownership of railroads. + + +_Mails, the Telegraph, the Telephone, and Highways._ + +The Swiss postal service is a model in completeness, cheapness, and +dispatch. Switzerland has 800 post-offices and 2,000 dépôts where +stamps are sold and letters and packages received. Postal cards cost 1 +cent; to foreign countries, 2 cents, and with return flap, 4. For +half-ounce letters, within a circuit of six miles, the cost is 1 cent; +for letters for all Switzerland, up to half a pound, 2 cents; for +printed matter, one ounce, two-fifths of a cent; to half a pound, 1 +cent; one pound, 2 cents; for samples of goods, to half a pound, 1 cent; +one pound, 2 cents. + +There are 1,350 telegraph offices open to the public. A dispatch for any +point in Switzerland costs 6 cents for the stamp and 1 cent for every +two words. + +The Swiss Post-Office department has many surprises in store for the +American tourist. Mail delivery everywhere free, even in a rural commune +remote from the railroad he may see a postman on his rounds two or three +times a day. When money is sent him by postal order, the letter-carrier +puts the cash in his hands. If he wishes to send a package by express, +the carrier takes the order, which soon brings to him the postal express +wagon. A package sent him is delivered in his room. At any post-office +he may subscribe for any Swiss publication or for any of a list of +several thousand of the world's leading periodicals. When roving in the +higher Alps, in regions where the roads are but bridle paths, the +tourist may find in the most unpretending hotel a telegraph office. If +he follows the wagon roads, he may send his hand baggage ahead by the +stage coach and at the end of his day's walk find it at his +destination. + +There are three hundred stage routes in Switzerland, all operated under +the Post-Office department, private posting on regular routes being +prohibited. The department owns the coaches; contractors own the horses +and other material. From most of the termini, at least two coaches +arrive and depart daily. Passengers, first and second class, are +assigned to seats in the order of purchasing tickets. Every passenger in +waiting at a stage office on the departure of a coach must by law be +provided with conveyance, several supplementary vehicles often being +thus called into employ. A postal coach may be ordered at an hour's +notice, even on the mountain routes. Coach fare is 6 cents a mile; in +the Alps, 8. Each passenger is allowed thirty-three pounds of baggage; +in the Alps, twenty-two. Return tickets are sold at a reduction of 10 +per cent. + +The cantonal wagon roads of Switzerland are unequaled by any of the +highways in America. They are built by engineers, are solidly made, are +macadamized, and are kept in excellent repair. The Alpine post roads are +mostly cut in or built out upon the steep mountain sides. Not +infrequently, they are tunneled through the massive rocky ribs of great +peaks. Yet their gradient is so easy that the average tourist walks +twenty-five miles over them in a short day. The engineering feats on +these roads are in many cases notable. On the Simplon route a wide +mountain stream rushes down over a post-road tunnel, and from within the +traveler may see through the gallery-like windows the cataract pouring +close beside him down into the valley. On the route that passes the +great Rhone glacier, the road ascends a high mountain in a zigzag that, +as viewed in front from the valley below, looks like a colossal +corkscrew. This road is as well kept as the better turnpikes of New +York, teams moving at a fast walk in ascending and at a trot in +descending, though the region is barren and uninhabitable, and wintry +nine months in the year. These two examples, however, give but a faint +idea of the vast number of similar works. The federal treasury +appropriates to several of the Alpine cantons, in addition to the sums +so expended by the local administrations, from $16,000 to $40,000 a year +for the maintenance of their post roads. + +With lower postage than any other country, the net earnings of the Swiss +postal system for 1889 were $560,000. This, however, is but a fraction +of the real gain to the nation from this source. Without their roads, +railroads, stage lines, and mail facilities, their hotels, numbering +more than one thousand and as a rule excellently managed, could not be +maintained for the summer rush of foreign tourists, worth to the country +many million dollars a year. The finest Alpine scenery is by no means +confined to Swiss boundaries, but within these lines the comforts of +travel far surpass those in the neighboring mountainous countries. In +Savoy, Lombardy, and the Austrian Tyrol, the traveler must be prepared +to put up with comparatively antiquated methods and primitive +accommodations. + +Yet, previous to 1849, each Swiss canton had its own postal +arrangements, some cantons farming out their systems either to other +cantons or to individuals. In each canton the service, managed +irrespective of federal needs, was costly, and Swiss postal systems, as +compared with those of France and Germany, were notoriously behindhand. + + +_Banking._ + +While the Confederation coins the metallic money current in the country, +it is forbidden by the constitution to monopolize the issue of notes or +guarantee the circulation of any bank. For the past ten years, however, +it has controlled the circulation of the banks, the amount of their +reserve fund, and the publication of their reports.[H] The latter may be +called for at the discretion of the executive council, in fact even +daily. + +[Footnote H: A vote, October 18, 1891, made note-issuing a federal +monopoly.] + +There are thirty-five banks of issue doing business under cantonal law. +Of these, eighteen, known as cantonal banks, either are managed or have +their notes guaranteed by the respective cantons. Thus, while banking +and money-issuing are free, the cantonal banks insure a requisite note +circulation, minimizing the rate of interest and reducing its +fluctuations. The setting up of cantonal banks, in order to withdraw +privileges from licensed banks, was one of the public questions agitated +by social reformers and decided in several of the cantons by direct +legislation. + + +_Taxes._ + +The framework of this little volume does not admit so much as an +outline of the various methods of taxation practiced in Switzerland. As +in all countries, they are complex. But certain significant results of +direct legislation are to be pointed out. In all the cantons there is a +strong tendency to raise revenue from direct, as opposed to indirect, +taxes, and from progressive taxation according to fortune. The +following, from an editorial in the "Christian Union," February 12, +1891, so justly and briefly puts the facts that I prefer printing it +rather than words of my own, which might lie under suspicion of being +tinged with the views of a radical: "With the democratic revolution of +1830 the people demanded that direct taxation should be introduced, and +since the greater revolution of 1848 they have been steadily replacing +the indirect taxes upon necessities by direct taxes upon wealth. In +Zurich, for example--where in the first part of this century there were +no direct taxes--in 1832 indirect taxation supplied four-fifths of the +local revenue; to-day it supplies but one-seventeenth. The canton raises +thirty-two francs per capita by direct taxation where it raises but two +by indirect taxation. This change has accompanied the transformation of +Switzerland from a nominal to a real democracy. By the use of direct +taxation, where every man knows just how much he pays, and by the use of +the Referendum, where the sense of justice of the entire public is +expressed as to how tax burdens should be distributed, Switzerland has +developed a system by which the division of society into the harmfully +rich and wretchedly poor has been checked, if not prevented. In the +most advanced cantons, as has been brought out by Professor Cohn in the +'Political Science Quarterly,' the taxes, both on incomes and on +property, are progressive. In each case a certain minimum is exempted. +In the case of incomes, the progression is such that the largest incomes +pay a rate five times as heavy as the very moderate ones; while in the +case of property, the largest fortunes pay twice as much as the +smallest. The tax upon inheritances has been most strongly developed. In +the last thirty years it has been increased sixfold. The larger the +amount of property, and the more distant the relative to whom it has +been bequeathed, the heavier the rate is made. It is sometimes as high +as 20 per cent. Speaking upon this point, the New York 'Evening Post' +correspondent says: 'Evidently there are few countries that do so much +to discourage the accumulation of vast fortunes; and, in fact, +Switzerland has few paupers and few millionaires.'" + +Until 1848, each canton imposed cantonal tariff duties on imported +goods, and, as is yet the case in most continental countries, until a +few years ago the larger cities imposed local import duties (_octrois_). +But the _octroi_ is now a thing of the past, and save in one respect the +cantons have abolished cantonal tariffs. The mining of salt being under +federal control, and the retail price regulated by each canton for +itself, supervision of imports of salt into each canton becomes +necessary. + +The "Statesmen's Year Book" (1891) gives the debts of all the cantons +of Switzerland as inconsiderable, while the federal debt, in 1890 but +eleven million dollars, is less than half the federal assets in stocks +and lands. In summing up at the close of his chapter on "State and Local +Finance," Prof. Vincent says: "On the whole, the expenditures of +Switzerland are much less than those of neighboring states. This may be +ascribed in part to the lighter military burden, in part to the fact +that no monarchs and courts must be supported, and further, to the +inclinations of the Swiss people for practical rather than ornamental +matters." And he might pertinently have added, "and to the fact that the +citizens themselves hold the public purse-strings." + + +_Limitations to Swiss Freedom._ + +Certain stumbling blocks stand in the way of sweeping claims as to the +freedom enjoyed in Switzerland. One is asked: What as to the suppression +of the Jesuits and the Salvation Army? As to the salt and alcohol +monopolies of the State? As to the federal protective tariff? What as to +the political war two years ago in Ticino? + +Two mutually supporting forms of reply are to be made to these queries. +One relates to the immediate circumstances under which each of the +departures from freedom cited have taken place; the other to historical +conditions affecting the development of the Swiss democracy of to-day. + +As to the first of these forms of reply: + +In the decade previous to 1848 occurred the religious disturbances that +ended in the war of the Sonderbund (secession), when several Catholic +cantons endeavored to dissolve the loose federal pact under which +Switzerland then existed. On the defeat of the secessionists, the +movement for a closer federation--for a Confederation--received an +impetus, which resulted in the present union. By an article of the +constitution then substituted for the pact, convents were abolished and +the order of the Jesuits forbidden on Swiss soil. Both had endangered +the State. Mild, indeed, is this proscription when compared with the +effects of the religious hatreds fostered for centuries between +territories now Swiss cantons. In the judgment of the majority this +restriction of the freedom of a part is essential to that enjoyed by the +nation as a whole. + +The exercises of the Salvation Army fell under the laws of the +municipalities against nuisances. The final judicial decision in this +case was in effect that while persons of every religious belief are free +to worship in Switzerland, none in doing so are free seriously to annoy +their neighbors. + +The present federal protective tariff was imposed just after the federal +Referendum (optional) had been called into operation on several other +propositions, and, the public mind weary of political agitation, demand +for the popular vote on the question was not made. The Geneva +correspondent of the Paris "Temps" wrote of the tariff when it was +adopted in 1884: "This tariff has sacrificed the interest of the whole +of the consumers to temporary coalitions of private interests. It would +have been shattered like a card house had it been submitted to the vote +of the people." In imposing the tariff, the Federal Assembly in +self-defense followed the action of other Continental governments. Many +raw materials necessary to manufactures were, however, exempted and the +burden of the duties placed on luxuries. As it is, Switzerland, without +being able to obtain a pound of cotton except by transit through regions +of hostile tariffs, maintains a cotton manufacturing industry holding a +place among the foremost of the Continent, while her total trade per +head is greater than that of any other country in Europe. + +The days of the federal salt monopoly are numbered. The criticisms it +has of late evoked portend its end. A popular vote may finish it at any +time. + +The State monopoly of alcohol, begun in 1887, is as yet an experiment. +Financially, it has thus far been moderately successful, though +smuggling and other evasions of the law go on on a large scale. The +nation, yet in doubt, is awaiting developments. With a reaction, +confidently predicted by many, against high tariffs and State +interference with trade, the monopoly may be abolished. + +The little war in Ticino was the expiring spasm of the ultramontanes, +desperately struggling against the advance of the Liberals armed with +the Referendum. The reactionaries were suppressed, and the people's law +made to prevail. The story, now to be read in the annual reference +books, is a chronicle that cannot fail to win approval for democracy as +an agency of peace and justice. + + * * * * * + +The explanations conveyed in these facts imply yet a deeper cause for +the lapses from freedom in question. This cause is that Switzerland, in +many cantons for centuries undemocratic, is not yet entirely democratic. +Law cannot rise higher than its source. The last step in democracy +places all lawmaking power directly and fully in the hands of the +majority, but if by the majority justice is dimly seen, justice will be +imperfectly done. No more may be asserted for democracy than this: (1) +That under the domination of force, at present the common state of +mankind, escape from majority rule in some form is impossible. (2) That +hence justice as seen by the majority, exercising its will in conditions +of equality for all, marks the highest justice obtainable. In their +social organization and practice, the Swiss have advanced the line of +justice to where it registers their political,--their mental and +moral,--development. Above that, manifestly, it cannot be carried. + +Despite a widespread impression to the contrary, the traditions for ages +of nearly all that now constitutes Swiss territory have been of tyranny +and not of liberty. In most of that territory, in turn, bishop, king, +noble, oligarch, and politician governed, but until the past half +century, or less, never the masses. Half the area of Switzerland, at +present containing 40 per cent of the inhabitants, was brought into the +federation only in the present century. Of this recent accession, +Geneva, for a brief term part of France, had previously long been a pure +oligarchy, and more remotely a dictatorship; Neuchâtel had been a +dependency of the crown of Prussia, never, in fact, fully released until +1857; Valais and the Grisons, so-called independent confederacies, had +been under ecclesiastical rule; Ticino had for three centuries been +governed as conquered territory, the privilege of ruling over it +purchased by bailiffs from its conquerors, the ancient Swiss League--"a +harsh government," declares the Encyclopædia Britannica, "one of the +darkest passages of Swiss history." Of the older Switzerland, Bâle, +Berne, and Zurich were oligarchical cities, each holding in feudality +extensive neighboring regions. Not until 1833 were the peasants of Bâle +placed on an equal footing with the townspeople, and then only after +serious disturbances. And the inequalities between lord and serf, victor +and vanquished, voter and disfranchised, existed in all the older states +save those now known as the Landsgemeinde cantons. Says Vincent: "Almost +the only thread that held the Swiss federation together was the +possession of subject lands. In these they were interested as partners +in a business corporation. Here were revenues and offices to watch and +profits to divide, and matters came to such a pass that almost the only +questions upon which the Diet could act in concert were the inspection +of accounts and other affairs connected with the subject territories. +The common properties were all that prevented complete rupture on +several critical occasions. Another marked feature in the condition of +government was the supremacy gained by the patrician class. +Municipalities gained the upper hand over rural districts, and within +the municipalities the old families assumed more and more privileges in +government, in society, and in trade. The civil service in some +instances became the monopoly of a limited number of families, who were +careful to perpetuate all their privileges. Even in the rural +democracies there was more or less of this family supremacy visible. +Sporadic attempts at reform were rigorously suppressed in the cities, +and government became more and more petrified into aristocracy. A study +of this period of Swiss history explains many of the provisions found in +the constitutions of today, which seem like over-precaution against +family influence. The effect of privilege was especially grievous, and +the fear of it survived when the modern constitutions were made." + +Here, plainly, are the final explanations of any shortcomings in Swiss +liberty. In those parts of Switzerland where these shortcomings are +serious, modern ideas of equality in freedom have not yet gained +ascendency over the ages-honored institution of inequality. Progress is +evident, but the goal of possible freedom is yet distant. How, indeed, +could it be otherwise when in several cantons it was only in 1848, with +the Confederation, that manhood suffrage was established? + +But how, it may be inquired, did the name of Swiss ever become the +synonym of liberty? This land whose soldiery hired out as mercenaries to +foreign princes, this League of oppressors, this hotbed of religious +conflicts and persecutions,--how came it to be regarded as the home of a +free people! + +The truth is that the traditional reputation of the whole country is +based on the ancient character of a part. The Landsgemeinde cantons +alone bear the test of democratic principles. Within them, indeed, for a +thousand years the two primary essentials of democracy have prevailed. +They are: + +(1) That the entire citizenship vote the law. + +(2) That land is not property, and its sole just tenure is occupancy and +use. + +The first-named essential is yet in these cantons fully realized; +largely, also, is the second. + + +_The Communal Lands of Switzerland._ + +As to the tenure of the land held in Switzerland as private property, +Hon. Boyd Winchester, for four years American minister at Berne, in his +recent work, "The Swiss Republic," says: "There is no country in Europe +where land possesses the great independence, and where there is so wide +a distribution of land ownership as in Switzerland. The 5,378,122 acres +devoted to agriculture are divided among 258,637 proprietors, the +average size of the farms throughout the whole country being not more +than twenty-one acres. The facilities for the acquisition of land have +produced small holders, with security of tenure, representing +two-thirds the entire population. There are no primogeniture, copyhold, +customary tenure, and manorial rights, or other artificial obstacles to +discourage land transfer and dispersion." "There is no belief in +Switzerland that land was made to administer to the perpetual elevation +of a privileged class; but a widespread and positive sentiment, as +Turgot puts it, that 'the earth belongs to the living and not to the +dead,' nor, it may be added, to the unborn." + +Turgot's dictum, however, obtains no more than to this extent: (1) The +cantonal testamentary laws almost invariably prescribe division of +property among all the children--as in the code Napoleon, which prevails +in French Switzerland, and which permits the testator to dispose of only +a third of his property, the rest being divided among all the heirs. (2) +Highways, including the railways, are under immediate government +control. (3) The greater part of the forests are managed, much of them +owned, by the Confederation. (4) In nearly all the communes, some lands, +often considerable in area, are under communal administration. (5) In +the Landsgemeinde cantons largely, and in other cantons in a measure, +inheritance and participation, jointly and severally, in the communal +lands are had by the members of the communal corporation--that is, by +those citizens who have acquired rights in the public property of the +commune. + +Nearly every commune in Switzerland has public lands. In many communes, +where they are mostly wooded, they are entirely in charge of the local +government; in others, they are in part leased to individuals; in +others, much of them is worked in common by the citizens having the +right; but in the Landsgemeinde cantons it is customary to divide them +periodically among the members of the corporation. + +Of the Landsgemeinde cantons, one or two yet have nearly as great an +area of public land as of private. The canton of Uri has nearly 1,000 +acres of cultivated lands, the distribution of which gives about a +quarter of an acre to each family entitled to a share. Uri has also +forest lands worth between 4,000,000 and 5,000,000 francs, representing +a capital of nearly 1,500 francs to each family. The commune of Obwald, +in Unterwald, with 13,000 inhabitants, has lands and forests valued at +11,350,000 francs. Inner Rhodes, in Appenzell, with 12,000 inhabitants, +has land valued at 3,000,000 francs. Glarus, because of its +manufactures, is one of the richest cantons in public domain. In the +non-Landsgemeinde German cantons, there is much common land. One-third +of all the lands of the canton of Schaffhausen is held by the communes. +The town of Soleure has forests, pastures, and cultivated lands worth +about 6,000,000 francs. To the same value amounts the common property of +the town of St. Gall. In the canton of St. Gall the communal Alpine +pasturages comprise one-half such lands. Schwyz has a stretch of common +land (an _allmend_) thirty miles in length and ten to fifteen in +breadth. The city of Zurich has a well-kept forest of twelve to fifteen +square miles, worth millions of francs. Winterthur, the second town in +Zurich, has so many forests and vineyards that for a long period its +citizens not only had no taxes to pay, but every autumn each received +gratis several cords of wood and many gallons of wine. Numerous small +towns and villages in German Switzerland collect no local taxes, and +give each citizen an abundance of fuel. In addition to free fuel, +cultivable lands are not infrequently allotted. At Stanz, in Unterwald, +every member of the corporation is given more than an acre. At Buchs, in +St. Gall, each member receives more than an acre, with firewood and +grazing ground for several head of cattle. Upward of two hundred French +communes possess common lands. In the canton of Vaud, a number of the +communes have large revenues in wood and butter from the forests and +pastures of the Jura mountains. Geneva has great forests; Valais many +vineyards. + +In the canton of Valais, communal vineyards and grain fields are +cultivated in common. Every member of the corporation who would share in +the produce of the land contributes a certain share of work in field or +vineyard. Part of the revenue thus obtained is expended in the purchase +of cheese. The rest of the yield provides banquets in which all the +members take part. + +Excepting in the case of forests, the trend is away from working the +lands in common. Examples of the later methods are to be seen in the +cantons of Ticino and Glarus, as follows:-- + +Several communes in Ticino, notably Airolo, have much public wealth. +Airolo has seventeen mountain pastures, each of which feeds forty to +eighty head of cattle. Each member of the corporation has the right to +send up to these pastures five head for the summer. Those sending more, +pay for the privilege; those sending less, receive a rental. On a +specified day at the beginning of the season and on another at the +close, the milk of each cow is weighed; from these amounts her average +yield is estimated, and her total produce computed. The cheese and +butter from the herds are sold, most of it in Milan, the hire of the +herders paid, and the net revenue divided among the members according to +the yield of their cows. + +In Glarus, the produce of the greater part of the communal lands, +instead of being directly divided among the inhabitants, is substituted +for taxation. The commonable alps are let by auction for a term of +years, and, in opposition to ancient principles, strangers may bid for +them. Some of the Glarus communes sell the right to cut timber in the +forest under the superintendence of the guardians. The mountain hotels, +in not a few instances the property of the communes, are let year by +year. Land is frequently rented from the communes by manufacturing +establishments. A citizen not using his share of the communal land may +lease it to the commune, which in turn will let it to a tenant. The +communes of Glarus are watchful that enough arable land is preserved for +distribution among the members. If a plot is sold to manufacturers, or +for private building purposes, a piece of equal or greater extent is +bought elsewhere. Glarus has relatively as many people engaged in +industries aside from farming as any other spot in Europe. It has 34,000 +inhabitants, of whom nearly 15,000 live directly by manufactures, while +of the rest many indirectly receive something from the same source. +Distributive coöperative societies on the English plan exist in most of +the industrial communes. The members of the communal corporations in +Glarus, though not rich, are as free and independent as any other +wage-workers in the world: they inherit the common lands; their local +taxes are little or nothing; they are assured work, if not in the +manufactories then on the land. + +Of the poverty that fears pauperism in old age, that dreads enforced +idleness in recurrent industrial crises, that undermines health, that +sinks human beings in ignorance, that deprives men of their manhood, the +Swiss who enjoy the common lands of the Landsgemeinde cantons know +little or nothing. They have enough. They have nothing to waste, nothing +to spare; their fare is simple. But they are free. It is to the like +freedom and equality of their ancestors that historians have pointed. It +would be well nigh meaningless to refer to any freedom and equality +among other ancient Swiss. The right of asylum from religious oppression +is the sole feature of liberty at all general of old. The present is the +first generation in which all the Swiss have been free. The chief +elements of their political freedom--the Initiative and +Referendum--came from the Landsgemeinde cantons. From the same source, +in good time, so also may come to all Switzerland the prime element of +economic freedom--free access to land. + + * * * * * + +Poverty is a relative condition. Men may be poor of mind--ignorant; and +of body--ill-fed, ill-clothed, ill-sheltered; and of rights--dependent. +And from the state of hopeless deprivation involving all these forms +upward are minute gradations. Where stand the Swiss in the scale? + +This the reply: Their system of education gives free opportunity to all +to partake of the mental heritage of the ages. Their method of +distribution, through the inheritance laws, of private and common lands, +has made roughly two-thirds of the heads of families agricultural land +holders. There being in other regards government control of all +monopolies, the consequence is a widespread distribution of the annual +product. Hence, no pauperism to be compared with that of England; no +plutocracy such as we have in America. Certain other facts broadly +outline the general comfort and independence. As one effect of the +subdivision of the land, the soil, so far as nature permits, is highly +cultivated, its appearance fertile, finished, beautiful, and in striking +contrast with the dominating vast, bare mountain rocks and snowbeds. The +many towns and cities bear abundant signs of a general prosperity, their +roads, bridges, stores, residences, and public buildings betokening in +the inhabitants industry and energy, and freedom to employ these +qualities. Emigration is at low percentage, and of those citizens who do +leave for the New World not a few are educated persons with some means +seeking short cuts to fortune. Much of the rough work of Switzerland is +done by Savoyards, as houseworkers, and by Italians, as farm hands, +laborers, and stone masons: showing that as a body even the poorest of +the propertyless Swiss have some choice of the better paid occupations. +Every spring sees Italians, by scores of thousands, pouring over the +Alps for a summer's work in Switzerland. Indeed, Swiss wage-workers +might command better terms were it not for competing Italians, French, +and Germans. In other words, through just social arrangements, enough +has been done in Switzerland to raise the economic level of the entire +nation; but the overflow of laborers from other lands depresses the +condition of home labor. Nevertheless, where, it may be asked, is the +people higher in the scale of civilization, in all the word implies, +than the Swiss? + + * * * * * + +To recount what the Swiss have done by direct legislation: + +They have made it easy at any time to alter their cantonal and federal +constitutions,--that is, to change, even radically, the organization of +society, the social contract, and thus to permit a peaceful revolution +at the will of the majority. They have as well cleared from the way of +majority rule every obstacle,--privilege of ruler, fetter of ancient +law, power of legislator. They have simplified the structure of +government, held their officials as servants, rendered bureaucracy +impossible, converted their representatives to simple committeemen, and +shown the parliamentary system not essential to lawmaking. They have +written their laws in language so plain that a layman may be judge in +the highest court. They have forestalled monopolies, improved and +reduced taxation, avoided incurring heavy public debts, and made a +better distribution of their land than any other European country. They +have practically given home rule in local affairs to every community. +They have calmed disturbing political elements;--the press is purified, +the politician disarmed, the civil service well regulated. Hurtful +partisanship is passing away. Since the people as a whole will never +willingly surrender their sovereignty, reactionary movement is possible +only in case the nation should go backward. But the way is open forward. +Social ideals may be realized in act and institution. Even now the +liberty-loving Swiss citizen can discern in the future a freedom in +which every individual,--independent, possessed of rights in nature's +resources and in command of the fruits of his toil,--may, at his will, +on the sole condition that he respect the like aim of other men, pursue +his happiness. + + + + +DIRECT LEGISLATION IN THE UNITED STATES. + + +"But these are foreign methods. How are they to be engrafted on our +American system?" More than once have I been asked this question when +describing the Initiative and Referendum of Switzerland. + +The reply is: Direct legislation is not foreign to this country. Since +the settlement of New England its practice has been customary in the +town meeting, an institution now gradually spreading throughout the +western states--of recent years with increased rapidity. The Referendum +has appeared, likewise, with respect to state laws, in several forms in +every part of the Union. In the field of labor organization, also, +especially in several of the more carefully managed national unions, +direct legislation is freely practiced. The institution does not need to +be engrafted on this republic; it is here; it has but to develop +naturally. + + +_The Town Meeting._ + +The town meeting of New England is the counter-part of the Swiss +communal political meeting. Both assemblies are the primary form of the +politico-social organization. Both are the foundation of the structure +of the State. The essential objects of both are the same: to enact local +regulations, to elect local officers, to fix local taxation, and to +make appropriations for local purposes. At both, any citizen may propose +measures, and these the majority may accept or reject--_i.e._, the +working principles of town and commune alike are the Initiative and the +Referendum. + +A fair idea of the proceedings at all town meetings may be gained +through description of one. For several reasons, a detailed account here +of what actually happened recently at a town meeting is, it seems to me, +justified. At such a gathering is seen, in plain operation, in the +primary political assembly, the principles of direct legislation. The +departure from those principles in a representative gathering is then +the more clearly seen. In many parts of the country, too, the methods of +the town meeting are little known. By observing the transactions in +particular, the reader will learn the variety in the play of democratic +principle and draw from it instructive inference. + +The town of Rockland, Plymouth county, in the east of Massachusetts, has +5,200 inhabitants; assesses for taxation 5,787 acres of land; contains +1,078 dwelling houses, 800 of which are occupied by owners, and numbers +1,591 poll tax payers, who are therefore voters. + +At 9 a.m., on Monday, March 2, 1891, 819 voters of Rockland assembled in +the opera house for the annual town meeting, the "warrant" for which, in +accordance with the law, had been publicly posted seven days before and +published once in each of the two town newspapers. A presiding officer +for the day, called a moderator, was elected by show of hands, after +which an election by ballot for town officers for the ensuing year was +begun. The supervisors of the voting were the town clerk and the three +selectmen (the executive officers of the town), who were seated on a +platform at one end of the hall. To cast his ballot, a voter mounted the +platform, his name was called aloud by the clerk, his ballot was +deposited, a check bell striking as it was thrown in the ballot-box, and +the voter stepped on and down. The ballot was a printed one, its size, +color, and type regulated by state law. When the voters had cast their +ballots, five tellers, who had been chosen by show of hands, counted the +vote. In this balloting for town officers, there was no division into +Republicans and Democrats, although considerable grouping together +through party association could be traced. The officers elected were a +town clerk and treasurer; a board of three, to serve as selectmen, +assessors, overseers of the poor, and fence viewers; three school +committeemen; a water commissioner; a board of health of three members; +two library trustees; three auditors, and seven constables. + +A vote was also taken by ballot--"Yes" or "No"--on the question: "Shall +licenses be granted for the sale of intoxicating liquors in this town?" +The yeas were 317; nays, 347. The form of ballot used in this case was +precisely that invariably employed in the Referendum in Switzerland. + +After a recess of an hour at midday, the business laid out in the +"warrant" was resumed. There were present 700 to 800 voters, with, as +on-lookers on the same floor, a large number of women, the principal +and pupils of the high school, and the teachers and children of the +grammar schools. + +The "warrant" (the schedule for the meeting) consisted of forty-four +"articles," each representing a matter to be debated and voted on--that +is to say, a subject for legislation. These articles had been placed in +the warrant by the selectmen, either on their own motion or on request +of citizens. The election of moderator had taken place under article 1; +that of town officers under article 2; the license vote under article 3. +The voting on the rest of the articles now took place by show of hands. +Article 4 related to the annual reports of the town officers, printed +copies of which were to be had by each citizen. These were read and +discussed. Article 5 related to the general appropriations for town +expenses for the ensuing year. The following were decided on, each item +being voted on separately: + + For highway repairs $3,800 For military aid $500 + For removing snow 300 For guideboards 50 + For fire department 1,200 For abatement of taxes and + For police service 500 collector's fee 500 + For night watch 600 For support of poor 5,500 + For town officers 2,200 For library, etc 1,000 + For town committees, and For schools, proper 11,300 + Abingdon records 50 For school-incidentals 1,000 + For miscellaneous expenses 1,200 For school books 1,000 + For interest 1,000 For hydrants 2,300 + For memorial day 100 For water bonds, etc 2,500 + +Article 6, which was agreed to, authorized the town treasurer to borrow +money in anticipation of the collection of taxes; article 7 related to +the method of collecting the town taxes. It was decided these should be +farmed out to the lowest bidder, and, on the spot, a citizen secured the +contract at sixty-eight cents on the hundred. Article 8 related to the +powers of the tax collector; 9, to a list of jurors reported by the +selectmen, which was accepted; 10, to methods of repairing highways and +sidewalks; 11, to appropriating money for memorial day. Articles 10 and +11 were passed over, having been covered in the general appropriations, +and the selectmen were instructed to enforce in highway work the +nine-hour law. Article 12, which was adopted, provided for a night +watch; 13, relating to copying the records of Abingdon, had been passed +upon in the general appropriations; 14, providing for widening and +straightening a street, was passed, and $350 appropriated for the +purpose; 15, providing for concrete sidewalks, excited much debate, and +$300 was appropriated in addition to material on hand. Articles 16, +appropriating $350 for draining a street, and 17, requesting the +selectmen to lay out a water course on another street, were adopted. +Article 18, which was carried by a large majority, appropriated, in five +items, discussed and voted on separately, $7,250 for the fire +department. Article 19 appropriated $100 for a town road, 20 $200 for +another, and these were adopted, but 21, by which $325 was asked for +another road, was laid on the table. Articles 22 and 23, appropriating +$75 and $25 for bridges, were passed. Article 24, proposing the +graveling of a sidewalk, was referred to the selectmen. Articles 25, 26, +27, and 28, proposing the laying of sidewalks, were adopted, with +appropriations of $150, $125, $150, and $150; but 29, also proposing a +new sidewalk, was laid on the table. Article 30, proposing a new +sidewalk, was adopted, with an appropriation of $300, but 31, proposing +another, was laid on the table. Articles 32, proposing to change the +grading of two streets, with an appropriation of $500; 33, appropriating +$300 for a highway roller; 34, providing for a public drinking fountain, +and appropriating $200; 35, providing for a new bridge, and +appropriating $75, were all adopted. Articles 36, 37, and 38, providing +for extensions to the water mains, were laid on the table. Article 39, +appropriating $300 for relocation of a telephone line, was adopted; but +articles 40, providing for a memorial building, 41, providing for a town +hall, and 42, providing for a soldiers' memorial, were laid on the +table. Lastly, articles 43 and 44, providing for changes in street +names, were accepted as reported by the selectmen. + +After finishing the "warrant," the meeting appropriated $10 to pay the +moderator, fixed $3 a day as the rate for the selectmen, and directed +the latter not to employ as constable any man who had been rejected by a +vote of the town. It was 10.45 p.m. when the assemblage broke up, a +recess having been taken from 5.30 to 7.30. + +The proceedings at this meeting were characterized by democratic +methods. When the town officers handed in their reports, they were +questioned and criticised by one citizen and another. A motion to refer +the general appropriation list to a committee of twenty-five met with +overwhelming defeat in the face of the expressed sentiment that about +all left of primitive democracy was the old-fashioned town meeting. One +of the speakers on the town library appropriation was a lady, and her +point was carried. On the question of buying new fire extinguishing +apparatus, there were sides and leaders, with prolonged debate. As to +roads and bridges, each matter was dealt with on its own merits and +separately from other similar propositions. In the election for +officers, women voted for school committeemen. + +The only officials of Rockland under annual salary are the treasurer and +town physician. Selectmen receive a sum per diem; constables, fees; +school committeemen make out their own bills. The others serve for +nothing. + +Rockland, politically, is a typical New England town. What is to be said +of its manner of town meeting may, with little modification, be said of +all. Each citizen present at such a meeting may join in the debate. From +the printed copy of the officers' reports he may learn what his town +government has done in the year past; from the printed warrant he may +see what is proposed to be done in the year coming. He who knows the +better way in any of the business is sure to receive a hearing. The +pockets of all being concerned, whatever is best and cheapest is +insured. Bribery, successful only in the dark, has little or no field in +the town meeting. + +Provision usually exists by which a town may dispose of any urgent +matters springing up for legislation in the course of the year: as a +rule a special town meeting may be called on petition of a small number +of citizens, commonly seven to eleven. + +In a study of the town meeting system of today, in "Harper's Monthly," +June, 1891, Henry Loomis Nelson brought out many convincing facts as to +its superiority over government by a town board. Where the cost for +public lighting in a New England town had been but $2,000, in a New York +town of the same size it had amounted to $11,000. The cities of +Worcester, Mass., and Syracuse, New York, each of about 80,000 +inhabitants, were compared, with the New England city in every respect +by far the more economically governed. Towns in New England are +uniformly superior to others in other parts of the country with regard +to the extent of sewers and paved streets. The aggregate of town debts +in New England is vastly less than the aggregate for a similar +population in the Middle States. The state constitutions of New England +commonly relate to fundamental principles, since each district may +protect itself by the town meeting; but outside New England, to assert +the rights of localities, state constitutions usually perforce embody +particulars. In their fire and police departments, and public school and +water supply systems, New England towns lead the rest of the country. +"The influence," says Mr. Nelson, "of the town meeting government upon +the physical character of the country, upon the highways and bridges, +and upon the appearance of the villages, is familiar to all who have +traveled through New England. The excellent roads, the stanch bridges, +the trim tree-shaded streets, the universal signs of thrift and of the +people's pride in the outward aspects of their villages, are too well +known to be dwelt upon." In every New England community many of the men +are qualified by experience to take charge of a public meeting and +conduct its proceedings with some regard to the forms observed in +parliamentary bodies. But elsewhere in the Union few of the citizens +have any knowledge of such forms and observances. "In New England there +is not a voter who may not, and very few voters who do not, actively +participate in the work of government. In the other parts of the country +hardly any one takes part in public affairs except the office-holder." + +John Fiske, in "Civil Government in the United States," (1890), says +that "the general tendency toward the spread of township government in +the more recently settled parts of the United States is unmistakable." +The first western state to adopt the town meeting system was Michigan; +but it now prevails in four-fifths of the counties of Illinois; in +one-sixth of Missouri, where it was begun in 1879; and in one-third of +the counties of Nebraska, which adopted it in 1883; while it has gone +much further in Minnesota and Dakota, in which states it has been law +since 1878 and 1883, respectively. + +"Within its proper sphere," says Fiske, "government by town meeting is +the form of government most effectively under watch and control. +Everything is done in the full daylight of publicity. The specific +objects for which public money is to be appropriated are discussed in +the presence of everybody, and any one who disapproves of any of these +objects, or of the way in which it is proposed to obtain it, has an +opportunity to declare his opinions." "The inhabitant of a New England +town is perpetually reminded that 'our government' is 'the people.' +Although he may think loosely about the government of his state or the +still more remote government at Washington, he is kept pretty close to +the facts where local affairs are concerned, and in this there is a +political training of no small value." + +The same writer notes in the New England towns a tendency to retain good +men in office, such as we have seen is the case in Switzerland. "The +annual election affords an easy means of dropping an unsatisfactory +officer. But in practice nothing has been more common than for the same +persons to be re-elected as selectmen or constables or town-clerks for +year after year, as long as they are willing or able to serve. The +notion that there is anything peculiarly American or democratic in what +is known as 'rotation in office' is therefore not sustained by the +practice of the New England town, which is the most complete democracy +in the world." In another feature is there resemblance to Swiss custom: +some of the town officials serve without pay and none receive +exorbitant salaries. + + +_The Referendum in States, Cities, Counties, Etc._ + +Few are aware of the advances which direct legislation has made in state +government in the United States. Many facts on this subject, collected +by Mr. Ellis P. Oberholtzer, were published in the "Annals of the +American Academy of Political and Social Science," November, 1891. +Condensed, this writer's statement is as follows: Constitutional +amendments now go to the people for a vote in every state except +Delaware. The significance of this fact, and the resemblance of this +vote to the Swiss Referendum, are seen when one considers the subject +matter of a state constitution. Nowadays, such a constitution usually +limits a legislature to a short biennial session and defines in detail +what laws the legislature may and may not pass. In fact, then, in +adopting a constitution once in ten or twenty years, the voters of a +state decide upon admissible legislation. Thus they themselves are the +real legislators. Among the matters once left entirely to legislatures, +but now commonly dealt with in constitutions, are the following: +Prohibiting or regulating the liquor traffic; prohibiting or chartering +lotteries; determining tax rates; founding and locating state schools +and other state institutions; establishing a legal rate of interest; +fixing the salaries of public officials; drawing up railroad and other +corporation regulations; and defining the relations of husbands and +wives, and of debtors and creditors. In line with all this is a +tendency to easy amendment. In nearly all the new states and in those +older ones which have recently revised their constitutions, the time in +which amendments may be effected is as a rule but half of that formerly +required. Where once the approval of two successive legislatures was +exacted, now the consent of one is considered sufficient. + +In fifteen states, until submitted to a popular vote, no law changing +the location of the capital is valid; in seven, no laws establishing +banking corporations; in eleven, no laws for the incurrence of debts +excepting such as are specified in the constitution, and no excess of +"casual deficits" beyond a stipulated sum; in several, no rate of +assessment exceeding a figure proportionate to the aggregate valuation +of the taxable property. Without the Referendum, Illinois cannot sell +its state canal; Minnesota cannot pay interest or principal of the +Minnesota railroad; North Carolina cannot extend the state credit to aid +any person or corporation, excepting to help certain railroads +unfinished in 1876. With the Referendum, Colorado may adopt woman +suffrage and create a debt for public buildings; Texas may fix a +location for a college for colored youth; Wyoming may decide on the +sites for its state university, insane asylum and penitentiary. + +Numerous important examples of the Referendum in local matters in the +United States, especially in the West, were found by Mr. Oberholtzer. +There are many county, city, township, and school district referendums. +Nineteen state constitutions guarantee to counties the right to fix by +vote of the citizens the location of the county seats. So also usually +of county lines, divisions of counties, and like matters. Several +western states leave it to a vote of the counties as to when they shall +adopt a township organization, with town meetings; several states permit +their cities to decide when they shall also be counties. As in the +state, there are debt and tax matters that may be passed on only by the +people of cities, boroughs, counties, or school districts. Without the +Referendum, no municipality in Pennsylvania may contract an aggregate +debt beyond 2 per cent of the assessed valuation of its taxable +property; no municipalities in certain other states may incur in any +year an indebtedness beyond their revenues; no local governments in the +new states of the West may raise any loans whatever; none in other +states may exceed certain limits in tax rates. With the Referendum, +certain Southern communities may make harbor improvements, and other +communities may extend the local credit to railroad, water +transportation, and similar corporations. The prohibition of the liquor +business in a city or county is often left to a popular vote; indeed, +"local option" is the commonest form of Referendum. In California any +city with more than 10,000 inhabitants may frame a charter for its own +government, which, however, must be approved by the legislature. Under +this law Stockton, San José, Los Angeles, and Oakland have acquired new +charters. In the state of Washington, cities of 20,000 may make their +own charters without the legislature having any power of veto. Largely, +then, such cities make their own laws. + +In fact, the vast United States seems to have seen as much of the +Referendum as little Switzerland. But the effect of the practice has +been largely lost in the great size of this country and in the loose and +unsystematized character of the institution as known here. + + * * * * * + +In the "American Commonwealth" of James Bryce, a member of Parliament, +there is a chapter entitled "Direct Legislation by the People." After +reciting many facts similar in character to those given by Mr. +Oberholtzer, Mr. Bryce inquires into the practical workings of direct +legislation. He finds what are to his mind some "obvious demerits." Of +these demerits, such as apply to details he develops in the course of +his statements of several cases of Referendum. In summing up, he further +points out what seem to him two objections to the principle. One is that +direct legislation "tends to lower the authority and sense of +responsibility of the legislature." But this is precisely the aim of +pure democracy, and from its point of view a merit of the first order. +The other objection is, "it refers matters needing much elucidation by +debate to the determination of those who cannot, on account of their +numbers, meet together for discussion, and many of whom may have never +thought about the matter." But why meet together for discussion? Mr. +Bryce here overlooks that this is the age of newspaper and telegraph, +and that through these sources the facts and much debate on any matter +of public interest may be forthcoming on demand. Mr. Bryce, however, +sees more advantages than demerits in direct legislation. Of the +advantages he remarks: "The improvement of the legislatures is just what +the Americans despair of, or, as they would prefer to say, have not time +to attend to. Hence they fall back on the Referendum as the best course +available under the circumstances of the case and in such a world as the +present. They do not claim that it has any great educative effect on the +people. But they remark with truth that the mass of the people are equal +in intelligence and character to the average state legislator, and are +exposed to fewer temptations. The legislator can be 'got at,' the people +cannot. The personal interest of the individual legislator in passing a +measure for chartering banks or spending the internal improvement fund +may be greater than his interest as one of the community in preventing +bad laws. It will be otherwise with the bulk of the citizens. The +legislator may be subjected by the advocates of women's suffrage or +liquor prohibition to a pressure irresistible by ordinary mortals; but +the citizens are too numerous to be all wheedled or threatened. Hence +they can and do reject proposals which the legislature has assented to. +Nor should it be forgotten that in a country where law depends for its +force on the consent of the governed, it is eminently desirable that law +should not outrun popular sentiment, but have the whole weight of the +people's deliverance behind it." + + +_The Initiative and Referendum in Labor Organizations._ + +The Referendum is well known to the Knights of Labor. For nine years +past expressions of opinion have been asked of the local assemblies by +the general executive board. The recent decision of the order to enter +upon independent political action was made by a vote in response to a +circular issued by the General Master Workman. The latter, at the annual +convention at Toledo, in November, 1891, recommended that the Referendum +form a part of the government machinery throughout the United States. +The Knights being in some respects a secret organization, data as to +referendary votings are not always made public. + +For the past decade or longer several of the national and international +trades-unions of America have had the Initiative and Referendum in +operation. Within the past five years the institution in various forms +has been taken up by other unions, and at present it is in more or less +practice in the following bodies, all associated with the American +Federation of Labor: + + No. of No. of Members, + National or International Union. Local Unions. December, 1891. + + Journeymen Bakers 81 17,500 + Brewery Workmen 61 9,500 + United Broth'h'd of Carpenters and Joiners 740 65,000 + Amalgamated Carpenters and Joiners 40 2,800 + Cigar-Makers 310 27,000 + Carriage and Wagon Makers 11 2,000 + Garment Workers 24 4,000 + Granite Cutters 75 20,000 + Tailors 170 17,000 + Typographical Union 290 28,000 + ------- + Total 192,800 + +Direct legislation has long been familiar to the members of the +International Cigar-Makers' Union. Today, amendments to its +constitution, the acts of its executives, and even the resolutions +passed at delegate conventions, are submitted to a vote by ballot in the +local unions. The nineteenth annual convention, held at Indianapolis, +September, 1891, provisionally adopted 114 amendments to the +constitution and 33 resolutions on various matters. Though some of the +latter were plainly perfunctory in character, all of these 147 +propositions were printed in full in the "Official Journal" for October, +and voted on in the 310 unions throughout America in November. The +Initiative is introduced in this international union through local +unions. When twenty of the latter have passed favorably on a measure, it +must be submitted to the entire body. An idea of the financial +transactions of the Cigar-Makers' International Union may be gathered +from its total expenditures in the past twelve years and a half. In all, +it has disbursed in that time $1,426,208. Strikes took $469,158; sick +benefits, $439,010; death benefits, $109,608; traveling benefits, +$372,455, and out of work benefits, $35,795. The advance of the +Referendum in this great union has been very gradual. It began in 1877 +with voting on constitutional amendments. The most recent, and perhaps +last possible, step was to transfer the election of the general +executive board from the annual convention to the entire body. + +The United Garment Workers of America practice direct legislation under +Article 24 of their constitution, which is printed under the caption, +"Referendum and Initiative." It prescribes two methods of Initiative. +One is that three or more local unions, if of different states, may +instruct the general secretary to call for a referendary vote in the +unions of the national organization. The other is that the general +executive board must so submit all questions of general importance. The +general secretary issues the call within two weeks after the petition +for a vote reaches him, and the vote is taken within six months +afterward. Eighteen propositions passed by the annual convention of this +union at Boston, in November, 1891, were submitted to a vote of the +local unions in December. + +In 1890, the local unions of the International Typographical Union, then +numbering nearly 290, voted on twenty-five propositions submitted from +the annual convention. In 1891, fourteen propositions were submitted. Of +the latter, one authorized the formation of unions of editors and +reporters; another directed the payments to the President to be a salary +of $1,400, actual railroad fares by the shortest possible routes, and $3 +a day for hotel expenses; another rescinded a six months' exemption from +a per capita tax for newly formed unions; another provided for a funeral +benefit of $50 on the death of a member; by another an assessment of ten +cents a month was levied for the home for superannuated and disabled +union printers. All fourteen were adopted, the majorities, however, +varying from 558 to 8,758. + + +_Is Complete Direct Legislation in Government Practicable?_ + +The conservative citizen, contented with the existing state of things, +is wont to brush aside proposed innovations in government. To do so he +avails himself of a familiar stock of objections. But have they not all +their answer in the facts thus far brought forth in these chapters? Will +he entertain no "crazy theories"? Here is offered practice, proven in +varied and innumerable tests to be thoroughly feasible. He is opposed to +foreign institutions? Here is a time-honored American institution. He +holds that men cannot be made better by law? Here are facts to show that +with change of law justice has been promoted. He deems democracy +feebleness? Here has been shown its stalwart strength. He is sure +workingmen are incapable of managing large affairs? Let him look to the +cigar-makers--their capacity for organization, their self-restraint as +an industrial army, the soundness of their financial system, the mastery +of their employers in the eight-hour question. He believes the +intricacies of taxation and estimates of appropriation beyond the +average mind? He may see a New England town meeting in a single day +dispose of scores of items and, with each settled to a nicety, vote away +fifty thousand dollars. He fears state legislation, by reason of its +complexity, would prove a puzzle to the ordinary voter? Why, then, are +the more vexatious subjects so often shifted by the legislators to the +people? + +The conservative objector is, first, apt to object before fully +examining what he dissents from, and, secondly, prone to have in mind +ideal conditions with which to compare the new methods commended to him. +In the matter of legislation, he dreams of a body of high-minded +lawgivers, just, wise, unselfish, and not of legislators as they +commonly are. He forgets that Congress and the legislatures have each a +permanent lobby, buying privileges for corporations, and otherwise +influencing and corrupting members. He forgets the party caucus, at +which the individual member is swamped in the majority; the "strikers," +members employing their powers in blackmail; the Black Horse Cavalry, a +combination of members in state legislatures formed to enrich themselves +by plunder through passing or killing bills. He forgets the scandalous +jobs put through to reward political workers; the long lists of doubtful +or vicious bills reviewed in the press after each session of every +legislative body; the pamphlets issued by reform bodies in which perhaps +three-fourths of a legislature is named as untrustworthy, and the price +of many of the members given. The City Reform Club of New York published +in 1887: "As with the city's representatives of 1886, the chief objects +of most of the New York members were to make money in the 'legislative +business,' to advance their own political fortunes, and to promote the +interests of their factions." And where is the state legislature of +which much the same things cannot be said? + +The conservative objector may not know how the most important bills are +often passed in Congress. He may not know that until toward the close +of a session the business of Congress is political in the party sense +rather than in the governing sense; that on the floor the play is +usually conducted for effect on the public; that in committees, measures +into which politics enter are made up either on compromise or for +partisan purposes; that, finally, in the last days of a session, the +work of legislation is a scramble. The second day before the adjournment +of the last Congress was thus described in a New York daily paper: +"Congress has been working like a gigantic threshing machine all day +long, and at this hour there is every prospect of an all-night session +of both houses. Helter-skelter, pell-mell, the 'unfinished business' has +been poured into the big hopper, and in less time than it takes to tell +it, it has come out at the other end completed legislation, lacking only +the President's signature to fit it for the statute books. Public bills +providing for the necessary expenses of the government, private bills +galore having as their beneficiaries favored individuals, jobbery in the +way of unnecessary public buildings, railroad charters, and bridge +construction--all have been rushed through at lightning speed, and the +end is not yet. A majority of the House members, desperate because their +power and influence terminate with the end of this brief session, and a +partisan Speaker, whose autocratic rule will prevail but thirty-six +short hours longer, have left nothing unattempted whereby party friends +and protégés might be benefited. It is safe to say that aside from a +half dozen measures of real importance and genuine merit the country +would be no worse off should every other bill not yet acted upon fail of +passage. Certain it is that large sums of money would be saved to the +Government." And what observer does not know that scenes not unlike this +are repeated in almost every legislature in its closing hours? + +As between such manner of even national legislation on the one hand, and +on the other the entire citizenship voting (as soon would be the fact +under direct legislation) on but what properly should be law--and on +principles, on policies, and on aggregates in appropriations--would +there be reason for the country to hesitate in choosing? + +Among the plainest signs of the times in America is the popular distrust +of legislators. The citizens are gradually and surely resuming the +lawmaking and money-spending power unwisely delegated in the past to +bodies whose custom it is to abuse the trust. "Government" has come to +mean a body of representatives with interests as often as not opposed to +those of the great mass of electors. Were legislation direct, the circle +of its functions would speedily be narrowed; certainly they would never +pass legitimate bounds at the urgency of a class interested in enlarging +its own powers and in increasing the volume of public outlay. Were +legislation direct, the sphere of every citizen would be enlarged; each +would consequently acquire education in his rôle, and develop a lively +interest in the public affairs in part under his own management. And +what so-called public business can be right in principle, or expedient +in policy, on which the American voter may not pass in person? To reject +his authority in politics is to compel him to abdicate his sovereignty. +That done, the door is open to pillage of the treasury, to bribery of +the representative, and to endless interference with the liberties of +the individual. + + + + +THE WAY OPEN TO PEACEFUL REVOLUTION. + + +What I set out in the first chapter to do seems to me done. I essayed to +show how the political "machine," its "ring," "boss," and "heeler," +might be abolished, and how, consequently, the American plutocracy might +be destroyed, and government simplified and contracted to the field of +its natural operations. These ends achieved, a social revolution would +be accomplished--a revolution without loss of a single life or +destruction of a dollar's worth of property. + +Whoever has read the foregoing chapters has seen these facts +established: + +(1) That much in proportion as the whole body of citizens take upon +themselves the direction of public affairs, the possibilities for +political and social parasitism disappear. The "machine" becomes without +effective uses, the trade of the politician is rendered undesirable, and +the privileges of the monopolist are withdrawn. + +(2) That through the fundamental principles of democracy in +practice--the Initiative and the Referendum--great bodies of people, +with the agency of central committees, may formulate all necessary law +and direct its execution. + +(3) That the difference between a representative government and a +democracy is radical. The difference lies in the location of the +sovereignty of society. The citizens who assign the lawmaking power to +officials surrender in a body their collective sovereignty. That +sovereignty is then habitually employed by the lawgivers to their own +advantage and to that of a twin governing class, the rich, and to the +detriment of the citizenship in general and especially the poor. But +when the sovereignty rests permanently with the citizenship, there +evolves a government differing essentially from representative +government. It is that of mere stewardship and the regulation +indispensable to society. + + +_The Social Forces Ready for Our Methods._ + +Now that our theory of social reform is fully substantiated by fact, our +methods shown to be in harmony with popular sentiment, our idea of +democratic government clearly defined, and our final aim political +justice, there remains some consideration of early possible practical +steps in line with these principles and of the probable trend of events +afterward. + +Having practical work in view, we may first take some account of the +principal social forces which may be rallied in support of our +methods:-- + +To begin with: Sincere men who have abandoned hope of legislative reform +may be called to renewed effort. Many such men have come to regard +politics as inseparable from corruption. They have witnessed the +tediousness and unprofitableness of seeking relief through legislators, +and time and again have they seen the very officials elected to bring +about reforms go over to the powers that exploit the masses. They have +seen in the course of time the tricks of partisan legislators almost +invariably win as against the wishes of the masses. They know that in +politics there is little study of the public needs, but merely a +practice of the ignoble arts of the professional politician. Here, +however, the proposed social reorganization depends, not on +representatives, but on the citizens themselves; and the means by which +the citizens may fully carry out their purposes have been developed. A +fact, too, of prime importance: Where heretofore in many localities the +people have temporarily overthrown politician and plutocrat, only to be +themselves defeated in the end, every point gained by the masses in +direct legislation may be held permanently. + +Further: Repeatedly, of late years, new parties have risen to demand +justice in government and improvement in the economic situation. One +such movement defeated but makes way for another. Proof, this, that the +spirit of true reform is virile and the heart of the nation pure. The +progress made, in numbers and organization, before the seeds of decay +were sown in the United Labor party, the Union Labor party, the +Greenback-Labor party, the People's party of 1884, and various +third-party movements, testify to the readiness of earnest thousands to +respond, even on the slightest promise of victory, to the call for +radical reform. That in such movements the masses are incorruptible is +shown in the fact that in every instance one of the chief causes of +failure has been doubt in the integrity of leaders given to machine +methods. But in direct legislation, machine leaders profit nothing for +themselves, hold no reins of party, can sell no votes, and can command +no rewards for workers. + +Again: The vast organizations of the Knights of Labor and the +trades-unions in the American Federation of Labor are evidence of the +willingness and ability of wage-earners to cope practically with +national problems. And at this point is to be observed a fact of capital +significance to advocates of pure democracy. Whereas, in independent +political movements, sooner or later a footing has been obtained by a +machine, resulting in disintegration, in the trades organization, while +political methods may occasionally corrupt leaders, the politician labor +leader uniformly finds his fellow workmen turning their backs on him. +The organized workers not only distrust the politician but detest +political chicanery. Such would equally be the case did the wage-workers +carry into the political field the direct power they exert in their +unions. And in politics this never-failing, incorruptible power of the +whole mass of organized wage-workers may be exerted by direct +legislation. Therewith may be had politics without politicians. As +direct legislation advances, the machine must retire. + +Here, then, with immediate results in prospect from political action, +lies encouragement of the highest degree--alike to the organized +workers, to the men grown hopeless of political reform, and to the men +in active rebellion against the two great machine ridden parties. + +Encouragement founded on reason is an inestimable practical result. +Here, not only may rational hope for true reform be inspired; a lively +certainty, based on ascertained fact, may be felt. All men of experience +who have read these pages will have seen confirmed something of their +own observations in direct legislation, and will have accepted as +plainly logical sequences the developments of the institution in +Switzerland. The New Englander will have learned how the purifying +principles of his town meeting have been made capable of extension. The +member of a labor organization will have observed how the simple +democracy of his union or assembly may be transferred to the State. The +"local optionist" will have recognized, working in broader and more +varied fields, a well tried and satisfactory instrument. The college man +will have recalled the fact that wherever has gone the Greek letter +fraternity, there, in each society as a whole, and in each chapter with +respect to every special act, have gone the Initiative and the +Referendum. And every member of any body of equal associates must +perceive that the first, natural circumstance to the continued existence +of that body in its integrity must be that each individual may propose a +measure and that the majority may accept or reject it; and this is the +simple principle of direct legislation. Moreover, any mature man, east +or west, in any locality, may recall how within his experience a +community's vote has satisfactorily put vexatious questions at rest. +With the recognition of every such fact, hope will rise and faith in the +proposed methods be made more firm. + + +_Abolition of the Lawmaking Monopoly._ + +To radical reformers further encouragement must come with continued +reflection on the importance to them of direct legislation. In general, +such reformers have failed to recognize that, before any project of +social reconstruction can be followed out to the end, there stands a +question antecedent to every other. It is the abolition of the lawmaking +monopoly. Until that monopoly is ended, no law favorable to the masses +can be secure. Direct legislation would destroy this parent of +monopolies. It gone, then would follow the chiefer evils of governmental +mechanism--class rule, ring rule, extravagance, jobbery, nepotism, the +spoils system, every jot of the professional trading politician's +influence. To effect these ends, all schools of political reformers +might unite. For immediate purposes, help might come even from that host +of conservatives who believe all will be well if officials are honest. +Direct majority rule attained, inviting opportunities for radical work +would soon lie open. How, may readily be seen. + +The New England town collects its own taxes; it manages its local +schools, roads, bridges, police, public lighting and water supply. In +similar affairs the Swiss commune is autonomous. On the Pacific coast a +tendency is to accord to places of 10,000 or 20,000 inhabitants their +own charters. Throughout the country, in many instances, towns and +counties settle for themselves questions of prohibition, license, and +assessments; questions of help to corporations and of local public +improvement. Thus in measure as the Referendum comes into play does the +circumscription practicing it become a complete community. In other +words, with direct legislation rises local self-government. + + +_The Principles of Local Self-Government._ + +From even the conservative point of view, local self-government has many +advantages. In this country, the glaring evils of the State, especially +those forming obstacles to political improvement and social progress, +come down from sources above the people. Under the existing +centralization whole communities may protest against governmental +abuses, be practically a unit in opposition to them, and yet be +hopelessly subject to them. Such centralization is despotism. It forms +as well the opportunity for the demagogue of to-day--for him who as +suppliant for votes is a wheedler and as politician and lawgiver a +trickster. Centralization confuses the voter, baffles the honest +newspaper, foments partisanship, and cheats the masses of their will. On +the other hand, to the extent that local independence is acquired, a +democratic community minimizes every such evil. In naturally guarding +itself against external interference, it seeks in its connection with +other communities the least common political bonds. It is watchful of +the home rule principle. Under its local self-government, government +plainly becomes no more than the management of what are wholly public +interests. The justice of lopping off from government all matters not +the common affairs of the citizens then becomes apparent. The character +of every man in the community being known, public duties are intrusted +with men who truly represent the citizens. The mere demagogue is soon +well known. Bribery becomes treachery to one's neighbor. The folly of +partisanship is seen. Public issues, usually relating to but local +matters, are for the most part plain questions. The press, no longer +absorbed in vague, far-off politics, aids, not the politicians, but the +citizens. Reasons, every one of these, for even the conservative to aid +in establishing local self-government. + +But the radical, looking further than the conservative, will see far +greater opportunities. In local self-government with direct legislation, +every possibility for his success that hope can suggest may be +perceived. If not in one locality, then in another, whatever political +projects are attainable within such limits by his school of philosophy +may be converted by him and his co-workers from theory to fact. Thence +on, if his philosophy is practicable, the field should naturally widen. + +The political philosophy I would urge on my fellow-citizens is summed up +in the neglected fundamental principle of this republic: Freedom and +equal rights. The true point of view from which to see the need of the +application of this principle is from the position of the unemployed, +propertyless wage-worker. How local self-government and direct +legislation might promptly invest this slave of society with his primary +rights, and pave the way for further rights, may, step by step, be +traced. + + +_The Relation of Wages to Political Conditions._ + +The wages scale pivots on the strike. The employer's order for a +reduction is his strike; to be effective, a reserve of the unemployed +must be at his command. The wage-worker's demand for an increase is his +strike; to be effective it must be backed up by the indispensableness of +his services to the employer. Accordingly as the worker forces up the +scale of wages, he is the more free, independent, and gainer of his +product. To show the most direct way to the conditions in which workers +may command steady work and raise their wages, this book is written. For +the wages question equitably settled, the foundation for every remaining +social reform is laid. + +To-day, in the United States, in scores, nay, hundreds, of industrial +communities the wage-working class is in the majority. The wage-workers +commonly believe, what is true, that they are the victims of injustice. +As yet, however, no project for restoring their rights has been +successful. All the radical means suggested have been beyond their +reach. But in so far as a single community may exercise equal rights +and self-government, through these means it may approximate to just +social arrangements. + +Any American city of 50,000 inhabitants may be taken as illustrative of +all American industrial communities. In such a city, the economical and +political conditions are typical. The immediate commercial interests of +the buyers of labor, the employers, are opposed to those of the sellers +of labor, the employed. To control the price of labor, each of these +parties in the labor market resorts to whatever measures it finds within +command. The employers in many branches of industry actually, and +employers in general tacitly, combine against the labor organizations. +On the wage-workers' side, these organizations are the sole means, +except a few well-nigh futile laws, yet developed to raise wages and +shorten the work day. In case of a strike, the employers, to assist the +police in intimidating the strikers, may engage a force of armed +so-called detectives. Simply, perhaps, for inviting non-unionists to +cease work, the strikers are subject to imprisonment. Trial for +conspiracy may follow arrest, the judges allied by class interests with +the employers. The newspapers, careful not to offend advertisers, and +looking to the well-to-do for the mass of their readers, may be inclined +to exert an influence against the strikers. The solidarity of the +wage-workers incomplete, even many of these may regard the fate of the +strikers with indifference. In such situation, a strike of the +wage-workers may be made to appear to all except those closely +concerned as an assault on the bulwarks of society. + +But what are the bulwarks of society directly arrayed against striking +wage-workers? They are a ring of employers, a ring of officials +enforcing class law made by compliant representatives at the bidding of +shrewd employers, and a ring of public sentiment makers--largely +professional men whose hopes lie with wealthy patrons. Behind these +outer barriers, and seldom affected by even widespread strikes, lies the +citadel in which dwell the monopolists. + +Such, in outline, are the intermingled political and economic conditions +common to all American industrial centres. But above every other fact, +one salient fact appears: On the wage-workers falls the burthen of class +law. On what, then, depends the wiping out of such law? Certainly on +nothing else so much as on the force of the wage-workers themselves. To +deprive their opponents of unjust legal advantages, and to invest +themselves with just rights of which they have been deprived, is a task, +outside their labor organizations, to be accomplished mainly by the +wage-workers. It is their task as citizens--their political task. With +direct legislation and local self-government, it is, in considerable +degree, a feasible, even an easy, task. The labor organizations might +supply the framework for a political party, as was done in New York city +in 1886. Then, as was the case in that campaign, when the labor party +polled 68,000 votes, even non-unionists might throw in the reinforcement +of their otherwise hurtful strength. Success once in sight, the +organized wage-workers would surely find citizens of other classes +helping to swell their vote. And in the straightforward politics of +direct legislation, the labor leaders who command the respect of their +fellows might, without danger to their character and influence, go +boldly to the front. + + +_The Wage-Workers as a Political Majority._ + +Suppose that as far as possible our industrial city of 50,000 +inhabitants should exercise self-government with direct legislation. +Various classes seeking to reform common abuses, certain general reforms +would immediately ensue. If the city should do what the Swiss have done, +it would speedily rid its administration of unnecessary office-holders, +reduce the salaries of its higher officials, and rescind outstanding +franchise privileges. If the municipality should have power to determine +its own methods of taxation, as is now in some respects the case in +Massachusetts towns, and toward which end a movement has begun in New +York, it would probably imitate the Swiss in progressively taxing the +higher-priced real estate, inheritances, and incomes. If the +wage-workers, a majority in a direct vote, should demand in all public +work the short hour day, they would get it, perhaps, as in the Rockland +town meeting, without question. Further, the wage-workers might vote +anti-Pinkerton ordinances, compel during strikes the neutrality of the +police, and place judges from their own ranks in at least the local +courts. These tasks partly under way, a change in prevailing social +ideas would pass over the community. The press, echo, not of the widest +spread sentiments, but of controlling public opinion, would open its +columns to the wage-working class come to power. And, as is ever so when +the wage-workers are aggressive and probably may be dominant, the social +question would burn. + + +_The Entire Span of Equal Rights._ + +The social question uppermost, the wage-workers--now in political +ascendency, and bent on getting the full product of their labor--would +seek further to improve their vantage ground. Sooner or later they would +inevitably make issue of the most urgent, the most persistent, economic +evil, local as well as general, the inequality of rights in the land. +They would affirm that, were the land of the community in use suitable +to the general needs, the unemployed would find work and the total of +production be largely increased. They would point to the vacant lots in +and about the city, held on speculation, commonly in American cities +covering a greater area than the land improved, and denounce so unjust a +system of land tenure. They could demonstrate that the price of the land +represented for the most part but the power of the owners to wring from +the producers of the city, merely for space on which to live and work, a +considerable portion of their product. They could with reason declare +that the withholding from use of the vacant land of the locality was +the main cause of local poverty. And they would demand that legal +advantages in the local vacant lands should forthwith cease. + +In bringing to an end the local land monopoly, however, justice could be +done the landholders. Unquestionably the fairest measure to them, and at +the same time the most direct method of giving to city producers, if not +free access to land, the next practicable thing to it, would be for the +municipality to convert a part of the local vacant land into public +property, and to open it in suitable plots to such citizens as should +become occupiers. Sufficient land for this purpose might be acquired +through eminent domain. The purchase money could be forthcoming from +several sources--from progressive taxation in the direct forms already +mentioned, from the city's income from franchises, and from the savings +over the wastes of administration under present methods. + +From the standpoint of equal rights there need be no difficulty in +meeting the arguments certain to be brought against this proposed +course--such sophistical arguments as that it is not the business of a +government to take property from some citizens to give to others. If the +unemployed, propertyless wage-worker has a right to live, he has the +right to sustain life. To sustain life independently of other men's +permission, access to natural resources is essential. This primary right +being denied the wage-workers as a class, any or all of whom, if +unemployed, might soon be propertyless, they might in justice proceed to +enforce it. To enforce it by means involving so little friction as +those here proposed ought to win, not opposition, but approval. + +Equal rights once conceded as just, this reasoning cannot be refuted. +Discussed in economic literature since before the day of Adam Smith, it +has withstood every form of assault. If it has not been acted on in the +Old World, it is because the wage-workers there, ignorant and in general +deprived of the right to vote, have been helpless; and if not in the +New, because, first, until within recent years the free western lands, +attracting the unemployed and helping to maintain wages, in a measure +gave labor access to nature, and, secondly, since the practical +exhaustion of the free public domain the industrial wage-workers have +not perceived how, through politics, to carry out their convictions on +the land question. + +Our reasoning is further strengthened by law and custom in state and +nation. In nearly every state, the constitution declares that the +original and ultimate ownership of the land lies with all its people; +and hence the method of administering the land is at all times an open +public question. As to the nation at large, its settled policy and +long-continued custom support the principle that all citizens have +inalienable rights in the land. Instead of selling the national domain +in quantities to suit purchasers, the government has held it open free +to agricultural laborers, literally millions of men being thus given +access to the soil. Moreover, in thirty-seven of the forty-four states, +execution for debt cannot entirely deprive a man of his homestead, the +value exempt in many of the states being thousands of dollars. Thus the +general welfare has dictated the building up and the securing of a home +for every laboring citizen. + +In line, then, with established American principles is the proposition +for municipal lands. And if municipalities have extended to capitalists +privileges of many kinds, even granting them gratis sites for +manufactories, and for terms of years exempting such real estate from +taxation, why not accord to the wage-workers at least their primary +natural rights? If any property be exempted from taxation, why not the +homesite below a certain fixed value? And if, for the public benefit, +municipalities provide parks, museums, and libraries, why not give each +producer a homesite--a footing on the earth? He who has not this is +deprived of the first right to do that by which he must live, namely, +labor. + + +_Effects of Municipal Land._ + +A city public domain, open to citizen occupiers under just stipulations, +would in several directions have far-reaching results. + +Should this domain be occupied by, say, one thousand families of a +population of 50,000, an immediate result, affecting the whole city, +would be a fall in rents. In fact, the mere existence of the public +domain, with a probability that his tenants would remove to it, might +cause a landlord to reduce his rents. Besides, the value of all land, +in the city and about it, held on speculation, would fall. Save in +instances of particular advantage, the price of unimproved residence +lots would gravitate toward the cost, all things considered, of +residence lots in the public domain. This, for these reasons: The corner +in land would be broken. Home builders would pay a private owner no more +for a lot than the cost of a similar one in the public area. As houses +went up on the public domain, the chances of landholders to sell to +builders would be diminished. Sellers of land, besides competing with +the public land, would then compete with increased activity with one +another. Finally, just taxation of their land, valueless as a +speculation, would oblige landowners to sell it or to put it to good +use. + +Even should the growth of the city be rapid, the value of land in +private hands could in general advance but little, if at all. With the +actual demands of an increased population, the public domain might from +time to time be enlarged; but not, it may reasonably be assumed, at a +rate that would give rise to an upward tendency of prices in the face of +the above-mentioned factors contributing to a downward tendency. + +At this point it may be well to remember that, conditions of land +purchase by the city being subject to the Referendum, the buying could +hardly be accompanied by corrupt bargaining. + +When the effect of the public land in depressing land values, in other +words in enabling producers to retain the more of their product, was +seen, private as well as public agencies might aid in enlarging the +scope of that effect. The philanthropic might transfer land to the +municipality, preferring to help restore just social conditions rather +than to aid in charities that leave the world with more poor than ever; +the city might provide for a gradual conversion, in the course of time, +of all the land within its limits to public control, first selecting, +with the end in view, tracts of little market value, which, open to +occupiers, would assist in keeping down the value of lands held +privately. + +But the more striking results of city public land would lie in another +direction. The spontaneous efforts of each individual to increase and to +secure the product of his labor would turn the current of production +away from the monopolists and toward the producers. With a lot in the +public domain, a wage-worker might soon live in his own cottage. As the +settler often did in the West, to acquire a home he might first build +two or four rooms as the rear, and, living in it, with later savings put +up the front. A house and a vegetable garden, with the increased +consequent thrift rarely in such situation lacking, would add a large +fraction to his year's earnings. Pasture for a cow in suburban city land +would add yet more. Then would this wage-earner, now his own landlord +and in part a direct producer from the soil, withdraw his children from +the labor market, where they compete for work perhaps with himself, and +send them on to school. + +What would now happen should the wage-workers of the city demand higher +wages? It is hardly to be supposed that any industrial centre could +reach the stage of radical reform contemplated at this point much in +advance of others. When the labor organizations throughout the country +take hold of direct legislation, and taste of its successes, they will +nowhere halt. They will no more hesitate than does a conquering army. +Learning what has been done in Switzerland, they will go the lengths of +the Swiss radicals and, with more elbow room, further. Hence, when in +one industrial centre the governing workers should seek better terms, +similar demands from fellow laborers, as able to enforce them, would be +heard elsewhere. + +The employer of our typical city, even now often unable to find outside +the unions the unemployed labor he must have, would then, should he +attempt it, to a certainty fail. The thrifty wage-working householder, +today a tenant fearful of loss of work, could then strike and stay out. +The situation would resemble that in the West twenty years ago, when +open land made the laborer his own master and wages double what they are +now. Wages, then, would perforce be moved upward, and hours be +shortened, and a long step be made toward that state of things in which +two employers offer work to one employé. And, legal and social forces no +longer irresistibly opposed to the wage-workers, thenceforth wages would +advance. At every stage they would tend to the maximum possible under +the improved conditions. In the end, under fully equal conditions, +everywhere, for all classes, the producer would gather to himself the +full product of his labor. + +The average business man, too, of the city of our illustration, himself +a producer--that is, a help to the consumer--would under the better +conditions reap new opportunities. Far less than now would he fear +failure through bad debts and hard times; through the wage-workers' +larger earnings, he would obtain a larger volume of trade; he would +otherwise naturally share in the generally increased production; and he +would participate in the common benefits from the better local +government. + +But the disappearance of the local monopolist would be predestined. The +owner of local franchises would already have gone. The local land +monopolist would have seen his land values diminished. In every such +case, the monopolist's loss would be the producer's gain. The aggregate +annual earnings of all the city's producers (the wage-workers, the +land-workers, and the men in productive business) would rise toward +their natural just aggregate--all production. As between the various +classes within the city, a condition approximating to justice in +political and economic arrangements would now prevail. + +What would thus be likely to happen in our typical city of 50,000 +inhabitants would also, in greater or less degree, be possible in all +industrial towns and cities. In every such place, self-government and +direct legislation could solve the more pressing immediate phases of the +labor question and create the local conditions favorable to remodeling, +and as far as possible abolishing, the superstructure of government. + + +_Wider Applications of These Principles and Methods._ + +The political and economic arrangements extending beyond the control of +the municipalities would now, if they had not done so before, challenge +attention. In taking up with reform in this wider field, the industrial +wage-workers would come in contact with those farmers who are demanding +radical reforms in state and nation. As the sure instrument for the +citizenship of a state, direct legislation could again with confidence +be employed. No serious opposition, in fact or reason, could be brought +against it. That the mass of voters might prove too unwieldy for the +method would be an assertion to be instantly refuted by Swiss +statistics. In Zurich, the most radically democratic canton of +Switzerland, the people number 339,000; the voters, 80,000. In Berne, +which has the obligatory Referendum, the population is 539,000. And it +must not be overlooked that the entire Swiss Confederation, with 600,000 +voters, now has both Initiative and Referendum. Hence, in any state of +the Union, direct legislation on general affairs may be regarded as +immediately practicable, while in many of the smaller states the +obligatory Referendum may be applied to particulars. And even in the +most populous states, when special legislation should be cast aside, and +local legislation left to the localities affected, complete direct +legislation need be no more unmanageable than in the smallest. + +United farmers, wage-workers, and other classes of citizens, in the +light of these facts, might naturally demand direct legislation. +Foreseeing that in time such union will be inevitable, what more natural +for the producing classes in revolt than to unite today in voting, if +not for other propositions, at least for direct legislation and home +rule? These forces combined in any state, it seems improbable that +certain political and economic measures now supported by farmer and +wage-worker alike could long fail to become law. Already, under the +principle that "rights should be equal to all and special privileges be +had by none," farmers' and wage-workers' parties are making the +following demands: That taxation be not used to build up one interest or +class at the expense of another; that the public revenues be no more +than necessary for government expenditures; that the agencies of +transportation and communication be operated at the lowest cost of +service; that no privileges in banking be permitted; that woman have the +vote wherever justice gives it to man; that no force of police, +marshals, or militiamen not commissioned by their home authorities be +permitted anywhere to be employed; that monopoly in every form be +abolished and the personal rights of every individual respected. These +demands are all in agreement with the spirit of freedom. Along the lines +they mark out, the future successes of the radical social reformers will +most probably come. But if, in response to a call nowadays frequently +heard, the many incipient parties should decide to unite on one or a few +things, is it not clear that in natural order the first reforms needed +are direct legislation and local self-government? + +To a party logically following the principle of equal rights, the +progress in Switzerland under direct legislation would form an +invaluable guide. The Swiss methods of controlling the railroads and +banks of issue, and of operating the telegraph and telephone services, +deserve study and, to the extent that our institutions admit, imitation. +The organization of the Swiss State and its subdivisions is simple and +natural. The success of their executive councils may in this country +assist in raising up the power of the people as against one man power. +The fact that the cantons have no senates and that a second chamber is +an obstacle to direct legislation may here hasten the abolition of these +nurseries of aristocracy. + +With the advance of progress under direct legislation, attention would +doubtless be attracted in the United States, as it has been in +Switzerland, to the nicer shades of justice to minorities and to the +broader fields of internal improvement. As in the cantons of Ticino and +Neuchâtel, our legislative bodies might be opened to minority +representatives. As in the Swiss Confederation, the great forests might +be declared forever the inheritance of the nation. What public lands yet +remain in each state might be withheld from private ownership except on +occupancy and use, and the area might be so increased as to enable +every producer desiring it to exercise the natural right of free access +to the soil. Then the right to labor, now being demanded through the +Initiative by the Swiss workingmen's party, might here be made an +admitted fact. And as is now also being done in Switzerland, the public +control might be extended to water powers and similar resources of +nature. + +Thus in state and nation might practicable radical reforms make their +way. From the beginning, as has been seen, benefits would be widespread. +It might not be long before the most crying social evils were at an end. +Progressive taxation and abolition of monopoly privileges would cause +the great private fortunes of the country to melt away, to add to the +producers' earnings. On a part of the soil being made free of access, +the land-hungry would withdraw from the cities, relieving the +overstocked labor markets. Poverty of the able-bodied willing to work +might soon be even more rare than in this country half a century ago, +since methods of production at that time were comparatively primitive +and the free land only in the West. If Switzerland, small in area, +naturally a poor country, and with a dense population, has gone far +toward banishing pauperism and plutocracy, what wealth for all might not +be reckoned in America, so fertile, so broad, so sparsely populated! + +And thus the stages are before us in the course of which the coming just +society may gradually be established--that society in which the +individual shall attain his highest liberty and development, and +consequently his greatest happiness. As lovers of freedom even now +foresee, in that perfect society each man will be master of himself; +each will act on his own initiative and control the full product of his +toil. In that society, the producer's product will not, as now, be +diminished by interest, unearned profits, or monopoly rent of natural +resources. Interest will tend to disappear because the products of labor +in the hands of every producer will be abundant--so abundant that, +instead of a borrower paying interest for a loan, a lender may at times +pay, as for an accommodation, for having his products preserved. +Unearned profits will tend to disappear because, no monopolies being in +private hands, and free industry promoting voluntary coöperation, few +opportunities will exist for such profits. Monopoly rent will disappear +because, the natural right to labor on the resources of nature made a +legal right, no man will be able to exact from another a toll for leave +to labor. Whatever rent may arise from differences in the qualities of +natural resources will be made a community fund, perhaps to be +substituted for taxes or to be divided among the producers. + +The natural political bond in such a society is plain. Wherein he +interferes with no other man, every individual possessing faculty will +be regarded as his own supreme sovereign. Free, because land is free, +when he joins a community he will enter into social relations with its +citizens by contract. He will legislate (form contracts) with the rest +of his immediate community in person. Every community, in all that +relates peculiarly to itself, will be self-governing. Where one +community shall have natural political bonds with another, or in any +respect form with several others a greater community, the +circumscription affected will legislate through central committees and a +direct vote of the citizenship. Executives and other officials will be +but stewards. In a society so constituted, communities that reject the +elements of political success will languish; free men will leave them. +The communities that accept the elements of success, becoming examples +through their prosperity, will be imitated; and thus the momentum of +progress will be increased. Communities free, state boundaries as now +known will be wiped out; and in the true light of rights in voting--the +rights of associates in a contract to express their choice--few +questions will affect wide territories. Rarely will any question be, in +the sense the word is now used, national; the ballot-box may never unite +the citizens of the Atlantic coast with those of the Pacific. Yet, in +this decomposition of the State into its natural units--in this +resolving of society into its constituent elements--may be laid the sole +true, natural, lasting basis of the universal republic, the primary +principle of which can be no other thing than freedom. + + + + +INDEX. + + +=A= + +Aargau, 12, 13 + +Abolition of the lawmaking monopoly, 100 + +"A Concept of Political Justice", i + +Adams, Sir Francis Ottiwell ("The Swiss Confederation"), iii + +Alcohol, State monopoly, Switzerland, 59 + +Appenzell, 8, 13, 65 + +Area of Switzerland, 14, 48 + +"Arena", 27 + +Army, a democratic, 41, 42 + +Assembly, Federal, Switzerland, 22, 35 + + +=B= + +Bâle, 12, 13, 61 + +Banking, Switzerland, 54 + +Berne, 10, 12, 13, 61, 115 + +Bryce, James, "American Commonwealth", 85 + +Bürkli, Carl, 16 + + +=C= + +Canton, organization of the, 34 + +Cantons (states), names of the twenty-two, 13 + +Cigar-Makers' Union, 87, 88 + +Climate, Switzerland, 48 + +Communal lands, 63, 70 + +Communal meeting, the, 7, 32, 33 + subjects covered at, 8 + organization, 32 + +Communes (townships) 2,706 in number, 7 + +Congress (Federal Assembly), Switzerland, 22, 35 + +Congress, United States, at work, 92 + +Considérant, Victor, 16 + +Constitutions, revision of Swiss, 23 + spirit of Swiss, 31 + + +=D= + +Dates--First Swiss Constitution, 14 + Federal Referendum began, 14 + Federal Initiative adopted, 14 + cantonal Referendum began, 14 + progress of cantonal Referendum, 15 + French theorists' discussion of Referendum, 14 + cantonal Referendum established in Zurich, 16 + New England town meeting, 80 + +Debts, public, Switzerland, 57 + +Democracy vs. representative government, 5 + +Dicey, A.V., 28 + +Diet, 10, 37 + +Droz, Numa, 19 + + +=E= + +Elections, semi-annual, 20 + +Environment of the Swiss citizen, 31 + +Equal rights, 107 + +Executive councils, Swiss, 36, 37, 40 + + +=F= + +Facts established by this book, 95 + +Fiske, John, on town meeting, 80 + +Freedom in Switzerland, 57 + +Freiburg, 12 + + +=G= + +Garment Workers, United, 88 + +Geneva, 12, 13, 61 + +Glarus, 12, 13, 65, 66, 67 + +Grand Council, 18, 20, 34 + +Grisons, 12, 13, 61 + + +=H= + +Highways, Switzerland, 50 + + +=I= + +Illiteracy in Switzerland, 27 + +Immigration into Switzerland, 70 + +Initiative and Referendum in labor organizations, 87 + +Initiative, cantonal, 11 + Federal, 22 + not a simple petition, 22 + what it is, 10 + +Instruction in Switzerland, 27 + + +=J= + +Jamin, P, 17 + +Jesuits expelled from Switzerland, 58 + +Judiciary, Swiss, 40 + +Jurors, Swiss, elected, 40 + + +=L= + +Land and climate, Switzerland, 47 + +Land, tenure and distribution of, Switzerland, 63, 70 + Public, 64, 65 + +Landsgemeinde, 8, 63 + +Languages in Switzerland, 13 + +Legislation by representatives, 92 + +Legislators, pay of Swiss, 35 + +Legislatures in Switzerland, 34 + +Local self-government, 101 + +Lucerne, 12, 13 + + +=M= + +Machines kill third parties, 98 + +McCrackan, W.D., 27 + +Military system, Swiss, 42, 43 + +Moses, Prof. Bernard ("The Federal Government of Switzerland"), iii + +Municipal land, 110 + + +=N= + +Nelson, Henry Loomis, on the town meeting, 79 + +Neuchâtel, 12, 13, 61 + +New England town meeting, 72 + + +=O= + +Oberholtzer, Ellis P., on Referendum in the United States, 82 + +Objections to the optional Referendum, 18 + +Obligatory and optional Referendum, 13, 17 + +Obligatory Referendum in Zurich, 20 + +One-man power unknown in Switzerland, 34 + + +=P= + +Parliamentary government abolished, 30 + +Political status in Switzerland, 25 + +Population, Switzerland, cantons, cities, 13, 14 + +Post-office, Switzerland, 49 + +Poverty in Switzerland, 68 + +President of the Confederation, 38 + +Press, the Swiss, 26 + +Principles of a free society, 25 + +Proportional representation, 117 + + +=R= + +Railroads, Switzerland, 49 + +Referendum, Federal, Switzerland, 21, 22 + in labor organizations, 87 + instrument of the minority, 22 + in the United States, 72 + in various states, cities, etc., 82 + not the plébiscite, 29 + obligatory, 13, 17, 20 + optional, 13, 17, 18 + what it is, 10 + +Rittinghausen, 16 + +Rockland, Mass., town meeting, 73 + +Rotation in office a partisan idea, 39, 83 + + +=S= + +Salaries of Swiss officials, 35, 36, 38 + +Salvation Army, Switzerland, 58 + +Schaffhausen, 12, 13 + +Schwyz, 8, 12, 13, 65 + +Senates, no cantonal, 34 + +Soleure, 12, 13 + +Stage routes, Switzerland, 52 + +State religions, Switzerland, 33 + +St. Gall, 12, 13, 65, 66 + +Statistics as to Switzerland, 13, 14 + +Summary of results of direct legislation in Switzerland, 70 + +Sunday, votings and communal meetings on, 8 + +Switzerland long undemocratic, 60 + + +=T= + +Table--Population, languages, form of passing laws, year of entering +Switzerland, 13 + +Tariff, protective, Switzerland, 58 + +Taxes, Switzerland, 52 + +Telegraph and telephone, Switzerland, 50 + +Thurgau, 12, 13 + +Ticino, 12, 13, 59, 66, 67 + +Typographical Union, 89 + + +=U= + +Unterwald, 12, 13, 65, 66 + +Urgence, 17 + +Uri, 12, 13, 65 + + +=V= + +Valais, 12, 13, 61, 66 + +Vaud, 12, 13, 66 + +Vincent, Prof. John Martin ("State and Federal Government of +Switzerland"), iii + references to, 8, 32, 34, 61 + +Vote-buying, 20 + + +=W= + +Wage-workers in the majority, 106 + +Wages and political conditions, 103 + +"Westminster Review", 28, 45 + +Winchester, Boyd ("The Swiss Republic"), iv + reference to, 63 + +Wuarin, Louis, 30 + + +=Z= + +Zurich, 13, 16, 20, 21, 61, 65, 115 + +Zug, 12, 13 + + + + +=Liberty= + +NOT THE DAUGHTER BUT THE MOTHER OF ORDER + +PROUDHON + +PUBLISHED WEEKLY. + +PIONEER ORGAN OF ANARCHISM IN AMERICA. + +BENJ. R. TUCKER, EDITOR. + +=Two Dollars a Year. Single Copies, Four Cents.= + + * * * * * + +A thoughtful, resolute, unique, uncompromising, unterrified, consistent, +severely critical, able, fair, and honest exponent of the doctrine that +Equal Liberty is the necessary basis of Social Harmony. + +A journal edited to suit its editor, not its readers. If it suits its +readers, so much the better. + + +=UNPARALLELED PREMIUMS.= + +Every person sending $2 for a year's subscription to Liberty enjoys the +privilege, while the subscription continues, of _buying all books, +periodicals, and stationery at wholesale prices_. In April, 1893, + +=One Subscriber Alone Saved $30.37= + +by this privilege; very many subscribers save over $10 a year by it; +nearly every subscriber saves more than the cost of subscription. This +is the _most valuable premium ever offered by a newspaper_. + +Every _new_ subscriber agreeing to send $2, and _mentioning this +advertisement_, will receive LIBERTY for a year, together with the +above-named privilege, and an outright gift of the following books: MY +UNCLE BENJAMIN, by Tillier, paper, 312 pages, retailing at 50 cents; THE +RAG-PICKER OF PARIS, by Pyat, illustrated, paper, 325 pages, retailing +at 50 cents; CHURCH AND STATE, by Tolstoi, paper, 169 pages, retailing +at 25 cents; THE FRUITS OF CULTURE, by Tolstoi, paper, 185 pages, +retailing at 25 cents; A TALE OF TWO CITIES (Dickens's greatest novel) +and SKETCHES BY BOZ, paper, retailing at 25 cents. These are not cheap +books. The type is large and the paper good. + +The subscriber, if he prefers, may select, instead of the six volumes +just mentioned, the following: SHAKSPERE'S COMPLETE WORKS, one volume, +royal octavo, bound in extra cloth and stamped in gold, and EMERSON'S +ESSAYS, first and second series, two volumes, 12 mo, cloth, in a box. + +Every _new_ subscriber agreeing to send $4, and _mentioning this +advertisement_, will receive LIBERTY for a year, the wholesale-price +privilege, and a set of + +=THE COMPLETE WORKS OF CHARLES DICKENS,= + +in Fifteen Volumes of 400 to 500 pages each, _bound in cloth_, stamped +in gold and black, large type, good paper, 237 illustrations. + + * * * * * + +The books in each case will be sent by express, the subscriber to pay +expressage. No advance remittance required, for, if desired, the goods +will be sent C.O.D. But the subscriber is advised to remit in advance, +as he will thus have to pay the express company _only_ for carriage, and +not its charge for collecting the bill. + + * * * * * + +=Send Subscriptions and Letters to= + +=BENJ. R. TUCKER, 120 Liberty St. (top floor), NEW YORK CITY= + + + + +=Safe Politics for Labor.= + + "American Federation of Labor,} + "New York, May 17, 1892. } + +"_Mr. J.W. Sullivan_: + +"DEAR SIR:--I have had the extreme pleasure of reading your +book, 'Direct Legislation,' and beg to assure you that it made a deep +impression upon my mind. The principles of the Initiative and Referendum +so often proclaimed find sufficient elucidation in concise form. The +facts that you have massed together of the practical application of +these principles give the best evidence of thorough research and study. +It is the first time that the labor reformers and thinkers generally +have had this subject presented to them in so able and readable a +manner. Every man who believes in minimizing the evil tendencies of +politics as a trade or profession, cannot fail to be highly interested +as well as pleased upon reading your book. + +"In many of the trade organizations the Initiative and the Referendum +are applied, and I have no doubt in my mind whatever that with the +growth and development of the trades-union movement, much will be done +to apply the principles to our political government. + +"I am led to believe that now in the New England states, particularly in +Massachusetts, where the town meetings exert a large influence upon the +public affairs of their respective localities, much could be done to +bring the subject of the Initiative and Referendum to the attention of +the masses. I think the trades-unionists of that section of the country +would be more than willing to co-operate in an effort to demonstrate the +practicability as well as the advisability of the adoption of that idea. + +"Again assuring you of the pleasure I have had in perusing the work, and +thanking you earnestly for your contribution toward the literature upon +this important subject, I am fraternally yours, SAMUEL GOMPERS, + +_President American Federation of Labor_." + + * * * * * + +"What! abandon legislatures and politicians and caucuses and all the +paraphernalia of elective and debating bodies? Well, not quite; still +very much curtailing the functions of these bodies and making laws by +the direct action of the people themselves and curtailing the +interference of professed legislators ... The little volume is worthy of +study, if only to know how some communities get along without the +trouble and contradiction involved in the systems of other popular +constituencies."--_New York Commercial Advertiser_. + +"Certainly the author is to be commended for contributing many facts to +our political knowledge--not the least of which is that we are no more, +as we were fifty years ago, leaders of the world in genuinely popular +government--for simplicity of treatment, and a most direct and lucid way +of pointing out the results of certain measures."--_Chicago Times_. + +"The author is eminently qualified to describe the working of a law to +which the attention of the electors of this continent is being largely +directed."--_London (Canada) Daily Advertiser_. + +"We would recommend the book to every one desirious of learning in brief +terms just what the Referendum is all about, and what good it would +do."--_New Nation_. + +"The appearance of such a book is not without political significance, +and Mr. Sullivan's collection of data is convenient to have."--_New York +Evening Post_. + +"The author shows that in Switzerland there has been a growth away from +the representative system toward a pure democracy."--_Christian +Register_. + +"The historic facts are stated with a clearness and conciseness that +make them valuable."--_New York Press_. + +"Shows plainly how the politician might be abolished."--_Chicago +Express_. + +"Plainly and well written, and should be widely read."--_Christian +Patriot_. + +"Its subject is of the highest importance to the country."--_Switchman's +Journal_. + + * * * * * + +="Few books have done, we believe, more good in this century."--Rev. +W.D.P. Bliss.= + + + + + + + +End of the Project Gutenberg EBook of Direct Legislation by the Citizenship +through the Initiative and Referendum, by James W. Sullivan + +*** END OF THIS PROJECT GUTENBERG EBOOK DIRECT LEGISLATION *** + +***** This file should be named 17751-8.txt or 17751-8.zip ***** +This and all associated files of various formats will be found in: + http://www.gutenberg.org/1/7/7/5/17751/ + +Produced by Irma Špehar, Cori Samuel and the Online +Distributed Proofreading Team at http://www.pgdp.net + + +Updated editions will replace the previous one--the old editions +will be renamed. + +Creating the works from public domain print editions means that no +one owns a United States copyright in these works, so the Foundation +(and you!) can copy and distribute it in the United States without +permission and without paying copyright royalties. Special rules, +set forth in the General Terms of Use part of this license, apply to +copying and distributing Project Gutenberg-tm electronic works to +protect the PROJECT GUTENBERG-tm concept and trademark. Project +Gutenberg is a registered trademark, and may not be used if you +charge for the eBooks, unless you receive specific permission. If you +do not charge anything for copies of this eBook, complying with the +rules is very easy. You may use this eBook for nearly any purpose +such as creation of derivative works, reports, performances and +research. They may be modified and printed and given away--you may do +practically ANYTHING with public domain eBooks. Redistribution is +subject to the trademark license, especially commercial +redistribution. + + + +*** START: FULL LICENSE *** + +THE FULL PROJECT GUTENBERG LICENSE +PLEASE READ THIS BEFORE YOU DISTRIBUTE OR USE THIS WORK + +To protect the Project Gutenberg-tm mission of promoting the free +distribution of electronic works, by using or distributing this work +(or any other work associated in any way with the phrase "Project +Gutenberg"), you agree to comply with all the terms of the Full Project +Gutenberg-tm License (available with this file or online at +http://gutenberg.org/license). + + +Section 1. General Terms of Use and Redistributing Project Gutenberg-tm +electronic works + +1.A. By reading or using any part of this Project Gutenberg-tm +electronic work, you indicate that you have read, understand, agree to +and accept all the terms of this license and intellectual property +(trademark/copyright) agreement. If you do not agree to abide by all +the terms of this agreement, you must cease using and return or destroy +all copies of Project Gutenberg-tm electronic works in your possession. +If you paid a fee for obtaining a copy of or access to a Project +Gutenberg-tm electronic work and you do not agree to be bound by the +terms of this agreement, you may obtain a refund from the person or +entity to whom you paid the fee as set forth in paragraph 1.E.8. + +1.B. "Project Gutenberg" is a registered trademark. It may only be +used on or associated in any way with an electronic work by people who +agree to be bound by the terms of this agreement. There are a few +things that you can do with most Project Gutenberg-tm electronic works +even without complying with the full terms of this agreement. See +paragraph 1.C below. There are a lot of things you can do with Project +Gutenberg-tm electronic works if you follow the terms of this agreement +and help preserve free future access to Project Gutenberg-tm electronic +works. See paragraph 1.E below. + +1.C. The Project Gutenberg Literary Archive Foundation ("the Foundation" +or PGLAF), owns a compilation copyright in the collection of Project +Gutenberg-tm electronic works. Nearly all the individual works in the +collection are in the public domain in the United States. If an +individual work is in the public domain in the United States and you are +located in the United States, we do not claim a right to prevent you from +copying, distributing, performing, displaying or creating derivative +works based on the work as long as all references to Project Gutenberg +are removed. Of course, we hope that you will support the Project +Gutenberg-tm mission of promoting free access to electronic works by +freely sharing Project Gutenberg-tm works in compliance with the terms of +this agreement for keeping the Project Gutenberg-tm name associated with +the work. You can easily comply with the terms of this agreement by +keeping this work in the same format with its attached full Project +Gutenberg-tm License when you share it without charge with others. + +1.D. The copyright laws of the place where you are located also govern +what you can do with this work. Copyright laws in most countries are in +a constant state of change. If you are outside the United States, check +the laws of your country in addition to the terms of this agreement +before downloading, copying, displaying, performing, distributing or +creating derivative works based on this work or any other Project +Gutenberg-tm work. The Foundation makes no representations concerning +the copyright status of any work in any country outside the United +States. + +1.E. Unless you have removed all references to Project Gutenberg: + +1.E.1. The following sentence, with active links to, or other immediate +access to, the full Project Gutenberg-tm License must appear prominently +whenever any copy of a Project Gutenberg-tm work (any work on which the +phrase "Project Gutenberg" appears, or with which the phrase "Project +Gutenberg" is associated) is accessed, displayed, performed, viewed, +copied or distributed: + +This eBook is for the use of anyone anywhere at no cost and with +almost no restrictions whatsoever. You may copy it, give it away or +re-use it under the terms of the Project Gutenberg License included +with this eBook or online at www.gutenberg.org + +1.E.2. If an individual Project Gutenberg-tm electronic work is derived +from the public domain (does not contain a notice indicating that it is +posted with permission of the copyright holder), the work can be copied +and distributed to anyone in the United States without paying any fees +or charges. If you are redistributing or providing access to a work +with the phrase "Project Gutenberg" associated with or appearing on the +work, you must comply either with the requirements of paragraphs 1.E.1 +through 1.E.7 or obtain permission for the use of the work and the +Project Gutenberg-tm trademark as set forth in paragraphs 1.E.8 or +1.E.9. + +1.E.3. If an individual Project Gutenberg-tm electronic work is posted +with the permission of the copyright holder, your use and distribution +must comply with both paragraphs 1.E.1 through 1.E.7 and any additional +terms imposed by the copyright holder. Additional terms will be linked +to the Project Gutenberg-tm License for all works posted with the +permission of the copyright holder found at the beginning of this work. + +1.E.4. Do not unlink or detach or remove the full Project Gutenberg-tm +License terms from this work, or any files containing a part of this +work or any other work associated with Project Gutenberg-tm. + +1.E.5. Do not copy, display, perform, distribute or redistribute this +electronic work, or any part of this electronic work, without +prominently displaying the sentence set forth in paragraph 1.E.1 with +active links or immediate access to the full terms of the Project +Gutenberg-tm License. + +1.E.6. You may convert to and distribute this work in any binary, +compressed, marked up, nonproprietary or proprietary form, including any +word processing or hypertext form. However, if you provide access to or +distribute copies of a Project Gutenberg-tm work in a format other than +"Plain Vanilla ASCII" or other format used in the official version +posted on the official Project Gutenberg-tm web site (www.gutenberg.org), +you must, at no additional cost, fee or expense to the user, provide a +copy, a means of exporting a copy, or a means of obtaining a copy upon +request, of the work in its original "Plain Vanilla ASCII" or other +form. Any alternate format must include the full Project Gutenberg-tm +License as specified in paragraph 1.E.1. + +1.E.7. Do not charge a fee for access to, viewing, displaying, +performing, copying or distributing any Project Gutenberg-tm works +unless you comply with paragraph 1.E.8 or 1.E.9. + +1.E.8. You may charge a reasonable fee for copies of or providing +access to or distributing Project Gutenberg-tm electronic works provided +that + +- You pay a royalty fee of 20% of the gross profits you derive from + the use of Project Gutenberg-tm works calculated using the method + you already use to calculate your applicable taxes. The fee is + owed to the owner of the Project Gutenberg-tm trademark, but he + has agreed to donate royalties under this paragraph to the + Project Gutenberg Literary Archive Foundation. Royalty payments + must be paid within 60 days following each date on which you + prepare (or are legally required to prepare) your periodic tax + returns. Royalty payments should be clearly marked as such and + sent to the Project Gutenberg Literary Archive Foundation at the + address specified in Section 4, "Information about donations to + the Project Gutenberg Literary Archive Foundation." + +- You provide a full refund of any money paid by a user who notifies + you in writing (or by e-mail) within 30 days of receipt that s/he + does not agree to the terms of the full Project Gutenberg-tm + License. You must require such a user to return or + destroy all copies of the works possessed in a physical medium + and discontinue all use of and all access to other copies of + Project Gutenberg-tm works. + +- You provide, in accordance with paragraph 1.F.3, a full refund of any + money paid for a work or a replacement copy, if a defect in the + electronic work is discovered and reported to you within 90 days + of receipt of the work. + +- You comply with all other terms of this agreement for free + distribution of Project Gutenberg-tm works. + +1.E.9. If you wish to charge a fee or distribute a Project Gutenberg-tm +electronic work or group of works on different terms than are set +forth in this agreement, you must obtain permission in writing from +both the Project Gutenberg Literary Archive Foundation and Michael +Hart, the owner of the Project Gutenberg-tm trademark. Contact the +Foundation as set forth in Section 3 below. + +1.F. + +1.F.1. Project Gutenberg volunteers and employees expend considerable +effort to identify, do copyright research on, transcribe and proofread +public domain works in creating the Project Gutenberg-tm +collection. Despite these efforts, Project Gutenberg-tm electronic +works, and the medium on which they may be stored, may contain +"Defects," such as, but not limited to, incomplete, inaccurate or +corrupt data, transcription errors, a copyright or other intellectual +property infringement, a defective or damaged disk or other medium, a +computer virus, or computer codes that damage or cannot be read by +your equipment. + +1.F.2. LIMITED WARRANTY, DISCLAIMER OF DAMAGES - Except for the "Right +of Replacement or Refund" described in paragraph 1.F.3, the Project +Gutenberg Literary Archive Foundation, the owner of the Project +Gutenberg-tm trademark, and any other party distributing a Project +Gutenberg-tm electronic work under this agreement, disclaim all +liability to you for damages, costs and expenses, including legal +fees. YOU AGREE THAT YOU HAVE NO REMEDIES FOR NEGLIGENCE, STRICT +LIABILITY, BREACH OF WARRANTY OR BREACH OF CONTRACT EXCEPT THOSE +PROVIDED IN PARAGRAPH F3. YOU AGREE THAT THE FOUNDATION, THE +TRADEMARK OWNER, AND ANY DISTRIBUTOR UNDER THIS AGREEMENT WILL NOT BE +LIABLE TO YOU FOR ACTUAL, DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE OR +INCIDENTAL DAMAGES EVEN IF YOU GIVE NOTICE OF THE POSSIBILITY OF SUCH +DAMAGE. + +1.F.3. LIMITED RIGHT OF REPLACEMENT OR REFUND - If you discover a +defect in this electronic work within 90 days of receiving it, you can +receive a refund of the money (if any) you paid for it by sending a +written explanation to the person you received the work from. If you +received the work on a physical medium, you must return the medium with +your written explanation. The person or entity that provided you with +the defective work may elect to provide a replacement copy in lieu of a +refund. If you received the work electronically, the person or entity +providing it to you may choose to give you a second opportunity to +receive the work electronically in lieu of a refund. If the second copy +is also defective, you may demand a refund in writing without further +opportunities to fix the problem. + +1.F.4. Except for the limited right of replacement or refund set forth +in paragraph 1.F.3, this work is provided to you 'AS-IS' WITH NO OTHER +WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO +WARRANTIES OF MERCHANTIBILITY OR FITNESS FOR ANY PURPOSE. + +1.F.5. Some states do not allow disclaimers of certain implied +warranties or the exclusion or limitation of certain types of damages. +If any disclaimer or limitation set forth in this agreement violates the +law of the state applicable to this agreement, the agreement shall be +interpreted to make the maximum disclaimer or limitation permitted by +the applicable state law. The invalidity or unenforceability of any +provision of this agreement shall not void the remaining provisions. + +1.F.6. INDEMNITY - You agree to indemnify and hold the Foundation, the +trademark owner, any agent or employee of the Foundation, anyone +providing copies of Project Gutenberg-tm electronic works in accordance +with this agreement, and any volunteers associated with the production, +promotion and distribution of Project Gutenberg-tm electronic works, +harmless from all liability, costs and expenses, including legal fees, +that arise directly or indirectly from any of the following which you do +or cause to occur: (a) distribution of this or any Project Gutenberg-tm +work, (b) alteration, modification, or additions or deletions to any +Project Gutenberg-tm work, and (c) any Defect you cause. + + +Section 2. Information about the Mission of Project Gutenberg-tm + +Project Gutenberg-tm is synonymous with the free distribution of +electronic works in formats readable by the widest variety of computers +including obsolete, old, middle-aged and new computers. It exists +because of the efforts of hundreds of volunteers and donations from +people in all walks of life. + +Volunteers and financial support to provide volunteers with the +assistance they need, is critical to reaching Project Gutenberg-tm's +goals and ensuring that the Project Gutenberg-tm collection will +remain freely available for generations to come. In 2001, the Project +Gutenberg Literary Archive Foundation was created to provide a secure +and permanent future for Project Gutenberg-tm and future generations. +To learn more about the Project Gutenberg Literary Archive Foundation +and how your efforts and donations can help, see Sections 3 and 4 +and the Foundation web page at http://www.pglaf.org. + + +Section 3. Information about the Project Gutenberg Literary Archive +Foundation + +The Project Gutenberg Literary Archive Foundation is a non profit +501(c)(3) educational corporation organized under the laws of the +state of Mississippi and granted tax exempt status by the Internal +Revenue Service. The Foundation's EIN or federal tax identification +number is 64-6221541. Its 501(c)(3) letter is posted at +http://pglaf.org/fundraising. Contributions to the Project Gutenberg +Literary Archive Foundation are tax deductible to the full extent +permitted by U.S. federal laws and your state's laws. + +The Foundation's principal office is located at 4557 Melan Dr. S. +Fairbanks, AK, 99712., but its volunteers and employees are scattered +throughout numerous locations. Its business office is located at +809 North 1500 West, Salt Lake City, UT 84116, (801) 596-1887, email +business@pglaf.org. Email contact links and up to date contact +information can be found at the Foundation's web site and official +page at http://pglaf.org + +For additional contact information: + Dr. Gregory B. Newby + Chief Executive and Director + gbnewby@pglaf.org + + +Section 4. Information about Donations to the Project Gutenberg +Literary Archive Foundation + +Project Gutenberg-tm depends upon and cannot survive without wide +spread public support and donations to carry out its mission of +increasing the number of public domain and licensed works that can be +freely distributed in machine readable form accessible by the widest +array of equipment including outdated equipment. Many small donations +($1 to $5,000) are particularly important to maintaining tax exempt +status with the IRS. + +The Foundation is committed to complying with the laws regulating +charities and charitable donations in all 50 states of the United +States. Compliance requirements are not uniform and it takes a +considerable effort, much paperwork and many fees to meet and keep up +with these requirements. We do not solicit donations in locations +where we have not received written confirmation of compliance. To +SEND DONATIONS or determine the status of compliance for any +particular state visit http://pglaf.org + +While we cannot and do not solicit contributions from states where we +have not met the solicitation requirements, we know of no prohibition +against accepting unsolicited donations from donors in such states who +approach us with offers to donate. + +International donations are gratefully accepted, but we cannot make +any statements concerning tax treatment of donations received from +outside the United States. U.S. laws alone swamp our small staff. + +Please check the Project Gutenberg Web pages for current donation +methods and addresses. Donations are accepted in a number of other +ways including checks, online payments and credit card donations. +To donate, please visit: http://pglaf.org/donate + + +Section 5. General Information About Project Gutenberg-tm electronic +works. + +Professor Michael S. Hart is the originator of the Project Gutenberg-tm +concept of a library of electronic works that could be freely shared +with anyone. For thirty years, he produced and distributed Project +Gutenberg-tm eBooks with only a loose network of volunteer support. + + +Project Gutenberg-tm eBooks are often created from several printed +editions, all of which are confirmed as Public Domain in the U.S. +unless a copyright notice is included. Thus, we do not necessarily +keep eBooks in compliance with any particular paper edition. + + +Most people start at our Web site which has the main PG search facility: + + http://www.gutenberg.org + +This Web site includes information about Project Gutenberg-tm, +including how to make donations to the Project Gutenberg Literary +Archive Foundation, how to help produce our new eBooks, and how to +subscribe to our email newsletter to hear about new eBooks. diff --git a/17751-8.zip b/17751-8.zip Binary files differnew file mode 100644 index 0000000..6b77217 --- /dev/null +++ b/17751-8.zip diff --git a/17751-h.zip b/17751-h.zip Binary files differnew file mode 100644 index 0000000..6e73869 --- /dev/null +++ b/17751-h.zip diff --git a/17751-h/17751-h.htm b/17751-h/17751-h.htm new file mode 100644 index 0000000..9a2f11b --- /dev/null +++ b/17751-h/17751-h.htm @@ -0,0 +1,4140 @@ +<!DOCTYPE html PUBLIC "-//W3C//DTD XHTML 1.0 Strict//EN" + "http://www.w3.org/TR/xhtml1/DTD/xhtml1-strict.dtd"> + +<html xmlns="http://www.w3.org/1999/xhtml"> + <head> + <meta http-equiv="Content-Type" content="text/html;charset=iso-8859-1" /> + <title> + The Project Gutenberg eBook of Direct Legislation by the Citizenship through the Initiative and Referendum, by J. W. Sullivan. + </title> + <style type="text/css"> +/*<![CDATA[ XML blockout */ +<!-- + p { margin-top: .75em; + text-align: justify; + margin-bottom: .75em; + } + h1,h2,h3,h4,h5,h6 { + text-align: center; /* all headings centered */ + clear: both; + } + hr { width: 33%; + margin-top: 2em; + margin-bottom: 2em; + margin-left: auto; + margin-right: auto; + clear: both; + } + + table {margin-left: auto; margin-right: auto; } + + table.borderedtable { + border-left: 1px solid white; + border-right: 1px solid white; + border-top: 1px solid black; + border-bottom: 1px solid black; + border-collapse: collapse; } + + td { padding: 2px 10px 2px 10px;} + + tr.u td, td.u {border-bottom: 1px solid black; } + + table.borderedtable tr td {border-left: 1px solid black; border-right: 1px solid black; } + + body{margin-left: 10%; + margin-right: 10%; + } + + + .blockquot{margin-left: 5%; margin-right: 10%;} + + .center {text-align: center;} + .smcap {font-variant: small-caps;} + + .caption {font-weight: bold;} + + + .footnotes {border: dashed 1px;} + .footnote {margin-left: 10%; margin-right: 10%; font-size: 0.9em;} + .footnote .label {position: absolute; right: 84%; text-align: right;} + .fnanchor {vertical-align: super; font-size: .8em; text-decoration: none;} + + // --> + /* XML end ]]>*/ + </style> + </head> +<body> + + +<pre> + +The Project Gutenberg EBook of Direct Legislation by the Citizenship +through the Initiative and Referendum, by James W. Sullivan + +This eBook is for the use of anyone anywhere at no cost and with +almost no restrictions whatsoever. You may copy it, give it away or +re-use it under the terms of the Project Gutenberg License included +with this eBook or online at www.gutenberg.org + + +Title: Direct Legislation by the Citizenship through the Initiative and Referendum + +Author: James W. Sullivan + +Release Date: February 11, 2006 [EBook #17751] + +Language: English + +Character set encoding: ISO-8859-1 + +*** START OF THIS PROJECT GUTENBERG EBOOK DIRECT LEGISLATION *** + + + + +Produced by Irma Špehar, Cori Samuel and the Online +Distributed Proofreading Team at http://www.pgdp.net + + + + + + +</pre> + + +<h1>DIRECT LEGISLATION</h1> +<h4>BY</h4> +<h2>THE CITIZENSHIP</h2> +<h4>THROUGH</h4> +<h3>THE INITIATIVE AND REFERENDUM</h3> + +<h4>BY</h4> + +<h3>J.W. SULLIVAN<br /> </h3> + + +<h4><br />CONTENTS:</h4> +<table border="0" summary="Table of Contents"> +<tr><td class="smcap"><a href="#AS_TO_THIS_BOOK">As to This Book</a></td><td align="right">i.</td></tr> +<tr><td class="smcap"><a href="#THE_INITIATIVE_AND_REFERENDUM_IN_SWITZERLAND">The Initiative and Referendum in Switzerland</a></td><td align="right">5</td></tr> +<tr><td class="smcap"><a href="#THE_PUBLIC_STEWARDSHIP_OF_SWITZERLAND">The Public Stewardship of Switzerland</a></td><td align="right">25</td></tr> +<tr><td class="smcap"><a href="#THE_COMMON_WEALTH_OF_SWITZERLAND">The Common Wealth of Switzerland</a></td><td align="right">47</td></tr> +<tr><td class="smcap"><a href="#DIRECT_LEGISLATION_IN_THE_UNITED_STATES">Direct Legislation in the United States</a></td><td align="right">72</td></tr> +<tr><td class="smcap"><a href="#THE_WAY_OPEN_TO_PEACEFUL_REVOLUTION">The Way Open to Peaceful Revolution</a></td><td align="right"> 95</td></tr> +</table> + +<hr /> + +<h5>[<i>Copyright, 1892, by J.W. Sullivan.</i>]</h5> +<p class="center">NEW YORK<br /> +TRUE NATIONALIST PUBLISHING COMPANY<br /> +1893</p> + +<hr style="width: 65%;" /> +<h2><a name="AS_TO_THIS_BOOK" id="AS_TO_THIS_BOOK" /><a name="Page_1" id="Page_1"></a>AS TO THIS BOOK.</h2> + + +<p>This is the second in a series of sociological works, each a small +volume, I have in course of publication. The first, "A Concept of +Political Justice," gave in outline the major positions which seem to me +logically to accord in practical life with the political principle of +equal freedom. In the present work, certain of the positions taken in +the first are amplified. In each of the volumes to come, which will be +issued as I find time to complete them, similar amplification in the +case of other positions will be made. Naturally, the order of +publication of the proposed works may be influenced by the general trend +in the discussion of public questions.</p> + +<p>The small-book plan I have adopted for several reasons. One is, that the +writer who embodies his thought on any large subject in a single weighty +volume commonly finds difficulty in selling the work or having it read; +the price alone restricts its market, and the volume, by its very size, +usually repels the ordinary reader. Another, that the radical world, +which I especially address, is nowadays assailed with so much printed +matter that in it big books have slight show of favor. Another, that the +reader of any volume in the series subsequent to the first may on +reference to the first ascertain the train of connection and entire +scope of the thought I would present. And, finally, that such persons as +have been won to the support of the principles taught may interest +themselves, and perhaps others, in spreading knowledge of these +principles, as developed in the successive works.</p> + +<p>On the last-mentioned point, a word. Having during the past decade +closely observed, and in some measure shared in, the discussion of +advanced sociological thought, I maintain with confidence the principles +of equal freedom, not only in their essential truth, but in the leading +applications I have made of them. At least, I <a name="Page_2" id="Page_2"></a>may trust that, thus far +in either work, in coming to my more important conclusions, I have not +fallen into error through blind devotion to an "ism" nor halted at +faulty judgment because of limited investigation. I therefore hope to +have others join with me, some to work quite in the lines I follow, and +some to move at least in the direction of those lines.</p> + +<p>The present volume I have prepared with care. My attention being +attracted about eight years ago to the direct legislation of +Switzerland, I then set about collecting what notes in regard to that +institution I could glean from periodicals and other publications. But +at that time very little of value had been printed in English. Later, as +exchange editor of a social reform weekly journal, I gathered such facts +bearing on the subject as were passing about in the American newspaper +world, and through the magazine indexes for the past twenty years I +gained access to whatever pertaining to Switzerland had gone on record +in the monthlies and quarterlies; while at the three larger libraries of +New York—the Astor, the Mercantile, and the Columbia College—I found +the principal descriptive and historical works on Switzerland. But from +all these sources only a slender stock of information with regard to the +influence of the Initiative and Referendum on the later political and +economic development of Switzerland was to be obtained. So, when, three +years ago, with inquiry on this point in mind, I spent some months in +Switzerland, about all I had at first on which to base investigations +was a collection of commonplace or beclouded fact from the newspapers, a +few statistics and opinions from an English magazine or two, and some +excerpts from volumes by De Laveleye and Freeman which contained +chapters treating of Swiss institutions. Soon after, as a result of my +observations in the country, I contributed, under the caption +"Republican Switzerland," a series of articles to the New York "Times" +on the Swiss government of today, and, last April, an essay to the +"Chautauquan" magazine on "The Referendum in Switzerland." On the form +outlined in these articles I have constructed the first three chapters +of the present work. The data, however, excepting in a few cases, are +corrected <a name="Page_3" id="Page_3"></a>to 1892, and in many respects besides I have profited by the +labors of other men in the same field.</p> + +<p>The past two years and a half has seen much writing on Swiss +institutions. Political investigators are awakening to the fact that in +politics and economics the Swiss are doing what has never before been +done in the world. In neighborhood, region, and nation, the entire +citizenship in each case concerned is in details operating the +government. In certain cantons it is done in every detail. Doing this, +the Swiss are moving rapidly in practically grappling with social +problems that elsewhere are hardly more than speculative topics with +scholars and theorists. In other countries, consequently, interested +lookers-on, having from different points of view taken notes of +democratic Switzerland, are, through newspaper, magazine, and book, +describing its unprecedented progress and suggesting to their own +countrymen what in Swiss governmental experience may be found of value +at home. Of the more solid writing of this character, four books may +especially be recommended. I mention them in the order of their +publication.</p> + +<p>"The Swiss Confederation." By Sir Francis Ottiwell Adams and C.D. +Cunningham. (London: Macmillan & Co.; 1889; 289 pages; $1.75.) Sir +Francis Ottiwell Adams was for some years British Minister at Berne.</p> + +<p>"The Federal Government of Switzerland: An Essay on the Constitution." +By Bernard Moses, Ph.D., professor of history and political economy, +University of California. (Pacific Press Publishing Company: Oakland, +Cal.; 1889; 256 pages; $1.25.) This work is largely a comparative study +of constitutions. It is meant chiefly for the use of students of law and +of legal history. It abounds, however, in facts as to Switzerland which +up to the time of its publication were quite inaccessible to American +readers.</p> + +<p>"State and Federal Government of Switzerland." By John Martin Vincent, +Ph.D., librarian and instructor in the department of history and +politics, Johns Hopkins University. (Baltimore: Johns Hopkins Press; +1891; 247 pages; $1.50.) Professor Vincent had access, at the +university, to the considerable collection of books and <a name="Page_4" id="Page_4"></a>papers relating +to Switzerland made by Professor J.C. Bluntschli, an eminent Swiss +historian who died in 1881, and also to a large number of government +publications presented by the Swiss Federal Council to the university +library.</p> + +<p>"The Swiss Republic." By Boyd Winchester, late United States Minister at +Berne. (Philadelphia: J.B. Lippincott & Co.; 1891; 487 pages; $1.50.) +Mr. Winchester was stationed four years at Berne, and hence had better +opportunity than Professor Vincent or Professor Moses for obtaining a +thorough acquaintance with Switzerland. Much of his book is taken up +with descriptive writing, all good.</p> + +<p>Were I asked which of these four works affords the fullest information +as to new Switzerland and new Swiss political methods, I should be +obliged to refer the inquirer to his own needs. Professor Moses's is +best for one applying himself to law and constitutional history. +Professor Vincent's is richest in systematized details and statistics, +especially such as relate to the Referendum and taxation; and in it also +is a bibliography of Swiss politics and history. For the general reader, +desiring description of the country, stirring democratic sentiment, and +an all-round view of the great little republic, Mr. Winchester's is +preferable.</p> + +<p>In expanding and rearranging my "Times" and "Chautauquan" articles, I +have, to some extent, used these books.</p> + +<p>Throughout this work, wherever possible, conservatives, rather than +myself, have been made to speak; hence quotations are frequent. The +first drafts of the chapters on Switzerland have been read by Swiss +radicals of different schools, and the final proofsheets have been +revised by a Swiss writer of repute living in New York; therefore +serious error is hardly probable. The one fault I myself have to find +with the work is its baldness of statement, rendered necessary by space +limits. I could, perhaps more easily, have prepared four or five hundred +pages instead of the one hundred and twenty. I leave it rather to the +reader to supply comparison and analysis and the eloquent comment of +which, it seems to me, many of the statements of fact are worthy. +J.W.S.[** initials right justified in image]</p> + + + +<hr style="width: 65%;" /> +<h2><a name="THE_INITIATIVE_AND_REFERENDUM_IN_SWITZERLAND" id="THE_INITIATIVE_AND_REFERENDUM_IN_SWITZERLAND" /><a name="Page_5" id="Page_5"></a>THE INITIATIVE AND REFERENDUM IN SWITZERLAND.</h2> + + +<p><i>Democratic versus Representative Government.</i></p> + +<p>There is a radical difference between a democracy and a representative +government. In a democracy, the citizens themselves make the law and +superintend its administration; in a representative government, the +citizens empower legislators and executive officers to make the law and +to carry it out. Under a democracy, sovereignty remains uninterruptedly +with the citizens, or rather a changing majority of the citizens; under +a representative government, sovereignty is surrendered by the citizens, +for stated terms, to officials. In other words, democracy is direct rule +by the majority, while representative government is rule by a succession +of quasi-oligarchies, indirectly and remotely responsible to the +majority.</p> + +<p>Observe, now, first, the influences that chiefly contribute to make +government in the United States what it is:—</p> + +<p>The county, state, and federal governments are not democracies. In form, +they are quasi-oligarchies composed of representatives and executives; +but in fact they are frequently complete oligarchies, composed in part +of unending rings of politicians that directly control the law and the +offices, and in part of the perma<a name="Page_6" id="Page_6"></a>nent plutocracy, who purchase +legislation through the politicians.</p> + +<p>Observe, next, certain strong influences for the better that obtain in a +pure democracy:—</p> + +<p>An obvious influence is, in one respect, the same as that which enriches +the plutocrat and prompts the politician to reach for +power—self-interest. When all the members of any body of men find +themselves in equal relation to a profitable end in which they solely +are concerned, they will surely be inclined to assert their joint +independence of other bodies in that respect, and, further, each member +will claim his full share of whatever benefits arise. But, more than +that; something like equality of benefits being achieved, perhaps +through various agencies of force, a second influence will be brought +powerfully to bear on those concerned. It is that of justice. Fair play +to all the members will be generally demanded.</p> + +<p>In a pure democracy, therefore, intelligently controlled self-interest +and a consequent sentiment of justice are the sources in which the +highest possible social benefits may be expected to begin.</p> + +<p>The reader has now before him the political principle to be here +maintained—pure democracy as distinguished from representative +government. My argument, then, becomes this: To show that, by means of +the one lawmaking method to which pure democracy is restricted,—that of +direct legislation by the citizenship,—the political "ring," "boss," +and "heeler" may be abolished, the American plutocracy destroyed, and +<a name="Page_7" id="Page_7"></a>government simplified and reduced to the limits set by the conscience +of the majority as affected by social necessities. My task involves +proof that direct legislation is possible with large communities.</p> + + +<p><br /><i>Direct Legislation in Switzerland.</i></p> + +<p>Evidence as to the practicability and the effects of direct legislation +is afforded by Switzerland, especially in its history during the past +twenty-five years. To this evidence I turn at once.</p> + +<p>There are in Switzerland twenty-two cantons (states), which are +subdivided into 2,706 communes (townships). The commune is the political +as well as territorial unit. Commonly, as nearly as consistent with +cantonal and federal rights, in local affairs the commune governs +itself. Its citizens regard it as their smaller state. It is jealous of +interference by the greater state. It has its own property to look +after. Until the interests of the canton or the Confederation manifestly +replace those of the immediate locality, the commune declines to part +with the administration of its lands, forests, police, roads, schools, +churches, or taxes.</p> + +<p>In German Switzerland the adult male inhabitants of the commune meet at +least once annually, usually in the town market place or on a mountain +plain, and carry out their functions as citizens. There they debate +proposed laws, name officers, and discuss affairs of a public nature. On +such occasions, every citizen is a legislator, his voice and vote +influencing the questions at issue. The right of initiating a measure +<a name="Page_8" id="Page_8"></a>belongs to each. Decision is ordinarily made by show of hands. In most +cantons the youth becomes a voter at twenty, the legal age for acquiring +a vote in federal affairs, though the range for cantonal matters is from +eighteen to twenty-one.</p> + +<p>Similar democratic legislative meetings govern two cantons as cantons +and two other cantons divided into demi-cantons. In the demi-canton of +Outer Appenzell, 13,500 voters are qualified thus to meet and legislate, +and the number actually assembled is sometimes 10,000. But this is the +highest extreme for such an assemblage—a Landsgemeinde (a +land-community)—the lowest for a canton or a demi-canton comprising +about 3,000. One other canton (Schwyz, 50,307 inhabitants) has +Landsgemeinde meetings, there being six, with an average of 2,000 voters +to each. In communal political assemblages, however, there are usually +but a few hundred voters.</p> + +<p>The yearly cantonal or demi-cantonal Landsgemeinde takes place on a +Sunday in April or May. While the powers and duties of the body vary +somewhat in different cantons, they usually cover the following +subjects: Partial as well as total revision of the constitution; +enactment of all laws; imposition of direct taxes; incurrence of state +debts and alienation of public domains; the granting of public +privileges; assumption of foreigners into state citizenship; +establishment of new offices and the regulation of salaries; election of +state, executive, and judicial officers.<a name="FNanchor_A_1" id="FNanchor_A_1"></a><a href="#Footnote_A_1" class="fnanchor">[A]</a><a name="Page_9" id="Page_9"></a></p> + +<p>The programme for the meeting is arranged by the officials and published +beforehand, the law in some cantons requiring publication four weeks +before the meeting, and in others but ten days. "To give opportunities +for individuals and authorities to make proposals and offer bills, the +official gazette announces every January that for fourteen days after a +given date petitions may be presented for that purpose. These must be +written, the object plainly stated and accompanied by the reasons. All +such motions are considered by what is called the Triple Council, or +legislature, and are classified as 'expedient' and 'inexpedient.' A +proposal receiving more than ten votes must be placed on the list of +expedient, accompanied by the opinion of the council. The rejected are +placed under a special rubric, familiarly called by the people the +<i>Beiwagen</i>. The assembly may reverse the action of the council if it +chooses and take a measure out of the 'extra coach,' but consideration +of it is in that case deferred until the next year. In the larger +assemblies debate is excluded, the vote being simply on rejection or +adoption. In the smaller states the line is not so tightly drawn.... +Votes are taken by show of hands, though secret ballot may be had if +demanded, elections of officers following the same rule in this matter +as legislation. Nominations for office, however, need not be sent in by +petition, but may be offered by any one on the spot."<a name="FNanchor_B_2" id="FNanchor_B_2"></a><a href="#Footnote_B_2" class="fnanchor">[B]</a><a name="Page_10" id="Page_10"></a></p> + + +<p><br /><i>The Initiative and the Referendum.</i></p> + +<p>It will be observed that the basic practical principles of both the +communal meeting and the Landsgemeinde are these two:</p> + +<p>(1) That every citizen shall have the right to propose a measure of law +to his fellow-citizens—this principle being known as the Initiative.</p> + +<p>(2) That the majority shall actually enact the law by voting the +acceptance or the rejection of the measures proposed. This principle, +when applied in non-Landsgemeinde cantons, through ballotings at polling +places, on measures sent from legislative bodies to the people, is known +as the Referendum.</p> + +<p>The Initiative has been practiced in many of the communes and in the +several Landsgemeinde cantons in one form or other from time immemorial. +In the past score of years, however, it has been practiced by petition +in an increasing number of the cantons not having the democratic +assemblage of all the citizens.</p> + +<p>The Referendum owes its origin to two sources. One source was in the +vote taken at the communal meeting and the Landsgemeinde. The principle +sometimes extended to cities, Berne, for instance, in the fifty-five +years from 1469 to 1524, taking sixty referendary votings. The other +source was in the vote taken by the ancient cantons on any action by +their delegates to the federal Diet, or congress, these delegates +undertaking no affair except on condition of referring it to the +cantonal councils—<i>ad referendum</i>.<a name="Page_11" id="Page_11"></a></p> + +<p>The principles of the Initiative and Referendum have of recent years +been extended so as to apply, to a greater or lesser extent, not only to +cantonal affairs in cantons far too large for the Landsgemeinde, but to +certain affairs of the Swiss Confederation, comprising three million +inhabitants. In other words, the Swiss nation today sees clearly, first, +that the democratic system has manifold advantages over the +representative; and, secondly, that no higher degree of political +freedom and justice can be obtained than by granting to the least +practicable minority the legal right to propose a law and to the +majority the right to accept or reject it. In enlarging the field of +these working principles, the Swiss have developed in the political +world a factor which, so far as it is in operation, is creating a +revolution to be compared only with that caused in the industrial world +by the steam engine.</p> + +<hr /> + +<p>The cantonal Initiative exists in fourteen of the twenty-two cantons—in +some of them, however, only in reference to constitutional amendments. +Usually, the proposal of a measure of cantonal law by popular initiative +must be made through petition by from one-twelfth to one-sixteenth of +the voters of the canton. When the petition reaches the cantonal +legislature, the latter body is obliged, within a brief period, +specified by the constitution, to refer the proposal to a cantonal vote. +If the decision of the citizens is then favorable, the measure is law, +and the executive and judicial officials must proceed to carry it into +effect.<a name="Page_12" id="Page_12"></a></p> + +<p>The cantonal Referendum is in constant practice in all the cantons +except Freiburg, which is governed by a representative legislature. The +extent, however, to which the Referendum is applied varies considerably. +In two cantons it is applicable only to financial measures; in others it +is optional with the people, who sometimes demand it, but oftener do +not; in others it is obligatory in connection with the passage of every +law. More explicitly: In the canton of Vaud a mere pseudo-referendary +right exists, under which the Grand Council (the legislature) may, if it +so decides, propose a reference to the citizens. Valais takes a popular +vote only on such propositions passed by the Grand Council as involve a +one and a half per cent increase in taxation or a total expenditure of +60,000 francs. With increasing confidence in the people, the cantons of +Lucerne, Zug, Bâle City, Schaffhausen, St. Gall, Ticino, Neuchâtel, and +Geneva refer a proposed law, after it has passed the Grand Council, to +the voters when a certain proportion of the citizens, usually one-sixth +to one-fourth, demand it by formal petition. This form is called the +optional Referendum. Employed to its utmost in Zurich, Schwyz, Berne, +Soleure, Bâle Land, Aargau, Thurgau, and the Grisons, in these cantons +the Referendum permits no law to be passed or expenditure beyond a +stipulated sum to be made by the legislature without a vote of the +people. This is known as the obligatory Referendum. Glarus, Uri, the +half cantons of Niwald and Obwald (Unterwald), and those of Outer and +Inner<a name="Page_13" id="Page_13"></a> Appenzell, as cantons, or demi-cantons, still practice the +democratic assemblage—the Landsgemeinde.</p> + +<p>In the following statistics, the reader may see at a glance the progress +of the Referendum to the present date, with the population of +Switzerland by cantons, and the difficulties presented by differences of +language in the introduction of reforms:—</p> + +<table summary="Cantons of Switzerland" class="borderedtable"> +<tr class="u"><td align="center">Canton.</td><td>No. inhab. <br />Dec., 1888.</td><td align="center">Language.</td><td>Form of Passing Laws.</td><td>Yr. of <br />Entry</td></tr> +<tr><td>Zurich</td><td align="right">337,183</td><td align="center">German.</td><td align="center">Oblig. Ref.</td><td align="center">1351</td></tr> +<tr><td>Berne</td><td align="right">536,679</td><td align="center">Ger. and French.</td><td align="center">"</td><td align="center">1353</td></tr> +<tr><td>Lucerne</td><td align="right">135,360</td><td align="center">German.</td><td align="center">Optional Ref.</td><td align="center">1332</td></tr> +<tr><td>Uri</td><td align="right">17,249</td><td align="center">Ger. and Italian.</td><td align="center">Landsgemeinde.</td><td align="center">1291</td></tr> +<tr><td>Schwyz</td><td align="right">50,307</td><td align="center">German.</td><td align="center">Oblig. Ref.</td><td align="center">"</td></tr> +<tr><td>Unterwald</td><td align="right"> </td><td align="center"> </td><td align="center"> </td><td align="center">"</td></tr> +<tr><td> Obwald</td><td align="right">15,041</td><td align="center">"</td><td align="center">Landsgemeinde.</td><td align="center"> </td></tr> +<tr><td> Niwald</td><td align="right">12,538</td><td align="center">"</td><td align="center">"</td><td align="center"> </td></tr> +<tr><td>Glarus</td><td align="right">33,825</td><td align="center">"</td><td align="center">"</td><td align="center">1352</td></tr> +<tr><td>Zug</td><td align="right">23,029</td><td align="center">"</td><td align="center">Optional Ref.</td><td align="center">"</td></tr> +<tr><td>Freiburg</td><td align="right">119,155</td><td align="center">French and Ger.</td><td align="center">Legislature.</td><td align="center">1481</td></tr> +<tr><td>Soleure</td><td align="right">85,621</td><td align="center">German.</td><td align="center">Oblig. Ref.</td><td align="center">"</td></tr> +<tr><td>Bâle</td><td align="right"> </td><td align="center"> </td><td align="center"> </td><td align="center">1501</td></tr> +<tr><td> City</td><td align="right">73,749</td><td align="center">"</td><td align="center">Optional Ref.</td><td align="center"> </td></tr> +<tr><td> Country</td><td align="right">61,941</td><td align="center">"</td><td align="center">Oblig. Ref.</td><td align="center"> </td></tr> +<tr><td>Schaffhausen</td><td align="right">37,783</td><td align="center">"</td><td align="center">Optional Ref.</td><td align="center">"</td></tr> +<tr><td>Appenzell</td><td align="right"> </td><td align="center"> </td><td align="center"> </td><td align="center">1573</td></tr> +<tr><td> Outer</td><td align="right">54,109</td><td align="center">"</td><td align="center">Landsgemeinde.</td><td align="center"> </td></tr> +<tr><td> Inner</td><td align="right">12,888</td><td align="center">"</td><td align="center">"</td><td align="center"> </td></tr> +<tr><td>St. Gall</td><td align="right">228,160</td><td align="center">"</td><td align="center">Optional Ref.</td><td align="center">1803</td></tr> +<tr><td>Grisons</td><td align="right">94,810</td><td align="center">Ger.,Ital.,Rom.</td><td align="center">Oblig. Ref.</td><td align="center">"</td></tr> +<tr><td>Aargau</td><td align="right">193,580</td><td align="center">German.</td><td align="center">"</td><td align="center">"</td></tr> +<tr><td>Thurgau</td><td align="right">104,678</td><td align="center">"</td><td align="center">"</td><td align="center">"</td></tr> +<tr><td>Ticino</td><td align="right">126,751</td><td align="center">Italian.</td><td align="center">Optional Ref.</td><td align="center">"</td></tr> +<tr><td>Vaud</td><td align="right">247,655</td><td align="center">French and Ger.</td><td align="center">"</td><td align="center">"</td></tr> +<tr><td>Valais</td><td align="right">101,985</td><td align="center">"</td><td align="center">Finance Ref.</td><td align="center">1814</td></tr> +<tr><td>Neuchâtel</td><td align="right">108,153</td><td align="center">French.</td><td align="center">Optional Ref.</td><td align="center">"</td></tr> +<tr><td>Geneva</td><td align="right" class="u">105,509</td><td align="center">"</td><td align="center">"</td><td align="center">"</td></tr> +<tr><td> </td><td align="right">2,917,740</td><td> </td><td> </td><td> </td></tr> +</table> + +<p>In round numbers, 2,092,000 of the Swiss people speak German, 637,000 +French, 156,000 Italian, and 30,000 Romansch. Of the principal cities, +in 1887,<a name="Page_14" id="Page_14"></a> Zurich, with suburbs, had 92,685 inhabitants; Bâle, 73,963; +Geneva, with suburbs, 73,504; Berne, 50,220; Lausanne, 32,954; and five +others from 17,000 to 25,000. Fourteen per cent of the inhabitants +(410,000) live in cities of more than 15,000. The factory workers number +161,000, representing about half a million inhabitants, and the peasant +proprietors nearly 260,000, representing almost two millions. The area +of Switzerland is 15,892 square miles,—slightly in excess of double +that of New Jersey. The population is slightly less than that of Ohio.</p> + + +<p><br /><i>Switzerland—The Youngest of Republics.</i></p> + +<p>It is misleading to suppose, as is often done, that the Switzerland of +today is the republic which has stood for six hundred years. In truth, +it is the youngest of republics. Its chief governmental features, +cantonal and federal, are the work of the present generation. Its unique +executive council, its democratic army organization, its republican +railway management, its federal post-office, its system of taxation, its +two-chambered congress, the very Confederation itself—all were +originated in the constitution of 1848, the first that was anything more +than a federal compact. The federal Referendum began only in 1874. The +federal Initiative has been just adopted (1891.)<a name="FNanchor_C_3" id="FNanchor_C_3"></a><a href="#Footnote_C_3" class="fnanchor">[C]</a> The form of cantonal +Referendum now practiced was but begun (in St. Gall) in 1830, and forty +years ago only five cantons had any Referendum whatever, and these in +the optional form. It is of very recent years that <a name="Page_15" id="Page_15"></a>the movement has +become steady toward the general adoption of the cantonal Referendum. In +1860 but 34 per cent of the Swiss possessed it, 66 per cent delegating +their sovereign rights to representatives. But in 1870 the +referendariship had risen to 71 per cent, only 29 submitting to +lawmaking officials; and today the proportions are more than 90 per cent +to less than 10.</p> + +<p>The thoughtful reader will ask: Why this continual progress toward a +purer democracy? Wherein lie the inducements to this persistent +revolution?</p> + +<p>The answer is this: The masses of the citizens of Switzerland found it +necessary to revolt against their plutocracy and the corrupt politicians +who were exploiting the country through the representative system. For a +peaceful revolution these masses found the means in the working +principles of their communal meetings—the Initiative and +Referendum,—and these principles they are applying throughout the +republic as fast as circumstances admit.<a name="FNanchor_D_4" id="FNanchor_D_4"></a><a href="#Footnote_D_4" class="fnanchor">[D]</a></p> + +<p>The great movement for democracy in Europe that culminated in the +uprising of 1848 brought to the front many original men, who discussed +innovations in government from every radical point of view. Among these +thinkers were Martin Rittinghausen, Emile Girardin, and Louis Blanc. +From September, 1850, to December, 1851, the date of the <i>coup d'état</i> +of Louis Bonaparte, these reformers discussed, in the "Democratic +<a name="Page_16" id="Page_16"></a>pacifique," a weekly newspaper of Paris, the subject of direct +legislation by the citizens. Their essays created a sensation in France, +and more than thirty journals actively supported the proposed +institution, when the <i>coup d'état</i> put an end to free speech. The +articles were reprinted in book form in Brussels, and other works on the +subject were afterward issued by Rittinghausen and his co-worker Victor +Considérant. Among Considérant's works was "Solution, ou gouvernement +direct du peuple," and this and companion works that fell into the hands +of Carl Bürkli convinced the latter and other citizens of Zurich ("an +unknown set of men," says Bürkli) of the practicability of the +democratic methods advocated. The subject was widely agitated and +studied in Switzerland, and the fact that the theory was already to some +extent in practice there (and in ancient times had been much practiced) +led to further experiments, and these, attaining success, to further, +and thus the work has gone on. The cantonal Initiative was almost +unknown outside the Landsgemeinde when it was established in Zurich in +1869. Soon, however, through it and the obligatory Referendum (to use +Herr Bürkli's words): "The plutocratic government and the Grand Council +of Zurich, which had connived with the private banks and railroads, were +pulled down in one great voting swoop. The people had grown tired of +being beheaded by the office-holders after every election." And +politicians and the privileged classes have ever since been going down +before these instruments in the hands of the <a name="Page_17" id="Page_17"></a>people. The doctrines of +the French theorists needed but to be engrafted on ancient Swiss custom, +the Frenchmen in fact having drawn upon Swiss experience.</p> + + +<p><br /><i>The Optional and the Obligatory Referendum.</i></p> + +<p>To-day the movement in the Swiss cantons is not only toward the +Referendum, but toward its obligatory form. The practice of the optional +form has revealed defects in it which are inherent.<a name="FNanchor_E_5" id="FNanchor_E_5"></a><a href="#Footnote_E_5" class="fnanchor">[E]</a></p> + +<p>Geneva's management of the optional cantonal Referendum is typical. The +constitution provides that, certain of the laws being excepted from the +Referendum, and a prerequisite of its operation being the presentation +to the Grand Council of a popular petition, the people may sanction or +reject not only the bulk of the laws passed by the Grand Council but +also the decrees issued by the legislative and executive powers. The +exceptions are (1) "measures of urgence" and (2) the items of the annual +budget, save such as establish a new tax, increase one in force, or +necessitate an issue of bonds. The Referendum cannot be exercised +against the budget as a whole, the Grand Council indicating the sections +which are to go to public vote. In case of opposition to any measure, a +petition for the Referendum is put in circulation. To prevent the +measure from becoming law, the petition must receive the legally +attested signatures of at least 3,500 citizens—about one in six of the +cantonal vote—within thirty <a name="Page_18" id="Page_18"></a>days after the publication of the proposed +measure. After this period—known as "the first delay"—the referendary +vote, if the petition has been successful, must take place within forty +days—"the second delay."</p> + +<p>The power of declaring measures to be "of urgence" lies with the Grand +Council, the body passing the measures. Small wonder, then, that in its +eyes many bills are of too much and too immediate importance to go to +the people. "The habit," protested Grand Councilor M. Putet, on one +occasion, "tends more and more to introduce itself here of decreeing +urgence unnecessarily, thus taking away from the Referendum expenses +which have nothing of urgence. This is contrary to the spirit of the +constitutional law. Public necessity alone can authorize the Grand +Council to take away any of its acts from the public control."</p> + +<p>Another defect in the optional Referendum is that it can be transformed +into a partisan weapon—politicians being ready, in Geneva, as in San +Francisco, to take advantage of the law for party purposes. For example, +the representatives of a minority party, seeking a concession from a +majority which has just passed a bill, will threaten, if their demands +are not granted, to agitate for the Referendum on the bill; this, though +the minority itself may favor the measure, some of its members, perhaps, +having voted for it. As the majority may be uncertain of the outcome of +a struggle at the polls, it will probably be inclined to make peace on +the terms dictated by the minority.<a name="Page_19" id="Page_19"></a></p> + +<p>But the most serious objections to the optional form arise in connection +with the petitioning. Easy though it be for a rich and strong party to +bear the expense of printing, mailing, and distributing petitions and +circulars, in case of opposition from the poorer classes the cost may +prove an insurmountable obstacle. Especially is it difficult to get up a +petition after several successive appeals coming close together, the +constant agitation growing tiresome as well as financially burdensome. +Hence, measures have sometimes become law simply because the people have +not had time to recover from the prolonged agitation in connection with +preceding propositions. Besides, each measure submitted to the optional +Referendum brings with it two separate waves of popular discussion—one +on the petition and one on the subsequent vote. On this point +ex-President Numa Droz has said: "The agitation which takes place while +collecting the necessary signatures, nearly always attended with strong +feeling, diverts the mind from the object of the law, perverts in +advance public opinion, and, not permitting later the calm discussion of +the measure proposed, establishes an almost irresistible current toward +rejection." Finally, a fact as notorious in Switzerland as vote-buying +in America, a large number of citizens who are hostile to a proposed law +may fear to record an adverse opinion by signing a Referendum list. +Their signatures may be seen and the unveiling of their sentiments +imperil their means of livelihood.</p> + +<p>Zurich furnishes the example of the cantons having <a name="Page_20" id="Page_20"></a>the obligatory +Referendum. There the law provides: 1. That all laws, decrees, and +changes in the constitution must be submitted to the people. 2. That all +decisions of the Grand Council on existing law must be voted on. 3. That +the Grand Council may submit decisions which it itself proposes to make, +and that, besides the voting on the whole law, the Council may ask a +vote on a special point. The Grand Council cannot put in force +provisionally any law or decree. The propositions must be sent to the +voters at least thirty days before voting. The regular referendary +ballotings take place twice a year, spring and autumn, but in urgent +cases the Grand Council may call for a special election. The law in this +canton assists the lawmakers—the voters—in their task; when a citizen +is casting his own vote he may also deposit that of one or two relatives +and friends, upon presenting their electoral card or a certificate of +authorization.</p> + +<p>In effect, the obligatory Referendum makes of the entire citizenship a +deliberative body in perpetual session—this end being accomplished in +Zurich in the face of every form of opposing argument. Formerly, its +adversaries made much of the fact that it was ever calling the voters to +the urns; but this is now avoided by the semi-annual elections. It was +once feared that party tickets would be voted without regard to the +merits of the various measures submitted; but it has been proved beyond +doubt that the fate of one proposition has no effect whatever on that of +another decid<a name="Page_21" id="Page_21"></a>ed at the same time. Zurich has pronounced on ninety-one +laws in twenty-eight elections, the votes indicating surprising +independence of judgment. When the obligatory form was proposed for +Zurich, its supporters declared it a sure instrument, but that it might +prove a costly one they were not prepared by experiment to deny. Now, +however, they have the data to show that taxes—unfailing reflexes of +public expenditure—are lower than ever, those for police, for example, +being only about half those of optional Geneva, a less populous canton. +To the prophets who foresaw endless partisan strife in case the +Referendum was to be called in force on every measure, Zurich has +replied by reducing partisanship to its feeblest point, the people +indifferent to parties since an honest vote of the whole body of +citizens must be the final issue of every question.</p> + +<p>The people of Zurich have proved that the science of politics is simple. +By refusing special legislation, they evade a flood of bills. By deeming +appropriations once revised as in most part necessary, they pay +attention chiefly to new items. By establishing principles in law, they +forbid violations. Thus there remain no profound problems of state, no +abstruse questions as to authorities, no conflict as to what is the law. +Word fresh from the people is law.</p> + + +<p><br /><i>The Federal Referendum.</i></p> + +<p>The Federal Referendum, first established by the constitution of 1874, +is optional. The demand for it <a name="Page_22" id="Page_22"></a>must be made by 30,000 citizens or by +eight cantons. The petition for a vote under it must be made within +ninety days after the publication of the proposed law. It is operative +with respect either to a statute as passed by the Federal Assembly +(congress), or a decree of the executive power. Of 149 Federal laws and +decrees subject to the Referendum passed up to the close of 1891 under +the constitution of 1874, twenty-seven were challenged by the necessary +30,000 petitioners, fifteen being rejected and twelve accepted. The +Federal Initiative was established by a vote taken on Sunday, July 5, +1891. It requires 50,000 petitioners, whose proposal must be discussed +by the Federal assembly and then sent within a prescribed delay to the +whole citizenship for a vote. The Initiative is not a petition to the +legislative body; it is a demand made on the entire citizenship.</p> + +<p>Where the cantonal Referendum is optional, a successful petition for it +frequently secures a rejection of the law called in question. In 1862 +and again in 1878, the canton of Geneva rejected proposed changes in its +constitution, on the latter occasion by a majority of 6,000 in a vote of +11,000. Twice since 1847 the same canton has decided against an increase +of official salaries, and lately it has declined to reduce the number of +its executive councilors from seven to five. The experience of the +Confederation has been similar. Between 1874 and 1880 five measures +recommended by the Federal Executive and passed by the Federal Assembly +were vetoed by a national vote.<a name="Page_23" id="Page_23"></a></p> + + +<p><br /><i>Revision of Constitutions.</i></p> + +<p>Revision of a constitution through the popular vote is common. Since +1814, there have been sixty revisions by the people of cantonal +constitutions alone. Geneva asks its citizens every fifteen years if +they wish to revise their organic law, thus twice in a generation +practically determining whether they are in this respect content. The +Federal constitution may be revised at any time. Fifty thousand voters +petitioning for it, or the Federal Assembly (congress) demanding it, the +question is submitted to the country. If the vote is in the affirmative, +the Council of States (the senate) and the National Council (the house) +are both dissolved. An election of these bodies takes place at once; the +Assembly, fresh from the people, then makes the required revision and +submits the revised constitution to the country. To stand, it must be +supported by a majority of the voters and a majority of the twenty-two +cantons.</p> + + +<p><br /><i>Summary.</i></p> + +<p>To sum up: In Switzerland, in this generation, direct legislation has in +many respects been established for the federal government, while in so +large a canton as Zurich, with nearly 340,000 inhabitants, it has also +been made applicable to every proposed cantonal law, decree, and +order,—the citizens of that canton themselves disposing by vote of all +questions of taxation, public finance, executive acts, state employment, +corporation grants, public works, and similar opera<a name="Page_24" id="Page_24"></a>tions of government +commonly, even in republican states, left to legislators and other +officials. In every canton having the Initiative and the obligatory +Referendum, all power has been stripped from the officials except that +of a stewardship which is continually and minutely supervised and +controlled by the voters. Moreover, it is possible that yet a few years +and the affairs not only of every canton of Switzerland but of the +Confederation itself will thus be taken in hand at every step.</p> + +<hr /> + +<p>Here, then, is evidence incontrovertible that pure democracy, through +direct legislation by the citizenship, is practicable—more, is now +practiced—in large communities. Next as to its effects, proven and +probable.</p> + + + +<hr style="width: 65%;" /> +<h2><a name="THE_PUBLIC_STEWARDSHIP_OF_SWITZERLAND" id="THE_PUBLIC_STEWARDSHIP_OF_SWITZERLAND" /><a name="Page_25" id="Page_25"></a>THE PUBLIC STEWARDSHIP OF SWITZERLAND.</h2> + + +<p>If it be conceived that the fundamental principles of a free society are +these: That the bond uniting the citizens should be that of contract; +that rights, including those in natural resources, should be equal, and +that each producer should retain the full product of his toil, it must +be conceded on examination that toward this ideal Switzerland has made +further advances than any other country, despite notable points in +exception and the imperfect form of its federal Initiative and +Referendum. Before particulars are entered into, some general +observations on this head may be made.</p> + + +<p><br /><i>The Political Status in Switzerland.</i></p> + +<p>An impressive fact in Swiss politics to-day is its peace. Especially is +this true of the contents and tone of the press. In Italy and Austria, +on the south and east, the newspapers are comparatively few, mostly +feeble, and in general subservient to party or government; in Germany, +on the north, where State Socialism is strong, the radical press is at +times turbulent and the government journals reflect the despotism they +uphold; in France, on the west and southwest, the public writers are +ever busy over the successive unstable cen<a name="Page_26" id="Page_26"></a>tral administrations at +Paris, which exercise a bureaucratic direction of every commune in the +land. In all these countries, men rather than measures are the objects +of discussion, an immediate important campaign question inevitably being +whether, when once in office, candidates may make good their +ante-election promises. Thus, on all sides, over the border from +Switzerland, political turmoil, with its rancor, personalities, false +reports, hatreds, and corruptions, is endless. But in Switzerland, +debate uniformly bears not on men but on measures. The reasons are +plain. Where the veto is possessed by the people, in vain may rogues go +to the legislature. With few or no party spoils, attention to public +business, and not to patronage or private privilege, is profitable to +office holders as well as to the political press.</p> + +<p>In the number of newspapers proportionate to population, Switzerland +stands with the United States at the head of the statistical list for +the world. In their general character, Swiss political journals are +higher than American. They are little tempted to knife reputations, to +start false campaign issues, to inflame partisan feeling; for every +prospective cantonal measure undergoes sober popular discussion the year +round, with the certain vote of the citizenship in view in the cantons +having the Landsgemeinde or the obligatory Referendum, and a possible +vote in most of the other cantons, while federal measures also may be +met with the federal optional Referendum.</p> + +<p>The purity and peacefulness of Swiss press and <a name="Page_27" id="Page_27"></a>politics are due to the +national development of today as expressed in appropriate institutions. +Of these institutions the most effective, the fundamental, is direct +legislation, accompanied as it is with general education. In education +the Swiss are preëminent among nations. Illiteracy is at a lower +percentage than in any other country; primary instruction is free and +compulsory in all the cantons; and that the higher education is general +is shown in the four universities, employing three hundred instructors.</p> + +<p>An enlightened people, employing the ballot freely, directly, and in +consequence effectively—this is the true sovereign governing power in +Switzerland. As to what, in general terms, have been the effects of this +power on the public welfare, as to how the Swiss themselves feel toward +their government, and as to what are the opinions of foreign observers +on the recent changes through the Initiative and Referendum, some +testimony may at this point be offered.</p> + +<p>In the present year, Mr. W.D. McCrackan has published in the "Arena" of +Boston his observations of Swiss politics. He found, he says, the +effects of the Referendum to be admirable. Jobbery and extravagance are +unknown, and politics, as there is no money in it, has ceased to be a +trade. The men elected to office are taken from the ranks of the +citizens, and are chosen because of their fitness for the work. The +people take an intelligent interest in every kind of local and federal +legislation, and have a full sense of their political responsibility. +The mass of useless or evil <a name="Page_28" id="Page_28"></a>laws which legislatures in other countries +are constantly passing with little consideration, and which have +constantly to be repealed, are in Switzerland not passed at all.</p> + +<p>In a study of the direct legislation of Switzerland, the "Westminster +Review," February, 1888, passed this opinion: "The bulk of the people +move more slowly than their representatives, are more cautious in +adopting new and trying legislative experiments, and have a tendency to +reject propositions submitted to them for the first time." Further: "The +issue which is presented to the sovereign people is invariably and +necessarily reduced to its simplest expression, and so placed before +them as to be capable of an affirmative or negative answer. In practice, +therefore, the discussion of details is left to the representative +assemblies, while the people express approval or disapproval of the +general principle or policy embraced in the proposed measure. Public +attention being confined to the issue, leaders are nothing. The +collective wisdom judges of merits."</p> + +<p>A.V. Dicey, the critic of constitutions, writes in the "Nation," October +8, 1885: "The Referendum must be considered, on the whole, a +conservative arrangement. It tends at once to hinder rapid change and +also to get rid of that inflexibility or immutability which, in the eyes +of Englishmen at least, is a defect in the constitution of the United +States."</p> + +<p>A Swiss radical has written me as follows: "The development given to +education during the last quar<a name="Page_29" id="Page_29"></a>ter of a century will have without doubt +as a consequence an improved judgment on the part of a large number of +electors. The press also has a rôle more preponderant than formerly. +Everybody reads. Certainly the ruling classes profit largely by the +power of the printing press, but with the electors who have received +some instruction the capitalist newspapers are taken with due allowance +for their sincerity. Their opinion is not accepted without inquiry. We +see a rapid development of ideas, if not completely new, at least +renewed and more widespread. More or less radical reviews and +periodicals, in large number, are not without influence, and their +appearance proves that great changes are imminent."</p> + +<p>Professor Dicey has contrasted the Referendum with the <i>plébiscite</i>: +"The Referendum looks at first sight like a French <i>plébiscite</i>, but no +two institutions can be marked by more essential differences. The +<i>plébiscite</i> is a revolutionary or at least abnormal proceeding. It is +not preceded by debate. The form and nature of the questions to be +submitted to the nation are chosen and settled by the men in power, and +Frenchmen are asked whether they will or will not accept a given policy. +Rarely, indeed, when it has been taken, has the voting itself been full +or fair. Deliberation and discussion are the requisite conditions for +rational decision. Where effective opposition is an impossibility, +nominal assent is an unmeaning compliment. These essential +characteristics, the lack of which deprives a French <i>plébiscite</i>, of +all moral significance, are the <a name="Page_30" id="Page_30"></a>undoubted properties of the Swiss +Referendum."</p> + +<p>In the "Revue des Deux Mondes," Paris, August, 1891, Louis Wuarin, an +interested observer of Swiss politics for many years, writes: "A people +may indicate its will, not from a distance, but near at hand, always +superintending the work of its agents, watching them, stopping them if +there is reason for so doing, constraining them, in a word, to carry out +the people's will in both legislative and administrative affairs. In +this form of government the representative system is reduced to a +minimum. The deliberative bodies resemble simple committees charged with +preparing work for an elected assembly, and here the elected assembly is +replaced by the people. This sovereign action in person in the +transaction of public business may extend more or less widely; it may be +limited to the State, or it may be extended to the province also, and +even to the town. To whatever extent this supervision of the people may +go, one thing may certainly be expected, which is that the supervision +will become closer and closer as time goes on. It never has been known +that citizens gave up willingly and deliberately rights acquired, and +the natural tendency of citizens is to increase their privileges. +Switzerland is an example of this type of democratic government.... +There is some reason for regarding parliamentary government—at least +under its classic and orthodox form of rivalry between two parties, who +watch each other closely, in order to profit by the faults of their +adversaries, who dispute with each other for power <a name="Page_31" id="Page_31"></a>without the +interests of the country, in the ardor of the encounter, being always +considered—as a transitory form in the evolution of democracy."</p> + +<p>The spirit of the Swiss law and its relation to the liberty of the +individual are shown in passages of the cantonal and federal +constitutions. That of Uri declares: "Whatever the Landsgemeinde, within +the limits of its competence, ordains, is law of the land, and as such +shall be obeyed," but: "The guiding principle of the Landsgemeinde shall +be justice and the welfare of the fatherland, not willfulness nor the +power of the strongest." That of Zurich: "The people exercise the +lawmaking power, with the assistance of the state legislature." That of +the Confederation: "All the Swiss people are equal before the law. There +are in Switzerland no subjects, nor privileges of place, birth, persons, +or families."</p> + +<p>In these general notes and quotations is sketched in broad lines the +political environment of the Swiss citizen of to-day. The social mind +with which he stands in contact is politically developed, is bent on +justice, is accustomed to look for safe results from the people's laws, +is at present more than ever inclined to trust direct legislation, and, +on the whole, is in a state of calmness, soberness, tolerance, and +political self-discipline.</p> + +<p>The machinery of public stewardship, subject to popular guidance, may +now be traced, beginning with the most simple form.<a name="Page_32" id="Page_32"></a></p> + + +<p><br /><i>Organization of the Commune.</i></p> + +<p>The common necessities of a Swiss neighborhood, such as establishing and +maintaining local roads, police, and schools, and administering its +common wealth, bring its citizens together in democratic assemblages. +These are of different forms.</p> + +<p>One form of such assemblage, the basis of the superstructure of +government, is the political communal meeting. "In it take place the +elections, federal, state, and local; it is the local unit of state +government and the residuary legatee of all powers not granted to other +authorities. Its procedure is ample and highly democratic. It meets +either at the call of an executive council of its own election, or in +pursuance of adjournment, and, as a rule, on a Sunday or holiday. Its +presiding officer is sometimes the <i>maire</i>, sometimes a special +chairman. Care is taken that only voters shall sit in the body of the +assembly, it being a rule in Zurich that the register of citizens shall +lie on the desk for inspection. Tellers are appointed by vote and must +be persons who do not belong to the village council, since that is the +local cabinet which proposes measures for consideration. Any member of +the assembly may offer motions or amendments, but usually they are +brought forward by the town council, or at least referred to that body +before being voted upon."<a name="FNanchor_F_6" id="FNanchor_F_6"></a><a href="#Footnote_F_6" class="fnanchor">[F]</a> The officials of the commune chosen in the +communal meeting, are one chief executive (who in French communes +usually has two assistants), a communal <a name="Page_33" id="Page_33"></a>council, which legislates on +the lesser matters coming up between communal meetings, and such minor +officials as are not left to the choice of the council.</p> + +<p>A second form of neighborhood assemblage is one composed only of those +citizens who have rights in the communal corporate domains and funds, +these rights being either inherited or acquired (sometimes by purchase) +after a term of purely political citizenship.</p> + +<p>A third form is the parish meeting, at which gather the members of the +same faith in the commune, or of even a smaller church district. The +Protestant, the Catholic, and the Jewish are recognized as State +religions—the Protestant alone in some cantons, the Catholic in others, +both in several, and both with the Jewish in others.</p> + +<p>A fourth form of local assembly is that of the school district, usually +a subdivision of a commune. It elects a board of education, votes taxes +to defray school expenses, supervises educational matters, and in some +districts elects teachers.</p> + +<p>Dividing the commune thus into voting groups, each with its appropriate +purpose, makes for justice. He who has a share in the communal public +wealth (forests, pastoral and agricultural lands, and perhaps funds), is +not endangered in this property through the votes of non-participant +newcomers. Nor are educational affairs mixed with general politics. And, +though State and religion are not yet severed, each form of belief is +largely left to itself; in some cantons provision is <a name="Page_34" id="Page_34"></a>made that a +citizen's taxes shall not go toward the support of a religion to which +he is opposed.</p> + + +<p><br /><i>Organization of Canton and Confederation.</i></p> + +<p>In no canton in Switzerland is there more than one legislative body: in +none is there a senate. The cities of Switzerland have no mayor, the +cantons have no governor, and, if the title be used in the American +sense, the republic has no President. Instead of the usual single +executive head, the Swiss employ an executive council. Hence, in every +canton a deadlock in legislation is impossible, the way is open for all +law demanded by a majority, and neither in canton nor Confederation is +one-man power known.</p> + +<p>The cantonal legislature is the Grand Council. "In the Landsgemeinde +cantons and those having the obligatory Referendum, it is little more +than a supervisory committee, preparing measures for the vote of the +citizens and acting as a check on the cantonal executive council. In the +remaining cantons (those having the optional Referendum), the +legislature has the power to spend money below a specified limit; to +enact laws of specified kinds, usually not of general application; and +to elect the more important officials, the amount of discretion [in the +different cantons] rising gradually till the complete representative +government is reached"<a name="FNanchor_G_7" id="FNanchor_G_7"></a><a href="#Footnote_G_7" class="fnanchor">[G]</a> in Freiburg, which resembles one of our +states. Though in several cantons the Grand Council meets every two +months for a few days'<a name="Page_35" id="Page_35"></a> session, in most of the cantons it meets twice a +year. The pay of members ranges from sixty cents to $1.20 per day. The +legislative bodies are large; the ratio in five cantons is one +legislator to every 1,000 inhabitants; in twelve it ranges from one to +187 up to one to 800, and in the remaining five from one to 1,000 to one +to 2,000. The Landsgemeinde cantons usually have fifty to sixty members; +Geneva, with 20,000 voters, has a hundred.</p> + +<p>In six of the twenty-two cantons, if a certain number of voters petition +for it, the question must be submitted to the people whether or not the +legislature shall be recalled and a new one elected.</p> + +<p>The formation of the Swiss Federal Assembly (congress), established in +1848, was influenced by the make-up of the American congress. The lower +house is elected by districts, as in the United States, the basis of +representation being one member to 20,000 inhabitants, and the number of +members 147. The term for this house is three years; the pay, four +dollars a day, during session, and mileage. The upper house, the Council +of States (senate), the only body of the kind in Switzerland, is +composed of two members from each canton. Cantonal law governing their +election, the tenure of their office is not the same: in some cantons +they are elected by the people, in others by the legislature; their pay +varies; their term of office ranges from one to three years. Their brief +terms and the fact that their more important functions, such as the +election of the federal executive council, take place in joint session +with the second chamber, render the <a name="Page_36" id="Page_36"></a>members of the "upper" house of +less weight in national affairs than those of the "lower."</p> + + +<p><br /><i>Swiss Executives.</i></p> + +<p>The executive councils of the cities, the cantons, and the Confederation +are all of one form. They are committees, composed of members of equal +rank. The number of members varies. Of cantonal executive councilors, +there are seven in eleven of the cantons, three, five, and nine in +others, and eleven in one. In addition to carrying out the law, the +executive council usually assists somewhat in legislation, the members +not only introducing but speaking upon measures in the legislative body +with which they are associated, without, however, having a vote. In +about half the cantons, the cantonal executive councils are elected by +the people; in the rest by the legislative body.</p> + +<p>Types of the executive councils are those of Geneva, city and canton. +The city executive council is composed of five members, elected by the +people for four years. The salary of its president is $800 a year; that +of the other four members, $600. The cantonal executive has seven +members; the salaries are: the president, $1,200; the rest, $1,000. In +both city and cantonal councils each member is the head of an +administrative department. The cantonal executive council has the power +to suspend the deliberations of the city executive council and those of +the communal councils whenever in its judgment these bodies transcend +their legal powers or refuse to conform to the law. In case <a name="Page_37" id="Page_37"></a>of such +suspension, a meeting of the cantonal Grand Council (the legislature) +must be called within a week, and if it approves of the action of the +cantonal executive, the council suspended is dissolved, and an election +for another must be had within a month, the members of the body +dissolved not being immediately eligible for re-election. The cantonal +executive council may also revoke the commissions of communal executives +(maires and adjoints), who then cannot immediately be re-elected. Check +to the extensive powers of the cantonal executive council lies in the +fact that its members are elected directly by the people and hold office +for only two years. But in cantons having the obligatory Referendum, +Geneva's methods, however advanced in the eyes of American republicans, +are not regarded as strictly democratic.</p> + + +<p><br /><i>The Federal Executive Council.</i></p> + +<p>The Swiss nation has never placed one man at its head. Prior to 1848, +executive as well as legislative powers were vested in the one house of +the Diet. Under the constitution adopted in that year, with which the +Switzerland as now organized really began, the present form of the +executive was established.</p> + +<p>This executive is the Federal Council, a board of seven members, whose +term is three years, and who are elected in joint session by the two +houses of the Federal Assembly (congress). The presiding officer of the +council, chosen as such by the Federal Assembly, is elected for one +year. He cannot be his own <a name="Page_38" id="Page_38"></a>successor. While he is nominally President +of the Confederation, Swiss treatises on the subject uniformly emphasize +the fact that he is actually no more than chairman of the executive +council. He is but "first among his equals" (<i>primus inter pares</i>). His +prerogatives—thus to describe whatever powers fall within his +duties—are no greater than those pertaining to the rest of the board. +Unlike the President of the United States, he has no rank in the army, +no power of veto, no influence with the judiciary; he cannot appoint +military commanders, or independently name any officials whatever; he +cannot enforce a policy, or declare war, or make peace, or conclude a +treaty. His name is not a by-word in his own country. Not a few among +the intelligent Swiss would pause a moment to recall his name if +suddenly asked: "Who is President this year?"</p> + +<p>The federal executive council is elected on the assembling of the +Federal Assembly after the triennial election for members of the lower +house. All Swiss citizens are eligible, except that no two members may +be chosen from the same canton. The President's salary is $2,605, that +of the other members $2,316. While in office, the councilors may not +perform any other public function, engage in any kind of trade, or +practice any profession. A member of the council is at the head of each +department of the government, viz.: Foreign Affairs, Interior, Justice +and Police, Military, Finances, Commerce and Agriculture, and +Post-Office and Railroads. The constitution directs a joint trans<a name="Page_39" id="Page_39"></a>action +of the business of the council by all the seven members, with the +injunction that responsibility and unity of action be not enfeebled. The +council appoints employés and functionaries of the federal departments. +Each member may present a nomination for any branch, but names are +usually handed in by the head of the department in which the appointment +is made. As a minority of the board is uniformly composed of members of +the political party not, if it may be so described, "in power," purely +partisan employments are difficult. Removals of federal office-holders +in order to repay party workers are unheard of.</p> + +<p>The executive council may employ experts for special tasks, it has the +right to introduce bills in the Federal Assembly, and each councilor has +a "consultative voice" in both houses. In practice, the council is +simply an executive commission expressing the will of the assembly, the +latter having even ordered the revision of regulations drawn up by the +council for its employés at Berne. The acts of the assembly being liable +to the Referendum, connection with the will of the people is +established. Thus popular sovereignty finally, and quite directly, +controls.</p> + +<p>While both legislators and executives are elected for short terms, it is +customary for the same men to serve in public capacities a long time. +Though the people may recall their servants at brief intervals, they +almost invariably ask them to continue in service. Employés keep their +places at their will during good behavior. This custom extends to the +higher offices <a name="Page_40" id="Page_40"></a>filled by appointment. One minister to Paris held the +position for twenty-three years; one to Rome, for sixteen. Once elected +to the federal executive council, a public man may regard his office as +a permanency. Of the council of 1889, one member had served since 1863, +another since 1866. Up to 1879 no seat in the council had ever become +vacant excepting through death or resignation.</p> + + +<p><br /><i>Features of the Judiciary.</i></p> + +<p>Civil and criminal courts are separate. The justice of the peace sits in +a case first as arbitrator, and not until he fails in that capacity does +he assume the chair of magistrate. His decision is final in cases +involving sums up to a certain amount, varying in different localities. +Two other grades of court are maintained in the canton, one sitting for +a judicial subdivision called a district, and a higher court for the +whole canton. Members of the district tribunal, consisting of five or +seven members, are commonly elected by the people, their terms varying, +with eight years as the longest. The judges of the cantonal courts as a +rule are chosen by the Grand Council; their number seven to thirteen; +their terms one to eight years. The cantonal court is the court of last +resort. The Federal Tribunal, which consists of nine judges and nine +alternates, elected for six years, tries cases between canton and canton +or individual and canton. For this bench practically all Swiss citizens +are eligible. The entire judicial system seems designed for the speedy +trial of cases and the discouragement of litigation.<a name="Page_41" id="Page_41"></a></p> + +<p>No court in Switzerland, not even the Federal Tribunal, can reverse the +decisions of the Federal Assembly (congress). This can be done only by +the people.</p> + +<p>The election by the Assembly of the Federal Tribunal—as well as of the +federal executive—has met with strong opposition. Before long both +bodies may be elected by popular vote.</p> + +<p>Swiss jurors are elected by the people and hold office six years. In +French and German Switzerland, there is one such juror for every +thousand inhabitants, and in Italian Switzerland one for every five +hundred. To a Swiss it would seem as odd to select jurors haphazard as +to so select judges.</p> + +<p>In most of the manufacturing cantons, councils of prud'hommes are +elected by the people. The various industries and professions are +classified in ten groups, each of which chooses a council of prud'hommes +composed of fifteen employers and fifteen employés. Each council is +divided into a bureau of conciliation, a tribunal of prud'hommes, and a +chamber of appeals, cases going on appeal from one board to another in +the order named. These councils have jurisdiction only in the trades, +their sessions relating chiefly to payment for services and contracts of +apprenticeship.</p> + + +<p><br /><i>A Democratic Army.</i></p> + +<p>In surveying the simple political machinery of Switzerland, the +inquirer, remembering the fate of so many republics, may be led to ask +as to the danger of its overthrow by the Swiss army. The reply is that, +<a name="Page_42" id="Page_42"></a>here, again, so far as may be seen, the nation has wisely planned +safeguards. To show how, and as the Swiss army differs widely from all +others in its organization, some particulars regarding it are here +pertinent.</p> + +<p>The more important features of the Swiss military system, established in +1874, are as follows: There is no Commander-in-chief in time of peace. +There is no aristocracy of officers. Pensions are fixed by law. There is +no substitute system. Every citizen not disabled is liable either to +military duty or to duties essential in time of war, such as service in +the postal department, the hospitals, or the prisons. Citizens entirely +disabled and unfit for the ranks or semi-military service are taxed to a +certain per centage of their property or income. No canton is allowed to +maintain more than three hundred men under arms without federal +authority.</p> + +<p>Though there is no standing army, every man in the country between the +ages of seventeen and fifty is enrolled and subject annually either to +drill or inspection. On January 1, 1891, the active army, comprising all +unexempt citizens between twenty and thirty-two years, contained 126,444 +officers and men; the first reserve, thirty-three to forty-four years, +80,795; the second reserve, all others, 268,715; total, 475,955. The +Confederation can place in the field in less than a week more than +200,000 men, armed, uniformed, drilled, and every man in his place.</p> + +<p>On attaining his twentieth year, every Swiss youth <a name="Page_43" id="Page_43"></a>is summoned before a +board of physicians and military officers for physical and mental +examination. Those adjudged unfit for service are exempted—temporarily +if the infirmity may pass away, for life if it be permanent. The tax on +exempted men is $1.20 plus thirty cents per year for $200 of their +wealth or $20 of their income, until the age of thirty-two years, and +half these sums until the age of forty-four. On being enrolled in his +canton, the soldier is allowed to return home. He takes with him his +arms and accoutrements, and thenceforth is responsible for them. He is +ever ready for service at short call. Intrusting the soldiery with their +outfit reduces the number of armories, thus cutting down public +expenditures and preventing loss through capture in case of sudden +invasion by an enemy.</p> + +<p>In the Swiss army are eight divisions of the active force and eight of +the reserve, adjoining cantons uniting to form a division. Each summer +one division is called out for the grand man[oe]uvres, all being brought +out once in the course of eight years.</p> + +<p>In case of war a General is named by the Federal Assembly. At the head +of the army in time of peace is a staff, composed of three colonels, +sixteen lieutenant colonels and majors, and thirty-five captains.</p> + +<p>The cost of maintaining the army is small, on an average $3,500,000 a +year. Officers and soldiers alike receive pay only while in service. If +wounded or taken ill on duty, a man in the ranks may draw up to $240 a +year pension while suffering disability. Lesser <a name="Page_44" id="Page_44"></a>sums may be drawn by +the family of a soldier who loses his life in the service.</p> + +<p>At Thoune, near Berne, is the federal military academy. It is open to +any Swiss youth who can support himself while there. Not even the +President of the Confederation may in time of peace propose any man for +a commission who has not studied at the Thoune academy. A place as +commissioned officer is not sought for as a fat office nor as a ready +stepping-stone to social position. As a rule only such youths study at +Thoune as are inclined to the profession of arms. Promotion is according +to both merit and seniority. Officers up to the rank of major are +commissioned by the cantons, the higher grades by the Confederation.</p> + +<hr /> + +<p>In Switzerland, then, the military leader appears only when needed, in +war; he cannot for years afterward be rewarded by the presidency; +pensions cannot be made perquisites of party; the army, <i>i.e.</i> the whole +effective force of the nation, will support, and not attempt to subvert, +the republic.</p> + + +<p><br /><i>The True Social Contract.</i></p> + +<p>The individual enters into social life in Switzerland with the +constitutional guarantee that he shall be independent in all things +excepting wherein he has inextricable common interests with his fellows.</p> + +<p>Each neighborhood aims, as far as possible, to govern itself, so +subdividing its functions that even in these no interference with the +individual shall occur <a name="Page_45" id="Page_45"></a>that may be avoided. Adjoining neighborhoods +next form a district and as such control certain common interests. Then +a greater group, of several districts, unite in the canton. Finally +takes place the federation of all the cantons. At each of these +necessary steps in organizing society, the avowed intention of the +masses concerned is that the primary rights of the individual shall be +preserved. Says the "Westminster Review": "The essential characteristic +of the federal government is that each of the states which combine to +form a union retains in its own hands, in its individual capacity, the +management of its own affairs, while authority over matters common to +all is exercised by the states in their collective and corporate +capacity." And what is thus true of Confederation with respect to the +independence of the canton is equally true of canton with respect to the +commune, and of the commune with respect to the individual. No departure +from home rule, no privileged individuals or corporations, no special +legislation, no courts with powers above the people's will, no legal +discriminations whatever—such their aim, and in general their +successful aim, the Swiss lead all other nations in leaving to the +individual his original sovereignty. Wherever this is not the fact, +wherever purpose fails fulfillment, the cause lies in long-standing +complications which as yet have not yielded to the newer democratic +methods. On the side of official organization, one historical abuse +after another has been attacked, resulting in the simple, +smooth-running, neces<a name="Page_46" id="Page_46"></a>sary local and national stewardships described. On +the side of economic social organization, a concomitant of the political +system, the progress in Switzerland has been remarkable. As is to be +seen in the following chapter, in the management of natural monopolies +the democratic Swiss, beyond any other people, have attained justice, +and consequently have distributed much of their increasing wealth with +an approach to equity; while in the system of communal lands practiced +in the Landsgemeinde cantons is found an example to land reformers +throughout the world.</p> + + + +<hr style="width: 65%;" /> +<h2><a name="THE_COMMON_WEALTH_OF_SWITZERLAND" id="THE_COMMON_WEALTH_OF_SWITZERLAND" /><a name="Page_47" id="Page_47"></a>THE COMMON WEALTH OF SWITZERLAND.</h2> + + +<p>Unless producers may exercise equal right of access to land, the first +material for all production, they stand unequal before the law; and if +one man, through legal privilege given to another, is deprived of any +part of the product of his labor, justice does not reign. The economic +question, then, under any government, relates to legal privilege—to +monopoly, either of the land or its products.</p> + +<p>With the non-existence of the exclusive enjoyment of monopolies by some +men—monopolies in the land, in money-issuing, in common public +works—each producer would retain his entire product excepting his +taxes. This end secured, there would remain no politico-economic problem +excepting that of taxation.</p> + +<p>Of recent years the Swiss have had notable success in preventing from +falling into private hands certain monopolies that in other countries +take from the many to enrich a few. Continuing to act on the principles +observed, they must in time establish not only equal rights in the land +but the full economic as well as political sovereignty of the +individual.</p> + + +<p><br /><i>Land and Climate.</i></p> + +<p>Glance at the theatre of the labor of this people. Switzerland, with +about 16,000 square miles, equals in <a name="Page_48" id="Page_48"></a>area one-third of New York. Of its +territory, 30 per cent—waterbeds, glaciers, and sterile mountains—is +unproductive. Forests cover 18 per cent. Thus but half the country is +good for crops or pasture. The various altitudes, in which the climate +ranges from that of Virginia to that of Labrador, are divided by +agriculturists into three zones. The lower zone, including all lands +below a level of 2,500 feet above the sea, touches, at Lake Maggiore, in +the Italian canton of Ticino, its lowest point, 643 feet above the sea. +In this zone are cultivated wheat, barley, and other grains, large crops +of fruit, and the vine, the latter an abundant source of profit. The +second zone, within which lies the larger part of the country, includes +the lower mountain ranges. Its altitudes are from 2,500 to 5,000 feet, +its chief growth great forests of beech, larch, and pine. Above this +rises the Alpine zone, upon the steep slopes of which are rich pastures, +the highest touching 10,000 feet, though they commonly reach but 8,000, +where vegetation becomes sparse and snow and glaciers begin. In these +mountains, a million and a half cattle, horses, sheep, and goats are fed +annually. In all, Switzerland is not fertile, but rocky, mountainous, +and much of it the greater part of the year snow-covered.</p> + +<p>Whatever the individual qualities of the Swiss, their political +arrangements have had a large influence in promoting the national +well-being. This becomes evident with investigation. Observe how they +have placed under public control monopolies that in other countries +breed millionaires:—<a name="Page_49" id="Page_49"></a></p> + + +<p><br /><i>Railroads.</i></p> + +<p>One bureau of the Post-Office department exercises federal supervision +over the railroads, a second manages the mail and express services, and +a third those of the telegraph and telephone.</p> + +<p>Of railroads, there are nearly 2,000 miles. Their construction and +operation have been left to private enterprise, but from the first the +Confederation has asserted a control over them that has stopped short +only of management. Hence there are no duplicated lines, no +discriminations in rates, no cities at the mercy of railroad +corporations, no industries favored by railroad managers and none +destroyed. The government prescribes the location of a proposed line, +the time within which it must be built, the maximum tariffs for freight +and passengers, the minimum number of trains to be run, and the +conditions of purchase in case the State at any time should decide to +assume possession. Provision is made that when railway earnings exceed a +certain ratio to capital invested, the surplus shall be subjected to a +proportionately increased tax. Engineers of the Post-Office department +superintend the construction and repair of the railroads, and +post-office inspectors examine and pass upon the time-tables, tariffs, +agreements, and methods of the companies. Hence falsification of reports +is prevented, stock watering and exchange gambling are hampered, and +"wrecking," as practiced in the United States, is unknown.</p> + +<p>Owing to tunnels, cuts, and bridges, the construc<a name="Page_50" id="Page_50"></a>tion of the Swiss +railway system has been costly; Mulhall's statistics give Switzerland a +higher ratio of railway capital to population than any other country in +Europe. Yet the service is cheap, passenger tariffs being considerably +less than in France and Great Britain, and, about the same as in +Germany, within a shade as low as the lowest in Europe.</p> + +<p>Differing from the narrow compartment railway carriages of other +European countries, the passenger cars of Switzerland are generally +built on the American plan, so that the traveler is enabled to view the +scenery ahead, behind, and on both sides. For circular tours, the +companies make a reduction of 25 per cent on the regular fare. At the +larger stations are interpreters who speak English. Unlike the service +in other Continental countries, third class cars are attached to all +trains, even the fastest. On the whole, despite the highest railroad +investment per head in Europe, Switzerland has the best of railway +service at the lowest of rates, the result of centralized State control +coupled with free industry under the limitations of that control. In the +ripest judgment of the nation up to the present, this system yields +better results than any other: by a referendary vote taken in December, +1891, the people refused to change it for State ownership of railroads.</p> + + +<p><br /><i>Mails, the Telegraph, the Telephone, and Highways.</i></p> + +<p>The Swiss postal service is a model in completeness, cheapness, and +dispatch. Switzerland has 800 post-<a name="Page_51" id="Page_51"></a>offices and 2,000 dépôts where +stamps are sold and letters and packages received. Postal cards cost 1 +cent; to foreign countries, 2 cents, and with return flap, 4. For +half-ounce letters, within a circuit of six miles, the cost is 1 cent; +for letters for all Switzerland, up to half a pound, 2 cents; for +printed matter, one ounce, two-fifths of a cent; to half a pound, 1 +cent; one pound, 2 cents; for samples of goods, to half a pound, 1 cent; +one pound, 2 cents.</p> + +<p>There are 1,350 telegraph offices open to the public. A dispatch for any +point in Switzerland costs 6 cents for the stamp and 1 cent for every +two words.</p> + +<p>The Swiss Post-Office department has many surprises in store for the +American tourist. Mail delivery everywhere free, even in a rural commune +remote from the railroad he may see a postman on his rounds two or three +times a day. When money is sent him by postal order, the letter-carrier +puts the cash in his hands. If he wishes to send a package by express, +the carrier takes the order, which soon brings to him the postal express +wagon. A package sent him is delivered in his room. At any post-office +he may subscribe for any Swiss publication or for any of a list of +several thousand of the world's leading periodicals. When roving in the +higher Alps, in regions where the roads are but bridle paths, the +tourist may find in the most unpretending hotel a telegraph office. If +he follows the wagon roads, he may send his hand baggage ahead by the +stage coach and at the end of his day's walk find it at his +destination.<a name="Page_52" id="Page_52"></a></p> + +<p>There are three hundred stage routes in Switzerland, all operated under +the Post-Office department, private posting on regular routes being +prohibited. The department owns the coaches; contractors own the horses +and other material. From most of the termini, at least two coaches +arrive and depart daily. Passengers, first and second class, are +assigned to seats in the order of purchasing tickets. Every passenger in +waiting at a stage office on the departure of a coach must by law be +provided with conveyance, several supplementary vehicles often being +thus called into employ. A postal coach may be ordered at an hour's +notice, even on the mountain routes. Coach fare is 6 cents a mile; in +the Alps, 8. Each passenger is allowed thirty-three pounds of baggage; +in the Alps, twenty-two. Return tickets are sold at a reduction of 10 +per cent.</p> + +<p>The cantonal wagon roads of Switzerland are unequaled by any of the +highways in America. They are built by engineers, are solidly made, are +macadamized, and are kept in excellent repair. The Alpine post roads are +mostly cut in or built out upon the steep mountain sides. Not +infrequently, they are tunneled through the massive rocky ribs of great +peaks. Yet their gradient is so easy that the average tourist walks +twenty-five miles over them in a short day. The engineering feats on +these roads are in many cases notable. On the Simplon route a wide +mountain stream rushes down over a post-road tunnel, and from within the +traveler may see through the gallery-like windows <a name="Page_53" id="Page_53"></a>the cataract pouring +close beside him down into the valley. On the route that passes the +great Rhone glacier, the road ascends a high mountain in a zigzag that, +as viewed in front from the valley below, looks like a colossal +corkscrew. This road is as well kept as the better turnpikes of New +York, teams moving at a fast walk in ascending and at a trot in +descending, though the region is barren and uninhabitable, and wintry +nine months in the year. These two examples, however, give but a faint +idea of the vast number of similar works. The federal treasury +appropriates to several of the Alpine cantons, in addition to the sums +so expended by the local administrations, from $16,000 to $40,000 a year +for the maintenance of their post roads.</p> + +<p>With lower postage than any other country, the net earnings of the Swiss +postal system for 1889 were $560,000. This, however, is but a fraction +of the real gain to the nation from this source. Without their roads, +railroads, stage lines, and mail facilities, their hotels, numbering +more than one thousand and as a rule excellently managed, could not be +maintained for the summer rush of foreign tourists, worth to the country +many million dollars a year. The finest Alpine scenery is by no means +confined to Swiss boundaries, but within these lines the comforts of +travel far surpass those in the neighboring mountainous countries. In +Savoy, Lombardy, and the Austrian Tyrol, the traveler must be prepared +to put up with comparatively antiquated methods and primitive +accommodations.<a name="Page_54" id="Page_54"></a></p> + +<p>Yet, previous to 1849, each Swiss canton had its own postal +arrangements, some cantons farming out their systems either to other +cantons or to individuals. In each canton the service, managed +irrespective of federal needs, was costly, and Swiss postal systems, as +compared with those of France and Germany, were notoriously behindhand.</p> + + +<p><br /><i>Banking.</i></p> + +<p>While the Confederation coins the metallic money current in the country, +it is forbidden by the constitution to monopolize the issue of notes or +guarantee the circulation of any bank. For the past ten years, however, +it has controlled the circulation of the banks, the amount of their +reserve fund, and the publication of their reports.<a name="FNanchor_H_8" id="FNanchor_H_8"></a><a href="#Footnote_H_8" class="fnanchor">[H]</a> The latter may be +called for at the discretion of the executive council, in fact even +daily.</p> + +<p>There are thirty-five banks of issue doing business under cantonal law. +Of these, eighteen, known as cantonal banks, either are managed or have +their notes guaranteed by the respective cantons. Thus, while banking +and money-issuing are free, the cantonal banks insure a requisite note +circulation, minimizing the rate of interest and reducing its +fluctuations. The setting up of cantonal banks, in order to withdraw +privileges from licensed banks, was one of the public questions agitated +by social reformers and decided in several of the cantons by direct +legislation.</p> + + +<p><br /><i>Taxes.</i></p> + +<p>The framework of this little volume does not admit <a name="Page_55" id="Page_55"></a>so much as an +outline of the various methods of taxation practiced in Switzerland. As +in all countries, they are complex. But certain significant results of +direct legislation are to be pointed out. In all the cantons there is a +strong tendency to raise revenue from direct, as opposed to indirect, +taxes, and from progressive taxation according to fortune. The +following, from an editorial in the "Christian Union," February 12, +1891, so justly and briefly puts the facts that I prefer printing it +rather than words of my own, which might lie under suspicion of being +tinged with the views of a radical: "With the democratic revolution of +1830 the people demanded that direct taxation should be introduced, and +since the greater revolution of 1848 they have been steadily replacing +the indirect taxes upon necessities by direct taxes upon wealth. In +Zurich, for example—where in the first part of this century there were +no direct taxes—in 1832 indirect taxation supplied four-fifths of the +local revenue; to-day it supplies but one-seventeenth. The canton raises +thirty-two francs per capita by direct taxation where it raises but two +by indirect taxation. This change has accompanied the transformation of +Switzerland from a nominal to a real democracy. By the use of direct +taxation, where every man knows just how much he pays, and by the use of +the Referendum, where the sense of justice of the entire public is +expressed as to how tax burdens should be distributed, Switzerland has +developed a system by which the division of society into the harmfully +rich and wretchedly poor has been <a name="Page_56" id="Page_56"></a>checked, if not prevented. In the +most advanced cantons, as has been brought out by Professor Cohn in the +'Political Science Quarterly,' the taxes, both on incomes and on +property, are progressive. In each case a certain minimum is exempted. +In the case of incomes, the progression is such that the largest incomes +pay a rate five times as heavy as the very moderate ones; while in the +case of property, the largest fortunes pay twice as much as the +smallest. The tax upon inheritances has been most strongly developed. In +the last thirty years it has been increased sixfold. The larger the +amount of property, and the more distant the relative to whom it has +been bequeathed, the heavier the rate is made. It is sometimes as high +as 20 per cent. Speaking upon this point, the New York 'Evening Post' +correspondent says: 'Evidently there are few countries that do so much +to discourage the accumulation of vast fortunes; and, in fact, +Switzerland has few paupers and few millionaires.'"</p> + +<p>Until 1848, each canton imposed cantonal tariff duties on imported +goods, and, as is yet the case in most continental countries, until a +few years ago the larger cities imposed local import duties (<i>octrois</i>). +But the <i>octroi</i> is now a thing of the past, and save in one respect the +cantons have abolished cantonal tariffs. The mining of salt being under +federal control, and the retail price regulated by each canton for +itself, supervision of imports of salt into each canton becomes +necessary.</p> + +<p>The "Statesmen's Year Book" (1891) gives the debts <a name="Page_57" id="Page_57"></a>of all the cantons +of Switzerland as inconsiderable, while the federal debt, in 1890 but +eleven million dollars, is less than half the federal assets in stocks +and lands. In summing up at the close of his chapter on "State and Local +Finance," Prof. Vincent says: "On the whole, the expenditures of +Switzerland are much less than those of neighboring states. This may be +ascribed in part to the lighter military burden, in part to the fact +that no monarchs and courts must be supported, and further, to the +inclinations of the Swiss people for practical rather than ornamental +matters." And he might pertinently have added, "and to the fact that the +citizens themselves hold the public purse-strings."</p> + + +<p><br /><i>Limitations to Swiss Freedom.</i></p> + +<p>Certain stumbling blocks stand in the way of sweeping claims as to the +freedom enjoyed in Switzerland. One is asked: What as to the suppression +of the Jesuits and the Salvation Army? As to the salt and alcohol +monopolies of the State? As to the federal protective tariff? What as to +the political war two years ago in Ticino?</p> + +<p>Two mutually supporting forms of reply are to be made to these queries. +One relates to the immediate circumstances under which each of the +departures from freedom cited have taken place; the other to historical +conditions affecting the development of the Swiss democracy of to-day.</p> + +<p>As to the first of these forms of reply:<a name="Page_58" id="Page_58"></a></p> + +<p>In the decade previous to 1848 occurred the religious disturbances that +ended in the war of the Sonderbund (secession), when several Catholic +cantons endeavored to dissolve the loose federal pact under which +Switzerland then existed. On the defeat of the secessionists, the +movement for a closer federation—for a Confederation—received an +impetus, which resulted in the present union. By an article of the +constitution then substituted for the pact, convents were abolished and +the order of the Jesuits forbidden on Swiss soil. Both had endangered +the State. Mild, indeed, is this proscription when compared with the +effects of the religious hatreds fostered for centuries between +territories now Swiss cantons. In the judgment of the majority this +restriction of the freedom of a part is essential to that enjoyed by the +nation as a whole.</p> + +<p>The exercises of the Salvation Army fell under the laws of the +municipalities against nuisances. The final judicial decision in this +case was in effect that while persons of every religious belief are free +to worship in Switzerland, none in doing so are free seriously to annoy +their neighbors.</p> + +<p>The present federal protective tariff was imposed just after the federal +Referendum (optional) had been called into operation on several other +propositions, and, the public mind weary of political agitation, demand +for the popular vote on the question was not made. The Geneva +correspondent of the Paris "Temps" wrote of the tariff when it was +adopted in 1884: "This tariff has sacrificed the interest of the <a name="Page_59" id="Page_59"></a>whole +of the consumers to temporary coalitions of private interests. It would +have been shattered like a card house had it been submitted to the vote +of the people." In imposing the tariff, the Federal Assembly in +self-defense followed the action of other Continental governments. Many +raw materials necessary to manufactures were, however, exempted and the +burden of the duties placed on luxuries. As it is, Switzerland, without +being able to obtain a pound of cotton except by transit through regions +of hostile tariffs, maintains a cotton manufacturing industry holding a +place among the foremost of the Continent, while her total trade per +head is greater than that of any other country in Europe.</p> + +<p>The days of the federal salt monopoly are numbered. The criticisms it +has of late evoked portend its end. A popular vote may finish it at any +time.</p> + +<p>The State monopoly of alcohol, begun in 1887, is as yet an experiment. +Financially, it has thus far been moderately successful, though +smuggling and other evasions of the law go on on a large scale. The +nation, yet in doubt, is awaiting developments. With a reaction, +confidently predicted by many, against high tariffs and State +interference with trade, the monopoly may be abolished.</p> + +<p>The little war in Ticino was the expiring spasm of the ultramontanes, +desperately struggling against the advance of the Liberals armed with +the Referendum. The reactionaries were suppressed, and the people's law +made to prevail. The story, now to be read in the <a name="Page_60" id="Page_60"></a>annual reference +books, is a chronicle that cannot fail to win approval for democracy as +an agency of peace and justice.</p> + +<hr /> + +<p>The explanations conveyed in these facts imply yet a deeper cause for +the lapses from freedom in question. This cause is that Switzerland, in +many cantons for centuries undemocratic, is not yet entirely democratic. +Law cannot rise higher than its source. The last step in democracy +places all lawmaking power directly and fully in the hands of the +majority, but if by the majority justice is dimly seen, justice will be +imperfectly done. No more may be asserted for democracy than this: (1) +That under the domination of force, at present the common state of +mankind, escape from majority rule in some form is impossible. (2) That +hence justice as seen by the majority, exercising its will in conditions +of equality for all, marks the highest justice obtainable. In their +social organization and practice, the Swiss have advanced the line of +justice to where it registers their political,—their mental and +moral,—development. Above that, manifestly, it cannot be carried.</p> + +<p>Despite a widespread impression to the contrary, the traditions for ages +of nearly all that now constitutes Swiss territory have been of tyranny +and not of liberty. In most of that territory, in turn, bishop, king, +noble, oligarch, and politician governed, but until the past half +century, or less, never the masses. Half the area of Switzerland, at +present containing 40 per cent <a name="Page_61" id="Page_61"></a>of the inhabitants, was brought into the +federation only in the present century. Of this recent accession, +Geneva, for a brief term part of France, had previously long been a pure +oligarchy, and more remotely a dictatorship; Neuchâtel had been a +dependency of the crown of Prussia, never, in fact, fully released until +1857; Valais and the Grisons, so-called independent confederacies, had +been under ecclesiastical rule; Ticino had for three centuries been +governed as conquered territory, the privilege of ruling over it +purchased by bailiffs from its conquerors, the ancient Swiss League—"a +harsh government," declares the Encyclopædia Britannica, "one of the +darkest passages of Swiss history." Of the older Switzerland, Bâle, +Berne, and Zurich were oligarchical cities, each holding in feudality +extensive neighboring regions. Not until 1833 were the peasants of Bâle +placed on an equal footing with the townspeople, and then only after +serious disturbances. And the inequalities between lord and serf, victor +and vanquished, voter and disfranchised, existed in all the older states +save those now known as the Landsgemeinde cantons. Says Vincent: "Almost +the only thread that held the Swiss federation together was the +possession of subject lands. In these they were interested as partners +in a business corporation. Here were revenues and offices to watch and +profits to divide, and matters came to such a pass that almost the only +questions upon which the Diet could act in concert were the inspection +of accounts and other affairs connected <a name="Page_62" id="Page_62"></a>with the subject territories. +The common properties were all that prevented complete rupture on +several critical occasions. Another marked feature in the condition of +government was the supremacy gained by the patrician class. +Municipalities gained the upper hand over rural districts, and within +the municipalities the old families assumed more and more privileges in +government, in society, and in trade. The civil service in some +instances became the monopoly of a limited number of families, who were +careful to perpetuate all their privileges. Even in the rural +democracies there was more or less of this family supremacy visible. +Sporadic attempts at reform were rigorously suppressed in the cities, +and government became more and more petrified into aristocracy. A study +of this period of Swiss history explains many of the provisions found in +the constitutions of today, which seem like over-precaution against +family influence. The effect of privilege was especially grievous, and +the fear of it survived when the modern constitutions were made."</p> + +<p>Here, plainly, are the final explanations of any shortcomings in Swiss +liberty. In those parts of Switzerland where these shortcomings are +serious, modern ideas of equality in freedom have not yet gained +ascendency over the ages-honored institution of inequality. Progress is +evident, but the goal of possible freedom is yet distant. How, indeed, +could it be otherwise when in several cantons it was only in 1848, with +the Confederation, that manhood suffrage was established?<a name="Page_63" id="Page_63"></a></p> + +<p>But how, it may be inquired, did the name of Swiss ever become the +synonym of liberty? This land whose soldiery hired out as mercenaries to +foreign princes, this League of oppressors, this hotbed of religious +conflicts and persecutions,—how came it to be regarded as the home of a +free people!</p> + +<p>The truth is that the traditional reputation of the whole country is +based on the ancient character of a part. The Landsgemeinde cantons +alone bear the test of democratic principles. Within them, indeed, for a +thousand years the two primary essentials of democracy have prevailed. +They are:</p> + +<p>(1) That the entire citizenship vote the law.</p> + +<p>(2) That land is not property, and its sole just tenure is occupancy and +use.</p> + +<p>The first-named essential is yet in these cantons fully realized; +largely, also, is the second.</p> + + +<p><br /><i>The Communal Lands of Switzerland.</i></p> + +<p>As to the tenure of the land held in Switzerland as private property, +Hon. Boyd Winchester, for four years American minister at Berne, in his +recent work, "The Swiss Republic," says: "There is no country in Europe +where land possesses the great independence, and where there is so wide +a distribution of land ownership as in Switzerland. The 5,378,122 acres +devoted to agriculture are divided among 258,637 proprietors, the +average size of the farms throughout the whole country being not more +than twenty-one acres. The facilities for the acquisition of land have +produced <a name="Page_64" id="Page_64"></a>small holders, with security of tenure, representing +two-thirds the entire population. There are no primogeniture, copyhold, +customary tenure, and manorial rights, or other artificial obstacles to +discourage land transfer and dispersion." "There is no belief in +Switzerland that land was made to administer to the perpetual elevation +of a privileged class; but a widespread and positive sentiment, as +Turgot puts it, that 'the earth belongs to the living and not to the +dead,' nor, it may be added, to the unborn."</p> + +<p>Turgot's dictum, however, obtains no more than to this extent: (1) The +cantonal testamentary laws almost invariably prescribe division of +property among all the children—as in the code Napoleon, which prevails +in French Switzerland, and which permits the testator to dispose of only +a third of his property, the rest being divided among all the heirs. (2) +Highways, including the railways, are under immediate government +control. (3) The greater part of the forests are managed, much of them +owned, by the Confederation. (4) In nearly all the communes, some lands, +often considerable in area, are under communal administration. (5) In +the Landsgemeinde cantons largely, and in other cantons in a measure, +inheritance and participation, jointly and severally, in the communal +lands are had by the members of the communal corporation—that is, by +those citizens who have acquired rights in the public property of the +commune.</p> + +<p>Nearly every commune in Switzerland has public lands. In many communes, +where they are mostly <a name="Page_65" id="Page_65"></a>wooded, they are entirely in charge of the local +government; in others, they are in part leased to individuals; in +others, much of them is worked in common by the citizens having the +right; but in the Landsgemeinde cantons it is customary to divide them +periodically among the members of the corporation.</p> + +<p>Of the Landsgemeinde cantons, one or two yet have nearly as great an +area of public land as of private. The canton of Uri has nearly 1,000 +acres of cultivated lands, the distribution of which gives about a +quarter of an acre to each family entitled to a share. Uri has also +forest lands worth between 4,000,000 and 5,000,000 francs, representing +a capital of nearly 1,500 francs to each family. The commune of Obwald, +in Unterwald, with 13,000 inhabitants, has lands and forests valued at +11,350,000 francs. Inner Rhodes, in Appenzell, with 12,000 inhabitants, +has land valued at 3,000,000 francs. Glarus, because of its +manufactures, is one of the richest cantons in public domain. In the +non-Landsgemeinde German cantons, there is much common land. One-third +of all the lands of the canton of Schaffhausen is held by the communes. +The town of Soleure has forests, pastures, and cultivated lands worth +about 6,000,000 francs. To the same value amounts the common property of +the town of St. Gall. In the canton of St. Gall the communal Alpine +pasturages comprise one-half such lands. Schwyz has a stretch of common +land (an <i>allmend</i>) thirty miles in length and ten to fifteen in +breadth. The city of Zurich has a well-kept forest of twelve to fifteen +square miles, worth millions <a name="Page_66" id="Page_66"></a>of francs. Winterthur, the second town in +Zurich, has so many forests and vineyards that for a long period its +citizens not only had no taxes to pay, but every autumn each received +gratis several cords of wood and many gallons of wine. Numerous small +towns and villages in German Switzerland collect no local taxes, and +give each citizen an abundance of fuel. In addition to free fuel, +cultivable lands are not infrequently allotted. At Stanz, in Unterwald, +every member of the corporation is given more than an acre. At Buchs, in +St. Gall, each member receives more than an acre, with firewood and +grazing ground for several head of cattle. Upward of two hundred French +communes possess common lands. In the canton of Vaud, a number of the +communes have large revenues in wood and butter from the forests and +pastures of the Jura mountains. Geneva has great forests; Valais many +vineyards.</p> + +<p>In the canton of Valais, communal vineyards and grain fields are +cultivated in common. Every member of the corporation who would share in +the produce of the land contributes a certain share of work in field or +vineyard. Part of the revenue thus obtained is expended in the purchase +of cheese. The rest of the yield provides banquets in which all the +members take part.</p> + +<p>Excepting in the case of forests, the trend is away from working the +lands in common. Examples of the later methods are to be seen in the +cantons of Ticino and Glarus, as follows:—<a name="Page_67" id="Page_67"></a></p> + +<p>Several communes in Ticino, notably Airolo, have much public wealth. +Airolo has seventeen mountain pastures, each of which feeds forty to +eighty head of cattle. Each member of the corporation has the right to +send up to these pastures five head for the summer. Those sending more, +pay for the privilege; those sending less, receive a rental. On a +specified day at the beginning of the season and on another at the +close, the milk of each cow is weighed; from these amounts her average +yield is estimated, and her total produce computed. The cheese and +butter from the herds are sold, most of it in Milan, the hire of the +herders paid, and the net revenue divided among the members according to +the yield of their cows.</p> + +<p>In Glarus, the produce of the greater part of the communal lands, +instead of being directly divided among the inhabitants, is substituted +for taxation. The commonable alps are let by auction for a term of +years, and, in opposition to ancient principles, strangers may bid for +them. Some of the Glarus communes sell the right to cut timber in the +forest under the superintendence of the guardians. The mountain hotels, +in not a few instances the property of the communes, are let year by +year. Land is frequently rented from the communes by manufacturing +establishments. A citizen not using his share of the communal land may +lease it to the commune, which in turn will let it to a tenant. The +communes of Glarus are watchful that enough arable land is preserved for +distribution among the members. If a plot is sold to manu<a name="Page_68" id="Page_68"></a>facturers, or +for private building purposes, a piece of equal or greater extent is +bought elsewhere. Glarus has relatively as many people engaged in +industries aside from farming as any other spot in Europe. It has 34,000 +inhabitants, of whom nearly 15,000 live directly by manufactures, while +of the rest many indirectly receive something from the same source. +Distributive coöperative societies on the English plan exist in most of +the industrial communes. The members of the communal corporations in +Glarus, though not rich, are as free and independent as any other +wage-workers in the world: they inherit the common lands; their local +taxes are little or nothing; they are assured work, if not in the +manufactories then on the land.</p> + +<p>Of the poverty that fears pauperism in old age, that dreads enforced +idleness in recurrent industrial crises, that undermines health, that +sinks human beings in ignorance, that deprives men of their manhood, the +Swiss who enjoy the common lands of the Landsgemeinde cantons know +little or nothing. They have enough. They have nothing to waste, nothing +to spare; their fare is simple. But they are free. It is to the like +freedom and equality of their ancestors that historians have pointed. It +would be well nigh meaningless to refer to any freedom and equality +among other ancient Swiss. The right of asylum from religious oppression +is the sole feature of liberty at all general of old. The present is the +first generation in which all the Swiss have been free. The chief +elements of <a name="Page_69" id="Page_69"></a>their political freedom—the Initiative and +Referendum—came from the Landsgemeinde cantons. From the same source, +in good time, so also may come to all Switzerland the prime element of +economic freedom—free access to land.</p> + +<hr /> + +<p>Poverty is a relative condition. Men may be poor of mind—ignorant; and +of body—ill-fed, ill-clothed, ill-sheltered; and of rights—dependent. +And from the state of hopeless deprivation involving all these forms +upward are minute gradations. Where stand the Swiss in the scale?</p> + +<p>This the reply: Their system of education gives free opportunity to all +to partake of the mental heritage of the ages. Their method of +distribution, through the inheritance laws, of private and common lands, +has made roughly two-thirds of the heads of families agricultural land +holders. There being in other regards government control of all +monopolies, the consequence is a widespread distribution of the annual +product. Hence, no pauperism to be compared with that of England; no +plutocracy such as we have in America. Certain other facts broadly +outline the general comfort and independence. As one effect of the +subdivision of the land, the soil, so far as nature permits, is highly +cultivated, its appearance fertile, finished, beautiful, and in striking +contrast with the dominating vast, bare mountain rocks and snowbeds. The +many towns and cities bear abundant signs of a general prosperity, their +roads, bridges, stores, residences, <a name="Page_70" id="Page_70"></a>and public buildings betokening in +the inhabitants industry and energy, and freedom to employ these +qualities. Emigration is at low percentage, and of those citizens who do +leave for the New World not a few are educated persons with some means +seeking short cuts to fortune. Much of the rough work of Switzerland is +done by Savoyards, as houseworkers, and by Italians, as farm hands, +laborers, and stone masons: showing that as a body even the poorest of +the propertyless Swiss have some choice of the better paid occupations. +Every spring sees Italians, by scores of thousands, pouring over the +Alps for a summer's work in Switzerland. Indeed, Swiss wage-workers +might command better terms were it not for competing Italians, French, +and Germans. In other words, through just social arrangements, enough +has been done in Switzerland to raise the economic level of the entire +nation; but the overflow of laborers from other lands depresses the +condition of home labor. Nevertheless, where, it may be asked, is the +people higher in the scale of civilization, in all the word implies, +than the Swiss?</p> + +<hr /> + +<p>To recount what the Swiss have done by direct legislation:</p> + +<p>They have made it easy at any time to alter their cantonal and federal +constitutions,—that is, to change, even radically, the organization of +society, the social contract, and thus to permit a peaceful revolution +at the will of the majority. They have as well cleared <a name="Page_71" id="Page_71"></a>from the way of +majority rule every obstacle,—privilege of ruler, fetter of ancient +law, power of legislator. They have simplified the structure of +government, held their officials as servants, rendered bureaucracy +impossible, converted their representatives to simple committeemen, and +shown the parliamentary system not essential to lawmaking. They have +written their laws in language so plain that a layman may be judge in +the highest court. They have forestalled monopolies, improved and +reduced taxation, avoided incurring heavy public debts, and made a +better distribution of their land than any other European country. They +have practically given home rule in local affairs to every community. +They have calmed disturbing political elements;—the press is purified, +the politician disarmed, the civil service well regulated. Hurtful +partisanship is passing away. Since the people as a whole will never +willingly surrender their sovereignty, reactionary movement is possible +only in case the nation should go backward. But the way is open forward. +Social ideals may be realized in act and institution. Even now the +liberty-loving Swiss citizen can discern in the future a freedom in +which every individual,—independent, possessed of rights in nature's +resources and in command of the fruits of his toil,—may, at his will, +on the sole condition that he respect the like aim of other men, pursue +his happiness.</p> + + + +<hr style="width: 65%;" /> +<h2><a name="DIRECT_LEGISLATION_IN_THE_UNITED_STATES" id="DIRECT_LEGISLATION_IN_THE_UNITED_STATES" /><a name="Page_72" id="Page_72"></a>DIRECT LEGISLATION IN THE UNITED STATES.</h2> + + +<p>"But these are foreign methods. How are they to be engrafted on our +American system?" More than once have I been asked this question when +describing the Initiative and Referendum of Switzerland.</p> + +<p>The reply is: Direct legislation is not foreign to this country. Since +the settlement of New England its practice has been customary in the +town meeting, an institution now gradually spreading throughout the +western states—of recent years with increased rapidity. The Referendum +has appeared, likewise, with respect to state laws, in several forms in +every part of the Union. In the field of labor organization, also, +especially in several of the more carefully managed national unions, +direct legislation is freely practiced. The institution does not need to +be engrafted on this republic; it is here; it has but to develop +naturally.</p> + + +<p><br /><i>The Town Meeting.</i></p> + +<p>The town meeting of New England is the counter-part of the Swiss +communal political meeting. Both assemblies are the primary form of the +politico-social organization. Both are the foundation of the structure +of the State. The essential objects of both are the same: to enact local +regulations, to elect local offi<a name="Page_73" id="Page_73"></a>cers, to fix local taxation, and to +make appropriations for local purposes. At both, any citizen may propose +measures, and these the majority may accept or reject—<i>i.e.</i>, the +working principles of town and commune alike are the Initiative and the +Referendum.</p> + +<p>A fair idea of the proceedings at all town meetings may be gained +through description of one. For several reasons, a detailed account here +of what actually happened recently at a town meeting is, it seems to me, +justified. At such a gathering is seen, in plain operation, in the +primary political assembly, the principles of direct legislation. The +departure from those principles in a representative gathering is then +the more clearly seen. In many parts of the country, too, the methods of +the town meeting are little known. By observing the transactions in +particular, the reader will learn the variety in the play of democratic +principle and draw from it instructive inference.</p> + +<p>The town of Rockland, Plymouth county, in the east of Massachusetts, has +5,200 inhabitants; assesses for taxation 5,787 acres of land; contains +1,078 dwelling houses, 800 of which are occupied by owners, and numbers +1,591 poll tax payers, who are therefore voters.</p> + +<p>At 9 a.m., on Monday, March 2, 1891, 819 voters of Rockland assembled in +the opera house for the annual town meeting, the "warrant" for which, in +accordance with the law, had been publicly posted seven days before and +published once in each of the two town newspapers. A presiding officer +for the day, called a moderator, was elected by show of hands, after +which an <a name="Page_74" id="Page_74"></a>election by ballot for town officers for the ensuing year was +begun. The supervisors of the voting were the town clerk and the three +selectmen (the executive officers of the town), who were seated on a +platform at one end of the hall. To cast his ballot, a voter mounted the +platform, his name was called aloud by the clerk, his ballot was +deposited, a check bell striking as it was thrown in the ballot-box, and +the voter stepped on and down. The ballot was a printed one, its size, +color, and type regulated by state law. When the voters had cast their +ballots, five tellers, who had been chosen by show of hands, counted the +vote. In this balloting for town officers, there was no division into +Republicans and Democrats, although considerable grouping together +through party association could be traced. The officers elected were a +town clerk and treasurer; a board of three, to serve as selectmen, +assessors, overseers of the poor, and fence viewers; three school +committeemen; a water commissioner; a board of health of three members; +two library trustees; three auditors, and seven constables.</p> + +<p>A vote was also taken by ballot—"Yes" or "No"—on the question: "Shall +licenses be granted for the sale of intoxicating liquors in this town?" +The yeas were 317; nays, 347. The form of ballot used in this case was +precisely that invariably employed in the Referendum in Switzerland.</p> + +<p>After a recess of an hour at midday, the business laid out in the +"warrant" was resumed. There were present 700 to 800 voters, with, as +on-lookers on the <a name="Page_75" id="Page_75"></a>same floor, a large number of women, the principal +and pupils of the high school, and the teachers and children of the +grammar schools.</p> + +<p>The "warrant" (the schedule for the meeting) consisted of forty-four +"articles," each representing a matter to be debated and voted on—that +is to say, a subject for legislation. These articles had been placed in +the warrant by the selectmen, either on their own motion or on request +of citizens. The election of moderator had taken place under article 1; +that of town officers under article 2; the license vote under article 3. +The voting on the rest of the articles now took place by show of hands. +Article 4 related to the annual reports of the town officers, printed +copies of which were to be had by each citizen. These were read and +discussed. Article 5 related to the general appropriations for town +expenses for the ensuing year. The following were decided on, each item +being voted on separately:</p> + +<table border="0" summary="List of costs"> +<tr><td>For highway repairs</td><td align="right">$3,800</td><td>For military aid</td><td align="right">$500</td></tr> +<tr><td>For removing snow</td><td align="right">300</td><td>For guideboards</td><td align="right">50</td></tr> +<tr><td>For fire department</td><td align="right">1,200</td><td>For abatement of taxes and collector's fee</td><td align="right">500</td></tr> +<tr><td>For police service</td><td align="right">500</td><td>For school-incidentals</td><td align="right">1,000</td></tr> +<tr><td>For night watch</td><td align="right">600</td><td>For support of poor</td><td align="right">5,500</td></tr> +<tr><td>For town officers</td><td align="right">2,200</td><td>For library, etc</td><td align="right">1,000</td></tr> +<tr><td>For town committees,and Abingdon records</td><td align="right">50</td><td>For schools, proper</td><td align="right">11,300</td></tr> +<tr><td>For miscellaneous expenses</td><td align="right">1,200</td><td>For school books</td><td align="right">1,000</td></tr> +<tr><td>For interest</td><td align="right">1,000</td><td>For hydrants</td><td align="right">2,300</td></tr> +<tr><td>For memorial day</td><td align="right">100</td><td>For water bonds, etc</td><td align="right">2,500</td></tr> +</table> + + + +<p>Article 6, which was agreed to, authorized the town treasurer to borrow +money in anticipation of the collection of taxes; article 7 related to +the method of <a name="Page_76" id="Page_76"></a>collecting the town taxes. It was decided these should be +farmed out to the lowest bidder, and, on the spot, a citizen secured the +contract at sixty-eight cents on the hundred. Article 8 related to the +powers of the tax collector; 9, to a list of jurors reported by the +selectmen, which was accepted; 10, to methods of repairing highways and +sidewalks; 11, to appropriating money for memorial day. Articles 10 and +11 were passed over, having been covered in the general appropriations, +and the selectmen were instructed to enforce in highway work the +nine-hour law. Article 12, which was adopted, provided for a night +watch; 13, relating to copying the records of Abingdon, had been passed +upon in the general appropriations; 14, providing for widening and +straightening a street, was passed, and $350 appropriated for the +purpose; 15, providing for concrete sidewalks, excited much debate, and +$300 was appropriated in addition to material on hand. Articles 16, +appropriating $350 for draining a street, and 17, requesting the +selectmen to lay out a water course on another street, were adopted. +Article 18, which was carried by a large majority, appropriated, in five +items, discussed and voted on separately, $7,250 for the fire +department. Article 19 appropriated $100 for a town road, 20 $200 for +another, and these were adopted, but 21, by which $325 was asked for +another road, was laid on the table. Articles 22 and 23, appropriating +$75 and $25 for bridges, were passed. Article 24, proposing the +graveling of a sidewalk, was referred to the selectmen. Articles 25, 26, +27, and 28, proposing <a name="Page_77" id="Page_77"></a>the laying of sidewalks, were adopted, with +appropriations of $150, $125, $150, and $150; but 29, also proposing a +new sidewalk, was laid on the table. Article 30, proposing a new +sidewalk, was adopted, with an appropriation of $300, but 31, proposing +another, was laid on the table. Articles 32, proposing to change the +grading of two streets, with an appropriation of $500; 33, appropriating +$300 for a highway roller; 34, providing for a public drinking fountain, +and appropriating $200; 35, providing for a new bridge, and +appropriating $75, were all adopted. Articles 36, 37, and 38, providing +for extensions to the water mains, were laid on the table. Article 39, +appropriating $300 for relocation of a telephone line, was adopted; but +articles 40, providing for a memorial building, 41, providing for a town +hall, and 42, providing for a soldiers' memorial, were laid on the +table. Lastly, articles 43 and 44, providing for changes in street +names, were accepted as reported by the selectmen.</p> + +<p>After finishing the "warrant," the meeting appropriated $10 to pay the +moderator, fixed $3 a day as the rate for the selectmen, and directed +the latter not to employ as constable any man who had been rejected by a +vote of the town. It was 10.45 p.m. when the assemblage broke up, a +recess having been taken from 5.30 to 7.30.</p> + +<p>The proceedings at this meeting were characterized by democratic +methods. When the town officers handed in their reports, they were +questioned and criticised by one citizen and another. A motion to refer +the <a name="Page_78" id="Page_78"></a>general appropriation list to a committee of twenty-five met with +overwhelming defeat in the face of the expressed sentiment that about +all left of primitive democracy was the old-fashioned town meeting. One +of the speakers on the town library appropriation was a lady, and her +point was carried. On the question of buying new fire extinguishing +apparatus, there were sides and leaders, with prolonged debate. As to +roads and bridges, each matter was dealt with on its own merits and +separately from other similar propositions. In the election for +officers, women voted for school committeemen.</p> + +<p>The only officials of Rockland under annual salary are the treasurer and +town physician. Selectmen receive a sum per diem; constables, fees; +school committeemen make out their own bills. The others serve for +nothing.</p> + +<p>Rockland, politically, is a typical New England town. What is to be said +of its manner of town meeting may, with little modification, be said of +all. Each citizen present at such a meeting may join in the debate. From +the printed copy of the officers' reports he may learn what his town +government has done in the year past; from the printed warrant he may +see what is proposed to be done in the year coming. He who knows the +better way in any of the business is sure to receive a hearing. The +pockets of all being concerned, whatever is best and cheapest is +insured. Bribery, successful only in the dark, has little or no field in +the town meeting.<a name="Page_79" id="Page_79"></a></p> + +<p>Provision usually exists by which a town may dispose of any urgent +matters springing up for legislation in the course of the year: as a +rule a special town meeting may be called on petition of a small number +of citizens, commonly seven to eleven.</p> + +<p>In a study of the town meeting system of today, in "Harper's Monthly," +June, 1891, Henry Loomis Nelson brought out many convincing facts as to +its superiority over government by a town board. Where the cost for +public lighting in a New England town had been but $2,000, in a New York +town of the same size it had amounted to $11,000. The cities of +Worcester, Mass., and Syracuse, New York, each of about 80,000 +inhabitants, were compared, with the New England city in every respect +by far the more economically governed. Towns in New England are +uniformly superior to others in other parts of the country with regard +to the extent of sewers and paved streets. The aggregate of town debts +in New England is vastly less than the aggregate for a similar +population in the Middle States. The state constitutions of New England +commonly relate to fundamental principles, since each district may +protect itself by the town meeting; but outside New England, to assert +the rights of localities, state constitutions usually perforce embody +particulars. In their fire and police departments, and public school and +water supply systems, New England towns lead the rest of the country. +"The influence," says Mr. Nelson, "of the town meeting government upon +the physical character of the <a name="Page_80" id="Page_80"></a>country, upon the highways and bridges, +and upon the appearance of the villages, is familiar to all who have +traveled through New England. The excellent roads, the stanch bridges, +the trim tree-shaded streets, the universal signs of thrift and of the +people's pride in the outward aspects of their villages, are too well +known to be dwelt upon." In every New England community many of the men +are qualified by experience to take charge of a public meeting and +conduct its proceedings with some regard to the forms observed in +parliamentary bodies. But elsewhere in the Union few of the citizens +have any knowledge of such forms and observances. "In New England there +is not a voter who may not, and very few voters who do not, actively +participate in the work of government. In the other parts of the country +hardly any one takes part in public affairs except the office-holder."</p> + +<p>John Fiske, in "Civil Government in the United States," (1890), says +that "the general tendency toward the spread of township government in +the more recently settled parts of the United States is unmistakable." +The first western state to adopt the town meeting system was Michigan; +but it now prevails in four-fifths of the counties of Illinois; in +one-sixth of Missouri, where it was begun in 1879; and in one-third of +the counties of Nebraska, which adopted it in 1883; while it has gone +much further in Minnesota and Dakota, in which states it has been law +since 1878 and 1883, respectively.<a name="Page_81" id="Page_81"></a></p> + +<p>"Within its proper sphere," says Fiske, "government by town meeting is +the form of government most effectively under watch and control. +Everything is done in the full daylight of publicity. The specific +objects for which public money is to be appropriated are discussed in +the presence of everybody, and any one who disapproves of any of these +objects, or of the way in which it is proposed to obtain it, has an +opportunity to declare his opinions." "The inhabitant of a New England +town is perpetually reminded that 'our government' is 'the people.' +Although he may think loosely about the government of his state or the +still more remote government at Washington, he is kept pretty close to +the facts where local affairs are concerned, and in this there is a +political training of no small value."</p> + +<p>The same writer notes in the New England towns a tendency to retain good +men in office, such as we have seen is the case in Switzerland. "The +annual election affords an easy means of dropping an unsatisfactory +officer. But in practice nothing has been more common than for the same +persons to be re-elected as selectmen or constables or town-clerks for +year after year, as long as they are willing or able to serve. The +notion that there is anything peculiarly American or democratic in what +is known as 'rotation in office' is therefore not sustained by the +practice of the New England town, which is the most complete democracy +in the world." In another feature is there resemblance to Swiss custom: +some of the town officials serve <a name="Page_82" id="Page_82"></a>without pay and none receive +exorbitant salaries.</p> + + +<p><br /><i>The Referendum in States, Cities, Counties, Etc.</i></p> + +<p>Few are aware of the advances which direct legislation has made in state +government in the United States. Many facts on this subject, collected +by Mr. Ellis P. Oberholtzer, were published in the "Annals of the +American Academy of Political and Social Science," November, 1891. +Condensed, this writer's statement is as follows: Constitutional +amendments now go to the people for a vote in every state except +Delaware. The significance of this fact, and the resemblance of this +vote to the Swiss Referendum, are seen when one considers the subject +matter of a state constitution. Nowadays, such a constitution usually +limits a legislature to a short biennial session and defines in detail +what laws the legislature may and may not pass. In fact, then, in +adopting a constitution once in ten or twenty years, the voters of a +state decide upon admissible legislation. Thus they themselves are the +real legislators. Among the matters once left entirely to legislatures, +but now commonly dealt with in constitutions, are the following: +Prohibiting or regulating the liquor traffic; prohibiting or chartering +lotteries; determining tax rates; founding and locating state schools +and other state institutions; establishing a legal rate of interest; +fixing the salaries of public officials; drawing up railroad and other +corporation regulations; and defining the relations of husbands and +wives, and of debtors and creditors. In line with all <a name="Page_83" id="Page_83"></a>this is a +tendency to easy amendment. In nearly all the new states and in those +older ones which have recently revised their constitutions, the time in +which amendments may be effected is as a rule but half of that formerly +required. Where once the approval of two successive legislatures was +exacted, now the consent of one is considered sufficient.</p> + +<p>In fifteen states, until submitted to a popular vote, no law changing +the location of the capital is valid; in seven, no laws establishing +banking corporations; in eleven, no laws for the incurrence of debts +excepting such as are specified in the constitution, and no excess of +"casual deficits" beyond a stipulated sum; in several, no rate of +assessment exceeding a figure proportionate to the aggregate valuation +of the taxable property. Without the Referendum, Illinois cannot sell +its state canal; Minnesota cannot pay interest or principal of the +Minnesota railroad; North Carolina cannot extend the state credit to aid +any person or corporation, excepting to help certain railroads +unfinished in 1876. With the Referendum, Colorado may adopt woman +suffrage and create a debt for public buildings; Texas may fix a +location for a college for colored youth; Wyoming may decide on the +sites for its state university, insane asylum and penitentiary.</p> + +<p>Numerous important examples of the Referendum in local matters in the +United States, especially in the West, were found by Mr. Oberholtzer. +There are many county, city, township, and school district referendums. +Nineteen state constitutions guarantee to counties the <a name="Page_84" id="Page_84"></a>right to fix by +vote of the citizens the location of the county seats. So also usually +of county lines, divisions of counties, and like matters. Several +western states leave it to a vote of the counties as to when they shall +adopt a township organization, with town meetings; several states permit +their cities to decide when they shall also be counties. As in the +state, there are debt and tax matters that may be passed on only by the +people of cities, boroughs, counties, or school districts. Without the +Referendum, no municipality in Pennsylvania may contract an aggregate +debt beyond 2 per cent of the assessed valuation of its taxable +property; no municipalities in certain other states may incur in any +year an indebtedness beyond their revenues; no local governments in the +new states of the West may raise any loans whatever; none in other +states may exceed certain limits in tax rates. With the Referendum, +certain Southern communities may make harbor improvements, and other +communities may extend the local credit to railroad, water +transportation, and similar corporations. The prohibition of the liquor +business in a city or county is often left to a popular vote; indeed, +"local option" is the commonest form of Referendum. In California any +city with more than 10,000 inhabitants may frame a charter for its own +government, which, however, must be approved by the legislature. Under +this law Stockton, San José, Los Angeles, and Oakland have acquired new +charters. In the state of Washington, cities of 20,000 may make their +own charters without the legis<a name="Page_85" id="Page_85"></a>lature having any power of veto. Largely, +then, such cities make their own laws.</p> + +<p>In fact, the vast United States seems to have seen as much of the +Referendum as little Switzerland. But the effect of the practice has +been largely lost in the great size of this country and in the loose and +unsystematized character of the institution as known here.</p> + +<hr /> + +<p>In the "American Commonwealth" of James Bryce, a member of Parliament, +there is a chapter entitled "Direct Legislation by the People." After +reciting many facts similar in character to those given by Mr. +Oberholtzer, Mr. Bryce inquires into the practical workings of direct +legislation. He finds what are to his mind some "obvious demerits." Of +these demerits, such as apply to details he develops in the course of +his statements of several cases of Referendum. In summing up, he further +points out what seem to him two objections to the principle. One is that +direct legislation "tends to lower the authority and sense of +responsibility of the legislature." But this is precisely the aim of +pure democracy, and from its point of view a merit of the first order. +The other objection is, "it refers matters needing much elucidation by +debate to the determination of those who cannot, on account of their +numbers, meet together for discussion, and many of whom may have never +thought about the matter." But why meet together for discussion? Mr. +Bryce here overlooks that this is the age of newspaper and telegraph, +and that through <a name="Page_86" id="Page_86"></a>these sources the facts and much debate on any matter +of public interest may be forthcoming on demand. Mr. Bryce, however, +sees more advantages than demerits in direct legislation. Of the +advantages he remarks: "The improvement of the legislatures is just what +the Americans despair of, or, as they would prefer to say, have not time +to attend to. Hence they fall back on the Referendum as the best course +available under the circumstances of the case and in such a world as the +present. They do not claim that it has any great educative effect on the +people. But they remark with truth that the mass of the people are equal +in intelligence and character to the average state legislator, and are +exposed to fewer temptations. The legislator can be 'got at,' the people +cannot. The personal interest of the individual legislator in passing a +measure for chartering banks or spending the internal improvement fund +may be greater than his interest as one of the community in preventing +bad laws. It will be otherwise with the bulk of the citizens. The +legislator may be subjected by the advocates of women's suffrage or +liquor prohibition to a pressure irresistible by ordinary mortals; but +the citizens are too numerous to be all wheedled or threatened. Hence +they can and do reject proposals which the legislature has assented to. +Nor should it be forgotten that in a country where law depends for its +force on the consent of the governed, it is eminently desirable that law +should not outrun popular sentiment, but have the whole weight of the +people's deliverance behind it."<a name="Page_87" id="Page_87"></a></p> + + +<p><br /><i>The Initiative and Referendum in Labor Organizations.</i></p> + +<p>The Referendum is well known to the Knights of Labor. For nine years +past expressions of opinion have been asked of the local assemblies by +the general executive board. The recent decision of the order to enter +upon independent political action was made by a vote in response to a +circular issued by the General Master Workman. The latter, at the annual +convention at Toledo, in November, 1891, recommended that the Referendum +form a part of the government machinery throughout the United States. +The Knights being in some respects a secret organization, data as to +referendary votings are not always made public.</p> + +<p>For the past decade or longer several of the national and international +trades-unions of America have had the Initiative and Referendum in +operation. Within the past five years the institution in various forms +has been taken up by other unions, and at present it is in more or less +practice in the following bodies, all associated with the American +Federation of Labor:</p> + +<table border="0" summary="Union membership"> +<tr><td>National or International Union.</td><td>No. of Local Unions</td><td>No. of Members,<br />December, 1891.</td></tr> +<tr><td>Journeymen Bakers</td><td align="right">81</td><td align="right">17,500</td></tr> +<tr><td>Brewery Workmen</td><td align="right">61</td><td align="right">9,500</td></tr> +<tr><td>United Broth'h'd of Carpenters and Joiners</td><td align="right">740</td><td align="right">65,000</td></tr> +<tr><td>Amalgamated Carpenters and Joiners</td><td align="right">40</td><td align="right">2,800</td></tr> +<tr><td>Cigar-Makers</td><td align="right">310</td><td align="right">27,000</td></tr> +<tr><td>Carriage and Wagon Makers</td><td align="right">11</td><td align="right">2,000</td></tr> +<tr><td>Garment Workers</td><td align="right">24</td><td align="right">4,000</td></tr> +<tr><td>Granite Cutters</td><td align="right">75</td><td align="right">20,000</td></tr> +<tr><td>Tailors</td><td align="right">170</td><td align="right">17,000</td></tr> +<tr><td>Typographical Union</td><td align="right">290</td><td align="right">28,000</td></tr> +<tr><td> Total</td><td align="right"> </td><td align="right">192,800 </td></tr> +</table> + +<p><a name="Page_88" id="Page_88"></a> +Direct legislation has long been familiar to the members of the +International Cigar-Makers' Union. Today, amendments to its +constitution, the acts of its executives, and even the resolutions +passed at delegate conventions, are submitted to a vote by ballot in the +local unions. The nineteenth annual convention, held at Indianapolis, +September, 1891, provisionally adopted 114 amendments to the +constitution and 33 resolutions on various matters. Though some of the +latter were plainly perfunctory in character, all of these 147 +propositions were printed in full in the "Official Journal" for October, +and voted on in the 310 unions throughout America in November. The +Initiative is introduced in this international union through local +unions. When twenty of the latter have passed favorably on a measure, it +must be submitted to the entire body. An idea of the financial +transactions of the Cigar-Makers' International Union may be gathered +from its total expenditures in the past twelve years and a half. In all, +it has disbursed in that time $1,426,208. Strikes took $469,158; sick +benefits, $439,010; death benefits, $109,608; traveling benefits, +$372,455, and out of work benefits, $35,795. The advance of the +Referendum in this great union has been very gradual. It began in 1877 +with voting on constitutional amendments. The most recent, and perhaps +last possible, step was to transfer the election of the general +executive board from the annual convention to the entire body.</p> + +<p>The United Garment Workers of America practice <a name="Page_89" id="Page_89"></a>direct legislation under +Article 24 of their constitution, which is printed under the caption, +"Referendum and Initiative." It prescribes two methods of Initiative. +One is that three or more local unions, if of different states, may +instruct the general secretary to call for a referendary vote in the +unions of the national organization. The other is that the general +executive board must so submit all questions of general importance. The +general secretary issues the call within two weeks after the petition +for a vote reaches him, and the vote is taken within six months +afterward. Eighteen propositions passed by the annual convention of this +union at Boston, in November, 1891, were submitted to a vote of the +local unions in December.</p> + +<p>In 1890, the local unions of the International Typographical Union, then +numbering nearly 290, voted on twenty-five propositions submitted from +the annual convention. In 1891, fourteen propositions were submitted. Of +the latter, one authorized the formation of unions of editors and +reporters; another directed the payments to the President to be a salary +of $1,400, actual railroad fares by the shortest possible routes, and $3 +a day for hotel expenses; another rescinded a six months' exemption from +a per capita tax for newly formed unions; another provided for a funeral +benefit of $50 on the death of a member; by another an assessment of ten +cents a month was levied for the home for superannuated and disabled +union printers. All fourteen were adopted, the majorities, however, +varying from 558 to 8,758.<a name="Page_90" id="Page_90"></a></p> + + +<p><br /><i>Is Complete Direct Legislation in Government Practicable?</i></p> + +<p>The conservative citizen, contented with the existing state of things, +is wont to brush aside proposed innovations in government. To do so he +avails himself of a familiar stock of objections. But have they not all +their answer in the facts thus far brought forth in these chapters? Will +he entertain no "crazy theories"? Here is offered practice, proven in +varied and innumerable tests to be thoroughly feasible. He is opposed to +foreign institutions? Here is a time-honored American institution. He +holds that men cannot be made better by law? Here are facts to show that +with change of law justice has been promoted. He deems democracy +feebleness? Here has been shown its stalwart strength. He is sure +workingmen are incapable of managing large affairs? Let him look to the +cigar-makers—their capacity for organization, their self-restraint as +an industrial army, the soundness of their financial system, the mastery +of their employers in the eight-hour question. He believes the +intricacies of taxation and estimates of appropriation beyond the +average mind? He may see a New England town meeting in a single day +dispose of scores of items and, with each settled to a nicety, vote away +fifty thousand dollars. He fears state legislation, by reason of its +complexity, would prove a puzzle to the ordinary voter? Why, then, are +the more vexatious subjects so often shifted by the legislators to the +people?</p> + +<p>The conservative objector is, first, apt to object be<a name="Page_91" id="Page_91"></a>fore fully +examining what he dissents from, and, secondly, prone to have in mind +ideal conditions with which to compare the new methods commended to him. +In the matter of legislation, he dreams of a body of high-minded +lawgivers, just, wise, unselfish, and not of legislators as they +commonly are. He forgets that Congress and the legislatures have each a +permanent lobby, buying privileges for corporations, and otherwise +influencing and corrupting members. He forgets the party caucus, at +which the individual member is swamped in the majority; the "strikers," +members employing their powers in blackmail; the Black Horse Cavalry, a +combination of members in state legislatures formed to enrich themselves +by plunder through passing or killing bills. He forgets the scandalous +jobs put through to reward political workers; the long lists of doubtful +or vicious bills reviewed in the press after each session of every +legislative body; the pamphlets issued by reform bodies in which perhaps +three-fourths of a legislature is named as untrustworthy, and the price +of many of the members given. The City Reform Club of New York published +in 1887: "As with the city's representatives of 1886, the chief objects +of most of the New York members were to make money in the 'legislative +business,' to advance their own political fortunes, and to promote the +interests of their factions." And where is the state legislature of +which much the same things cannot be said?</p> + +<p>The conservative objector may not know how the most important bills are +often passed in Congress.<a name="Page_92" id="Page_92"></a> He may not know that until toward the close +of a session the business of Congress is political in the party sense +rather than in the governing sense; that on the floor the play is +usually conducted for effect on the public; that in committees, measures +into which politics enter are made up either on compromise or for +partisan purposes; that, finally, in the last days of a session, the +work of legislation is a scramble. The second day before the adjournment +of the last Congress was thus described in a New York daily paper: +"Congress has been working like a gigantic threshing machine all day +long, and at this hour there is every prospect of an all-night session +of both houses. Helter-skelter, pell-mell, the 'unfinished business' has +been poured into the big hopper, and in less time than it takes to tell +it, it has come out at the other end completed legislation, lacking only +the President's signature to fit it for the statute books. Public bills +providing for the necessary expenses of the government, private bills +galore having as their beneficiaries favored individuals, jobbery in the +way of unnecessary public buildings, railroad charters, and bridge +construction—all have been rushed through at lightning speed, and the +end is not yet. A majority of the House members, desperate because their +power and influence terminate with the end of this brief session, and a +partisan Speaker, whose autocratic rule will prevail but thirty-six +short hours longer, have left nothing unattempted whereby party friends +and protégés might be benefited. It is safe to say that aside from a +<a name="Page_93" id="Page_93"></a>half dozen measures of real importance and genuine merit the country +would be no worse off should every other bill not yet acted upon fail of +passage. Certain it is that large sums of money would be saved to the +Government." And what observer does not know that scenes not unlike this +are repeated in almost every legislature in its closing hours?</p> + +<p>As between such manner of even national legislation on the one hand, and +on the other the entire citizenship voting (as soon would be the fact +under direct legislation) on but what properly should be law—and on +principles, on policies, and on aggregates in appropriations—would +there be reason for the country to hesitate in choosing?</p> + +<p>Among the plainest signs of the times in America is the popular distrust +of legislators. The citizens are gradually and surely resuming the +lawmaking and money-spending power unwisely delegated in the past to +bodies whose custom it is to abuse the trust. "Government" has come to +mean a body of representatives with interests as often as not opposed to +those of the great mass of electors. Were legislation direct, the circle +of its functions would speedily be narrowed; certainly they would never +pass legitimate bounds at the urgency of a class interested in enlarging +its own powers and in increasing the volume of public outlay. Were +legislation direct, the sphere of every citizen would be enlarged; each +would consequently acquire education in his rôle, and develop a lively +interest in the public affairs in part under his own management.<a name="Page_94" id="Page_94"></a> And +what so-called public business can be right in principle, or expedient +in policy, on which the American voter may not pass in person? To reject +his authority in politics is to compel him to abdicate his sovereignty. +That done, the door is open to pillage of the treasury, to bribery of +the representative, and to endless interference with the liberties of +the individual.</p> + + + +<hr style="width: 65%;" /> +<h2><a name="THE_WAY_OPEN_TO_PEACEFUL_REVOLUTION" id="THE_WAY_OPEN_TO_PEACEFUL_REVOLUTION" /><a name="Page_95" id="Page_95"></a>THE WAY OPEN TO PEACEFUL REVOLUTION.</h2> + + +<p>What I set out in the first chapter to do seems to me done. I essayed to +show how the political "machine," its "ring," "boss," and "heeler," +might be abolished, and how, consequently, the American plutocracy might +be destroyed, and government simplified and contracted to the field of +its natural operations. These ends achieved, a social revolution would +be accomplished—a revolution without loss of a single life or +destruction of a dollar's worth of property.</p> + +<p>Whoever has read the foregoing chapters has seen these facts +established:</p> + +<p>(1) That much in proportion as the whole body of citizens take upon +themselves the direction of public affairs, the possibilities for +political and social parasitism disappear. The "machine" becomes without +effective uses, the trade of the politician is rendered undesirable, and +the privileges of the monopolist are withdrawn.</p> + +<p>(2) That through the fundamental principles of democracy in +practice—the Initiative and the Referendum—great bodies of people, +with the agency of central committees, may formulate all necessary law +and direct its execution.</p> + +<p>(3) That the difference between a representative government and a +democracy is radical. The differ<a name="Page_96" id="Page_96"></a>ence lies in the location of the +sovereignty of society. The citizens who assign the lawmaking power to +officials surrender in a body their collective sovereignty. That +sovereignty is then habitually employed by the lawgivers to their own +advantage and to that of a twin governing class, the rich, and to the +detriment of the citizenship in general and especially the poor. But +when the sovereignty rests permanently with the citizenship, there +evolves a government differing essentially from representative +government. It is that of mere stewardship and the regulation +indispensable to society.</p> + + +<p><br /><i>The Social Forces Ready for Our Methods.</i></p> + +<p>Now that our theory of social reform is fully substantiated by fact, our +methods shown to be in harmony with popular sentiment, our idea of +democratic government clearly defined, and our final aim political +justice, there remains some consideration of early possible practical +steps in line with these principles and of the probable trend of events +afterward.</p> + +<p>Having practical work in view, we may first take some account of the +principal social forces which may be rallied in support of our +methods:—</p> + +<p>To begin with: Sincere men who have abandoned hope of legislative reform +may be called to renewed effort. Many such men have come to regard +politics as inseparable from corruption. They have witnessed the +tediousness and unprofitableness of seeking relief through legislators, +and time and again have they seen <a name="Page_97" id="Page_97"></a>the very officials elected to bring +about reforms go over to the powers that exploit the masses. They have +seen in the course of time the tricks of partisan legislators almost +invariably win as against the wishes of the masses. They know that in +politics there is little study of the public needs, but merely a +practice of the ignoble arts of the professional politician. Here, +however, the proposed social reorganization depends, not on +representatives, but on the citizens themselves; and the means by which +the citizens may fully carry out their purposes have been developed. A +fact, too, of prime importance: Where heretofore in many localities the +people have temporarily overthrown politician and plutocrat, only to be +themselves defeated in the end, every point gained by the masses in +direct legislation may be held permanently.</p> + +<p>Further: Repeatedly, of late years, new parties have risen to demand +justice in government and improvement in the economic situation. One +such movement defeated but makes way for another. Proof, this, that the +spirit of true reform is virile and the heart of the nation pure. The +progress made, in numbers and organization, before the seeds of decay +were sown in the United Labor party, the Union Labor party, the +Greenback-Labor party, the People's party of 1884, and various +third-party movements, testify to the readiness of earnest thousands to +respond, even on the slightest promise of victory, to the call for +radical reform. That in such movements the masses are incorruptible is +shown in the fact that in every instance one of the <a name="Page_98" id="Page_98"></a>chief causes of +failure has been doubt in the integrity of leaders given to machine +methods. But in direct legislation, machine leaders profit nothing for +themselves, hold no reins of party, can sell no votes, and can command +no rewards for workers.</p> + +<p>Again: The vast organizations of the Knights of Labor and the +trades-unions in the American Federation of Labor are evidence of the +willingness and ability of wage-earners to cope practically with +national problems. And at this point is to be observed a fact of capital +significance to advocates of pure democracy. Whereas, in independent +political movements, sooner or later a footing has been obtained by a +machine, resulting in disintegration, in the trades organization, while +political methods may occasionally corrupt leaders, the politician labor +leader uniformly finds his fellow workmen turning their backs on him. +The organized workers not only distrust the politician but detest +political chicanery. Such would equally be the case did the wage-workers +carry into the political field the direct power they exert in their +unions. And in politics this never-failing, incorruptible power of the +whole mass of organized wage-workers may be exerted by direct +legislation. Therewith may be had politics without politicians. As +direct legislation advances, the machine must retire.</p> + +<p>Here, then, with immediate results in prospect from political action, +lies encouragement of the highest degree—alike to the organized +workers, to the men grown hopeless of political reform, and to the men +in <a name="Page_99" id="Page_99"></a>active rebellion against the two great machine ridden parties.</p> + +<p>Encouragement founded on reason is an inestimable practical result. +Here, not only may rational hope for true reform be inspired; a lively +certainty, based on ascertained fact, may be felt. All men of experience +who have read these pages will have seen confirmed something of their +own observations in direct legislation, and will have accepted as +plainly logical sequences the developments of the institution in +Switzerland. The New Englander will have learned how the purifying +principles of his town meeting have been made capable of extension. The +member of a labor organization will have observed how the simple +democracy of his union or assembly may be transferred to the State. The +"local optionist" will have recognized, working in broader and more +varied fields, a well tried and satisfactory instrument. The college man +will have recalled the fact that wherever has gone the Greek letter +fraternity, there, in each society as a whole, and in each chapter with +respect to every special act, have gone the Initiative and the +Referendum. And every member of any body of equal associates must +perceive that the first, natural circumstance to the continued existence +of that body in its integrity must be that each individual may propose a +measure and that the majority may accept or reject it; and this is the +simple principle of direct legislation. Moreover, any mature man, east +or west, in any locality, may recall how within his experience a +com<a name="Page_100" id="Page_100"></a>munity's vote has satisfactorily put vexatious questions at rest. +With the recognition of every such fact, hope will rise and faith in the +proposed methods be made more firm.</p> + + +<p><br /><i>Abolition of the Lawmaking Monopoly.</i></p> + +<p>To radical reformers further encouragement must come with continued +reflection on the importance to them of direct legislation. In general, +such reformers have failed to recognize that, before any project of +social reconstruction can be followed out to the end, there stands a +question antecedent to every other. It is the abolition of the lawmaking +monopoly. Until that monopoly is ended, no law favorable to the masses +can be secure. Direct legislation would destroy this parent of +monopolies. It gone, then would follow the chiefer evils of governmental +mechanism—class rule, ring rule, extravagance, jobbery, nepotism, the +spoils system, every jot of the professional trading politician's +influence. To effect these ends, all schools of political reformers +might unite. For immediate purposes, help might come even from that host +of conservatives who believe all will be well if officials are honest. +Direct majority rule attained, inviting opportunities for radical work +would soon lie open. How, may readily be seen.</p> + +<p>The New England town collects its own taxes; it manages its local +schools, roads, bridges, police, public lighting and water supply. In +similar affairs the Swiss commune is autonomous. On the Pacific coast a +ten<a name="Page_101" id="Page_101"></a>dency is to accord to places of 10,000 or 20,000 inhabitants their +own charters. Throughout the country, in many instances, towns and +counties settle for themselves questions of prohibition, license, and +assessments; questions of help to corporations and of local public +improvement. Thus in measure as the Referendum comes into play does the +circumscription practicing it become a complete community. In other +words, with direct legislation rises local self-government.</p> + + +<p><br /><i>The Principles of Local Self-Government.</i></p> + +<p>From even the conservative point of view, local self-government has many +advantages. In this country, the glaring evils of the State, especially +those forming obstacles to political improvement and social progress, +come down from sources above the people. Under the existing +centralization whole communities may protest against governmental +abuses, be practically a unit in opposition to them, and yet be +hopelessly subject to them. Such centralization is despotism. It forms +as well the opportunity for the demagogue of to-day—for him who as +suppliant for votes is a wheedler and as politician and lawgiver a +trickster. Centralization confuses the voter, baffles the honest +newspaper, foments partisanship, and cheats the masses of their will. On +the other hand, to the extent that local independence is acquired, a +democratic community minimizes every such evil. In naturally guarding +itself against external interference, it seeks in its connection with +other communities the least common politi<a name="Page_102" id="Page_102"></a>cal bonds. It is watchful of +the home rule principle. Under its local self-government, government +plainly becomes no more than the management of what are wholly public +interests. The justice of lopping off from government all matters not +the common affairs of the citizens then becomes apparent. The character +of every man in the community being known, public duties are intrusted +with men who truly represent the citizens. The mere demagogue is soon +well known. Bribery becomes treachery to one's neighbor. The folly of +partisanship is seen. Public issues, usually relating to but local +matters, are for the most part plain questions. The press, no longer +absorbed in vague, far-off politics, aids, not the politicians, but the +citizens. Reasons, every one of these, for even the conservative to aid +in establishing local self-government.</p> + +<p>But the radical, looking further than the conservative, will see far +greater opportunities. In local self-government with direct legislation, +every possibility for his success that hope can suggest may be +perceived. If not in one locality, then in another, whatever political +projects are attainable within such limits by his school of philosophy +may be converted by him and his co-workers from theory to fact. Thence +on, if his philosophy is practicable, the field should naturally widen.</p> + +<p>The political philosophy I would urge on my fellow-citizens is summed up +in the neglected fundamental principle of this republic: Freedom and +equal rights.<a name="Page_103" id="Page_103"></a> The true point of view from which to see the need of the +application of this principle is from the position of the unemployed, +propertyless wage-worker. How local self-government and direct +legislation might promptly invest this slave of society with his primary +rights, and pave the way for further rights, may, step by step, be +traced.</p> + + +<p><br /><i>The Relation of Wages to Political Conditions.</i></p> + +<p>The wages scale pivots on the strike. The employer's order for a +reduction is his strike; to be effective, a reserve of the unemployed +must be at his command. The wage-worker's demand for an increase is his +strike; to be effective it must be backed up by the indispensableness of +his services to the employer. Accordingly as the worker forces up the +scale of wages, he is the more free, independent, and gainer of his +product. To show the most direct way to the conditions in which workers +may command steady work and raise their wages, this book is written. For +the wages question equitably settled, the foundation for every remaining +social reform is laid.</p> + +<p>To-day, in the United States, in scores, nay, hundreds, of industrial +communities the wage-working class is in the majority. The wage-workers +commonly believe, what is true, that they are the victims of injustice. +As yet, however, no project for restoring their rights has been +successful. All the radical means suggested have been beyond their +reach. But in so far as a single community may exercise equal rights +<a name="Page_104" id="Page_104"></a>and self-government, through these means it may approximate to just +social arrangements.</p> + +<p>Any American city of 50,000 inhabitants may be taken as illustrative of +all American industrial communities. In such a city, the economical and +political conditions are typical. The immediate commercial interests of +the buyers of labor, the employers, are opposed to those of the sellers +of labor, the employed. To control the price of labor, each of these +parties in the labor market resorts to whatever measures it finds within +command. The employers in many branches of industry actually, and +employers in general tacitly, combine against the labor organizations. +On the wage-workers' side, these organizations are the sole means, +except a few well-nigh futile laws, yet developed to raise wages and +shorten the work day. In case of a strike, the employers, to assist the +police in intimidating the strikers, may engage a force of armed +so-called detectives. Simply, perhaps, for inviting non-unionists to +cease work, the strikers are subject to imprisonment. Trial for +conspiracy may follow arrest, the judges allied by class interests with +the employers. The newspapers, careful not to offend advertisers, and +looking to the well-to-do for the mass of their readers, may be inclined +to exert an influence against the strikers. The solidarity of the +wage-workers incomplete, even many of these may regard the fate of the +strikers with indifference. In such situation, a strike of the +wage-workers may be made to appear to <a name="Page_105" id="Page_105"></a>all except those closely +concerned as an assault on the bulwarks of society.</p> + +<p>But what are the bulwarks of society directly arrayed against striking +wage-workers? They are a ring of employers, a ring of officials +enforcing class law made by compliant representatives at the bidding of +shrewd employers, and a ring of public sentiment makers—largely +professional men whose hopes lie with wealthy patrons. Behind these +outer barriers, and seldom affected by even widespread strikes, lies the +citadel in which dwell the monopolists.</p> + +<p>Such, in outline, are the intermingled political and economic conditions +common to all American industrial centres. But above every other fact, +one salient fact appears: On the wage-workers falls the burthen of class +law. On what, then, depends the wiping out of such law? Certainly on +nothing else so much as on the force of the wage-workers themselves. To +deprive their opponents of unjust legal advantages, and to invest +themselves with just rights of which they have been deprived, is a task, +outside their labor organizations, to be accomplished mainly by the +wage-workers. It is their task as citizens—their political task. With +direct legislation and local self-government, it is, in considerable +degree, a feasible, even an easy, task. The labor organizations might +supply the framework for a political party, as was done in New York city +in 1886. Then, as was the case in that campaign, when the labor party +polled 68,000 votes, even non-unionists might throw in the reinforcement +of <a name="Page_106" id="Page_106"></a>their otherwise hurtful strength. Success once in sight, the +organized wage-workers would surely find citizens of other classes +helping to swell their vote. And in the straightforward politics of +direct legislation, the labor leaders who command the respect of their +fellows might, without danger to their character and influence, go +boldly to the front.</p> + + +<p><br /><i>The Wage-Workers as a Political Majority.</i></p> + +<p>Suppose that as far as possible our industrial city of 50,000 +inhabitants should exercise self-government with direct legislation. +Various classes seeking to reform common abuses, certain general reforms +would immediately ensue. If the city should do what the Swiss have done, +it would speedily rid its administration of unnecessary office-holders, +reduce the salaries of its higher officials, and rescind outstanding +franchise privileges. If the municipality should have power to determine +its own methods of taxation, as is now in some respects the case in +Massachusetts towns, and toward which end a movement has begun in New +York, it would probably imitate the Swiss in progressively taxing the +higher-priced real estate, inheritances, and incomes. If the +wage-workers, a majority in a direct vote, should demand in all public +work the short hour day, they would get it, perhaps, as in the Rockland +town meeting, without question. Further, the wage-workers might vote +anti-Pinkerton ordinances, compel during strikes the neutrality of the +police, and place judges from their own ranks in at least the local +<a name="Page_107" id="Page_107"></a>courts. These tasks partly under way, a change in prevailing social +ideas would pass over the community. The press, echo, not of the widest +spread sentiments, but of controlling public opinion, would open its +columns to the wage-working class come to power. And, as is ever so when +the wage-workers are aggressive and probably may be dominant, the social +question would burn.</p> + + +<p><br /><i>The Entire Span of Equal Rights.</i></p> + +<p>The social question uppermost, the wage-workers—now in political +ascendency, and bent on getting the full product of their labor—would +seek further to improve their vantage ground. Sooner or later they would +inevitably make issue of the most urgent, the most persistent, economic +evil, local as well as general, the inequality of rights in the land. +They would affirm that, were the land of the community in use suitable +to the general needs, the unemployed would find work and the total of +production be largely increased. They would point to the vacant lots in +and about the city, held on speculation, commonly in American cities +covering a greater area than the land improved, and denounce so unjust a +system of land tenure. They could demonstrate that the price of the land +represented for the most part but the power of the owners to wring from +the producers of the city, merely for space on which to live and work, a +considerable portion of their product. They could with reason declare +that the withholding from use of the vacant <a name="Page_108" id="Page_108"></a>land of the locality was +the main cause of local poverty. And they would demand that legal +advantages in the local vacant lands should forthwith cease.</p> + +<p>In bringing to an end the local land monopoly, however, justice could be +done the landholders. Unquestionably the fairest measure to them, and at +the same time the most direct method of giving to city producers, if not +free access to land, the next practicable thing to it, would be for the +municipality to convert a part of the local vacant land into public +property, and to open it in suitable plots to such citizens as should +become occupiers. Sufficient land for this purpose might be acquired +through eminent domain. The purchase money could be forthcoming from +several sources—from progressive taxation in the direct forms already +mentioned, from the city's income from franchises, and from the savings +over the wastes of administration under present methods.</p> + +<p>From the standpoint of equal rights there need be no difficulty in +meeting the arguments certain to be brought against this proposed +course—such sophistical arguments as that it is not the business of a +government to take property from some citizens to give to others. If the +unemployed, propertyless wage-worker has a right to live, he has the +right to sustain life. To sustain life independently of other men's +permission, access to natural resources is essential. This primary right +being denied the wage-workers as a class, any or all of whom, if +unemployed, might soon be propertyless, they might in justice proceed to +enforce it. To <a name="Page_109" id="Page_109"></a>enforce it by means involving so little friction as +those here proposed ought to win, not opposition, but approval.</p> + +<p>Equal rights once conceded as just, this reasoning cannot be refuted. +Discussed in economic literature since before the day of Adam Smith, it +has withstood every form of assault. If it has not been acted on in the +Old World, it is because the wage-workers there, ignorant and in general +deprived of the right to vote, have been helpless; and if not in the +New, because, first, until within recent years the free western lands, +attracting the unemployed and helping to maintain wages, in a measure +gave labor access to nature, and, secondly, since the practical +exhaustion of the free public domain the industrial wage-workers have +not perceived how, through politics, to carry out their convictions on +the land question.</p> + +<p>Our reasoning is further strengthened by law and custom in state and +nation. In nearly every state, the constitution declares that the +original and ultimate ownership of the land lies with all its people; +and hence the method of administering the land is at all times an open +public question. As to the nation at large, its settled policy and +long-continued custom support the principle that all citizens have +inalienable rights in the land. Instead of selling the national domain +in quantities to suit purchasers, the government has held it open free +to agricultural laborers, literally millions of men being thus given +access to the soil. Moreover, in thirty-seven of the forty-four <a name="Page_110" id="Page_110"></a>states, +execution for debt cannot entirely deprive a man of his homestead, the +value exempt in many of the states being thousands of dollars. Thus the +general welfare has dictated the building up and the securing of a home +for every laboring citizen.</p> + +<p>In line, then, with established American principles is the proposition +for municipal lands. And if municipalities have extended to capitalists +privileges of many kinds, even granting them gratis sites for +manufactories, and for terms of years exempting such real estate from +taxation, why not accord to the wage-workers at least their primary +natural rights? If any property be exempted from taxation, why not the +homesite below a certain fixed value? And if, for the public benefit, +municipalities provide parks, museums, and libraries, why not give each +producer a homesite—a footing on the earth? He who has not this is +deprived of the first right to do that by which he must live, namely, +labor.</p> + + +<p><br /><i>Effects of Municipal Land.</i></p> + +<p>A city public domain, open to citizen occupiers under just stipulations, +would in several directions have far-reaching results.</p> + +<p>Should this domain be occupied by, say, one thousand families of a +population of 50,000, an immediate result, affecting the whole city, +would be a fall in rents. In fact, the mere existence of the public +domain, with a probability that his tenants would remove to it, might +cause a landlord to reduce his rents.<a name="Page_111" id="Page_111"></a> Besides, the value of all land, +in the city and about it, held on speculation, would fall. Save in +instances of particular advantage, the price of unimproved residence +lots would gravitate toward the cost, all things considered, of +residence lots in the public domain. This, for these reasons: The corner +in land would be broken. Home builders would pay a private owner no more +for a lot than the cost of a similar one in the public area. As houses +went up on the public domain, the chances of landholders to sell to +builders would be diminished. Sellers of land, besides competing with +the public land, would then compete with increased activity with one +another. Finally, just taxation of their land, valueless as a +speculation, would oblige landowners to sell it or to put it to good +use.</p> + +<p>Even should the growth of the city be rapid, the value of land in +private hands could in general advance but little, if at all. With the +actual demands of an increased population, the public domain might from +time to time be enlarged; but not, it may reasonably be assumed, at a +rate that would give rise to an upward tendency of prices in the face of +the above-mentioned factors contributing to a downward tendency.</p> + +<p>At this point it may be well to remember that, conditions of land +purchase by the city being subject to the Referendum, the buying could +hardly be accompanied by corrupt bargaining.</p> + +<p>When the effect of the public land in depressing land values, in other +words in enabling producers to retain the more of their product, was +seen, private as <a name="Page_112" id="Page_112"></a>well as public agencies might aid in enlarging the +scope of that effect. The philanthropic might transfer land to the +municipality, preferring to help restore just social conditions rather +than to aid in charities that leave the world with more poor than ever; +the city might provide for a gradual conversion, in the course of time, +of all the land within its limits to public control, first selecting, +with the end in view, tracts of little market value, which, open to +occupiers, would assist in keeping down the value of lands held +privately.</p> + +<p>But the more striking results of city public land would lie in another +direction. The spontaneous efforts of each individual to increase and to +secure the product of his labor would turn the current of production +away from the monopolists and toward the producers. With a lot in the +public domain, a wage-worker might soon live in his own cottage. As the +settler often did in the West, to acquire a home he might first build +two or four rooms as the rear, and, living in it, with later savings put +up the front. A house and a vegetable garden, with the increased +consequent thrift rarely in such situation lacking, would add a large +fraction to his year's earnings. Pasture for a cow in suburban city land +would add yet more. Then would this wage-earner, now his own landlord +and in part a direct producer from the soil, withdraw his children from +the labor market, where they compete for work perhaps with himself, and +send them on to school.<a name="Page_113" id="Page_113"></a></p> + +<p>What would now happen should the wage-workers of the city demand higher +wages? It is hardly to be supposed that any industrial centre could +reach the stage of radical reform contemplated at this point much in +advance of others. When the labor organizations throughout the country +take hold of direct legislation, and taste of its successes, they will +nowhere halt. They will no more hesitate than does a conquering army. +Learning what has been done in Switzerland, they will go the lengths of +the Swiss radicals and, with more elbow room, further. Hence, when in +one industrial centre the governing workers should seek better terms, +similar demands from fellow laborers, as able to enforce them, would be +heard elsewhere.</p> + +<p>The employer of our typical city, even now often unable to find outside +the unions the unemployed labor he must have, would then, should he +attempt it, to a certainty fail. The thrifty wage-working householder, +today a tenant fearful of loss of work, could then strike and stay out. +The situation would resemble that in the West twenty years ago, when +open land made the laborer his own master and wages double what they are +now. Wages, then, would perforce be moved upward, and hours be +shortened, and a long step be made toward that state of things in which +two employers offer work to one employé. And, legal and social forces no +longer irresistibly opposed to the wage-workers, thenceforth wages would +advance. At every stage they would tend to the maximum possible under +the improved conditions. In the end, under fully equal <a name="Page_114" id="Page_114"></a>conditions, +everywhere, for all classes, the producer would gather to himself the +full product of his labor.</p> + +<p>The average business man, too, of the city of our illustration, himself +a producer—that is, a help to the consumer—would under the better +conditions reap new opportunities. Far less than now would he fear +failure through bad debts and hard times; through the wage-workers' +larger earnings, he would obtain a larger volume of trade; he would +otherwise naturally share in the generally increased production; and he +would participate in the common benefits from the better local +government.</p> + +<p>But the disappearance of the local monopolist would be predestined. The +owner of local franchises would already have gone. The local land +monopolist would have seen his land values diminished. In every such +case, the monopolist's loss would be the producer's gain. The aggregate +annual earnings of all the city's producers (the wage-workers, the +land-workers, and the men in productive business) would rise toward +their natural just aggregate—all production. As between the various +classes within the city, a condition approximating to justice in +political and economic arrangements would now prevail.</p> + +<p>What would thus be likely to happen in our typical city of 50,000 +inhabitants would also, in greater or less degree, be possible in all +industrial towns and cities. In every such place, self-government and +direct legislation could solve the more pressing immediate phases of the +labor question and create the local <a name="Page_115" id="Page_115"></a>conditions favorable to remodeling, +and as far as possible abolishing, the superstructure of government.</p> + + +<p><br /><i>Wider Applications of These Principles and Methods.</i></p> + +<p>The political and economic arrangements extending beyond the control of +the municipalities would now, if they had not done so before, challenge +attention. In taking up with reform in this wider field, the industrial +wage-workers would come in contact with those farmers who are demanding +radical reforms in state and nation. As the sure instrument for the +citizenship of a state, direct legislation could again with confidence +be employed. No serious opposition, in fact or reason, could be brought +against it. That the mass of voters might prove too unwieldy for the +method would be an assertion to be instantly refuted by Swiss +statistics. In Zurich, the most radically democratic canton of +Switzerland, the people number 339,000; the voters, 80,000. In Berne, +which has the obligatory Referendum, the population is 539,000. And it +must not be overlooked that the entire Swiss Confederation, with 600,000 +voters, now has both Initiative and Referendum. Hence, in any state of +the Union, direct legislation on general affairs may be regarded as +immediately practicable, while in many of the smaller states the +obligatory Referendum may be applied to particulars. And even in the +most populous states, when special legislation should be cast aside, and +local legislation left to the localities affected, complete direct +<a name="Page_116" id="Page_116"></a>legislation need be no more unmanageable than in the smallest.</p> + +<p>United farmers, wage-workers, and other classes of citizens, in the +light of these facts, might naturally demand direct legislation. +Foreseeing that in time such union will be inevitable, what more natural +for the producing classes in revolt than to unite today in voting, if +not for other propositions, at least for direct legislation and home +rule? These forces combined in any state, it seems improbable that +certain political and economic measures now supported by farmer and +wage-worker alike could long fail to become law. Already, under the +principle that "rights should be equal to all and special privileges be +had by none," farmers' and wage-workers' parties are making the +following demands: That taxation be not used to build up one interest or +class at the expense of another; that the public revenues be no more +than necessary for government expenditures; that the agencies of +transportation and communication be operated at the lowest cost of +service; that no privileges in banking be permitted; that woman have the +vote wherever justice gives it to man; that no force of police, +marshals, or militiamen not commissioned by their home authorities be +permitted anywhere to be employed; that monopoly in every form be +abolished and the personal rights of every individual respected. These +demands are all in agreement with the spirit of freedom. Along the lines +they mark out, the future successes of the radical social reformers will +most prob<a name="Page_117" id="Page_117"></a>ably come. But if, in response to a call nowadays frequently +heard, the many incipient parties should decide to unite on one or a few +things, is it not clear that in natural order the first reforms needed +are direct legislation and local self-government?</p> + +<p>To a party logically following the principle of equal rights, the +progress in Switzerland under direct legislation would form an +invaluable guide. The Swiss methods of controlling the railroads and +banks of issue, and of operating the telegraph and telephone services, +deserve study and, to the extent that our institutions admit, imitation. +The organization of the Swiss State and its subdivisions is simple and +natural. The success of their executive councils may in this country +assist in raising up the power of the people as against one man power. +The fact that the cantons have no senates and that a second chamber is +an obstacle to direct legislation may here hasten the abolition of these +nurseries of aristocracy.</p> + +<p>With the advance of progress under direct legislation, attention would +doubtless be attracted in the United States, as it has been in +Switzerland, to the nicer shades of justice to minorities and to the +broader fields of internal improvement. As in the cantons of Ticino and +Neuchâtel, our legislative bodies might be opened to minority +representatives. As in the Swiss Confederation, the great forests might +be declared forever the inheritance of the nation. What public lands yet +remain in each state might be withheld from private ownership except on +occupancy and use, and <a name="Page_118" id="Page_118"></a>the area might be so increased as to enable +every producer desiring it to exercise the natural right of free access +to the soil. Then the right to labor, now being demanded through the +Initiative by the Swiss workingmen's party, might here be made an +admitted fact. And as is now also being done in Switzerland, the public +control might be extended to water powers and similar resources of +nature.</p> + +<p>Thus in state and nation might practicable radical reforms make their +way. From the beginning, as has been seen, benefits would be widespread. +It might not be long before the most crying social evils were at an end. +Progressive taxation and abolition of monopoly privileges would cause +the great private fortunes of the country to melt away, to add to the +producers' earnings. On a part of the soil being made free of access, +the land-hungry would withdraw from the cities, relieving the +overstocked labor markets. Poverty of the able-bodied willing to work +might soon be even more rare than in this country half a century ago, +since methods of production at that time were comparatively primitive +and the free land only in the West. If Switzerland, small in area, +naturally a poor country, and with a dense population, has gone far +toward banishing pauperism and plutocracy, what wealth for all might not +be reckoned in America, so fertile, so broad, so sparsely populated!</p> + +<p>And thus the stages are before us in the course of which the coming just +society may gradually be established—that society in which the +individual shall <a name="Page_119" id="Page_119"></a>attain his highest liberty and development, and +consequently his greatest happiness. As lovers of freedom even now +foresee, in that perfect society each man will be master of himself; +each will act on his own initiative and control the full product of his +toil. In that society, the producer's product will not, as now, be +diminished by interest, unearned profits, or monopoly rent of natural +resources. Interest will tend to disappear because the products of labor +in the hands of every producer will be abundant—so abundant that, +instead of a borrower paying interest for a loan, a lender may at times +pay, as for an accommodation, for having his products preserved. +Unearned profits will tend to disappear because, no monopolies being in +private hands, and free industry promoting voluntary coöperation, few +opportunities will exist for such profits. Monopoly rent will disappear +because, the natural right to labor on the resources of nature made a +legal right, no man will be able to exact from another a toll for leave +to labor. Whatever rent may arise from differences in the qualities of +natural resources will be made a community fund, perhaps to be +substituted for taxes or to be divided among the producers.</p> + +<p>The natural political bond in such a society is plain. Wherein he +interferes with no other man, every individual possessing faculty will +be regarded as his own supreme sovereign. Free, because land is free, +when he joins a community he will enter into social relations with its +citizens by contract. He will legislate (form contracts) with the rest +of his immediate com<a name="Page_120" id="Page_120"></a>munity in person. Every community, in all that +relates peculiarly to itself, will be self-governing. Where one +community shall have natural political bonds with another, or in any +respect form with several others a greater community, the +circumscription affected will legislate through central committees and a +direct vote of the citizenship. Executives and other officials will be +but stewards. In a society so constituted, communities that reject the +elements of political success will languish; free men will leave them. +The communities that accept the elements of success, becoming examples +through their prosperity, will be imitated; and thus the momentum of +progress will be increased. Communities free, state boundaries as now +known will be wiped out; and in the true light of rights in voting—the +rights of associates in a contract to express their choice—few +questions will affect wide territories. Rarely will any question be, in +the sense the word is now used, national; the ballot-box may never unite +the citizens of the Atlantic coast with those of the Pacific. Yet, in +this decomposition of the State into its natural units—in this +resolving of society into its constituent elements—may be laid the sole +true, natural, lasting basis of the universal republic, the primary +principle of which can be no other thing than freedom.</p> + + + +<div class="footnotes"><h3>FOOTNOTES:</h3> + +<div class="footnote"><p><a name="Footnote_A_1" id="Footnote_A_1"></a><a href="#FNanchor_A_1"><span class="label">[A]</span></a> J.M. Vincent: "State and Federal Government in +Switzerland."</p></div> + +<div class="footnote"><p><a name="Footnote_B_2" id="Footnote_B_2"></a><a href="#FNanchor_B_2"><span class="label">[B]</span></a> Vincent.</p></div> + +<div class="footnote"><p><a name="Footnote_C_3" id="Footnote_C_3"></a><a href="#FNanchor_C_3"><span class="label">[C]</span></a> For constitutional amendments only.</p></div> + +<div class="footnote"><p><a name="Footnote_D_4" id="Footnote_D_4"></a><a href="#FNanchor_D_4"><span class="label">[D]</span></a> While the reports of the Secretary of State and "The +History of the Referendum," by Th. Curti, will bear out many of the +statements here made as to how the change from representative to direct +legislation came about, the story as I give it has been written me by +Herr Carl Bürkli, of Zurich, known in his canton as the "Father of the +Referendum."</p></div> + +<div class="footnote"><p><a name="Footnote_E_5" id="Footnote_E_5"></a><a href="#FNanchor_E_5"><span class="label">[E]</span></a> The facts relative to the operation of these two forms of +the Referendum have been given me by Monsieur P. Jamin, of Geneva.</p></div> + +<div class="footnote"><p><a name="Footnote_F_6" id="Footnote_F_6"></a><a href="#FNanchor_F_6"><span class="label">[F]</span></a> Vincent.</p></div> + +<div class="footnote"><p><a name="Footnote_G_7" id="Footnote_G_7"></a><a href="#FNanchor_G_7"><span class="label">[G]</span></a> Vincent.</p></div> + +<div class="footnote"><p><a name="Footnote_H_8" id="Footnote_H_8"></a><a href="#FNanchor_H_8"><span class="label">[H]</span></a> A vote, October 18, 1891, made note-issuing a federal +monopoly.</p></div> + +</div> + + +<hr style="width: 65%;" /> +<h2><a name="INDEX" id="INDEX" /><a name="Page_121" id="Page_121"></a>INDEX.</h2> + + +<p> +<b>A</b><br /> +<br /> +Aargau,<a href='#Page_12'>12</a>,<a href='#Page_13'>13</a><br /> +<br /> +Abolition of the lawmaking monopoly,<a href='#Page_100'>100</a><br /> +<br /> +"A Concept of Political Justice", <a href='#Page_1'>i</a><br /> +<br /> +Adams, Sir Francis Ottiwell ("The Swiss Confederation"), <a href='#Page_1'>iii</a><br /> +<br /> +Alcohol, State monopoly, Switzerland,<a href='#Page_59'>59</a><br /> +<br /> +Appenzell,<a href='#Page_8'>8</a>,<a href='#Page_13'>13</a>,<a href='#Page_65'>65</a><br /> +<br /> +Area of Switzerland,<a href='#Page_14'>14</a>,<a href='#Page_48'>48</a><br /> +<br /> +"Arena",<a href='#Page_27'>27</a><br /> +<br /> +Army, a democratic,<a href='#Page_41'>41</a>,<a href='#Page_42'>42</a><br /> +<br /> +Assembly, Federal, Switzerland,<a href='#Page_22'>22</a>,<a href='#Page_35'>35</a><br /> +<br /> +<br /> +<b>B</b><br /> +<br /> +Bâle,<a href='#Page_12'>12</a>,<a href='#Page_13'>13</a>,<a href='#Page_61'>61</a><br /> +<br /> +Banking, Switzerland,<a href='#Page_54'>54</a><br /> +<br /> +Berne,<a href='#Page_10'>10</a>,<a href='#Page_12'>12</a>,<a href='#Page_13'>13</a>,<a href='#Page_61'>61</a>,<a href='#Page_115'>115</a><br /> +<br /> +Bryce, James, "American Commonwealth",<a href='#Page_85'>85</a><br /> +<br /> +Bürkli, Carl,<a href='#Page_16'>16</a><br /> +<br /> +<br /> +<b>C</b><br /> +<br /> +Canton, organization of the,<a href='#Page_34'>34</a><br /> +<br /> +Cantons (states), names of the twenty-two,<a href='#Page_13'>13</a><br /> +<br /> +Cigar-Makers' Union,<a href='#Page_87'>87</a>,<a href='#Page_88'>88</a><br /> +<br /> +Climate, Switzerland,<a href='#Page_48'>48</a><br /> +<br /> +Communal lands,<a href='#Page_63'>63</a>,<a href='#Page_70'>70</a><br /> +<br /> +Communal meeting, the,<a href='#Page_7'>7</a>,<a href='#Page_32'>32</a>,<a href='#Page_33'>33</a><br /> +<span style="margin-left: 1em;">subjects covered at,<a href='#Page_8'>8</a></span><br /> +<span style="margin-left: 1em;">organization,<a href='#Page_32'>32</a></span><br /> +<br /> +Communes (townships) 2,706 in number,<a href='#Page_7'>7</a><br /> +<br /> +Congress (Federal Assembly), Switzerland,<a href='#Page_22'>22</a>,<a href='#Page_35'>35</a><br /> +<br /> +Congress, United States, at work,<a href='#Page_92'>92</a><br /> +<br /> +Considérant, Victor,<a href='#Page_16'>16</a><br /> +<br /> +Constitutions, revision of Swiss,<a href='#Page_23'>23</a><br /> +<span style="margin-left: 1em;">spirit of Swiss,<a href='#Page_31'>31</a></span><br /> +<br /> +<br /> +<b>D</b><br /> +<br /> +Dates—First Swiss Constitution,<a href='#Page_14'>14</a><br /> +<span style="margin-left: 1em;">Federal Referendum began,<a href='#Page_14'>14</a></span><br /> +<span style="margin-left: 1em;">Federal Initiative adopted,<a href='#Page_14'>14</a></span><br /> +<span style="margin-left: 1em;">cantonal Referendum began,<a href='#Page_14'>14</a></span><br /> +<span style="margin-left: 1em;">progress of cantonal Referendum,<a href='#Page_15'>15</a></span><br /> +<span style="margin-left: 1em;">French theorists' discussion of Referendum,<a href='#Page_14'>14</a></span><br /> +<span style="margin-left: 1em;">cantonal Referendum established in Zurich,<a href='#Page_16'>16</a></span><br /> +<span style="margin-left: 1em;">New England town meeting,<a href='#Page_80'>80</a></span><br /> +<br /> +Debts, public, Switzerland,<a href='#Page_57'>57</a><br /> +<br /> +Democracy vs. representative government,<a href='#Page_5'>5</a><br /> +<br /> +Dicey, A.V.,<a href='#Page_28'>28</a><br /> +<br /> +Diet,<a href='#Page_10'>10</a>,<a href='#Page_37'>37</a><br /> +<br /> +Droz, Numa,<a href='#Page_19'>19</a><br /> +<br /> +<br /> +<b>E</b><br /> +<br /> +Elections, semi-annual,<a href='#Page_20'>20</a><br /> +<br /> +Environment of the Swiss citizen,<a href='#Page_31'>31</a><br /> +<br /> +Equal rights,<a href='#Page_107'>107</a><br /> +<br /> +Executive councils, Swiss,<a href='#Page_36'>36</a>,<a href='#Page_37'>37</a>,<a href='#Page_40'>40</a><br /> +<br /> +<br /> +<b>F</b><br /> +<br /> +Facts established by this book,<a href='#Page_95'>95</a><br /> +<br /> +Fiske, John, on town meeting,<a href='#Page_80'>80</a><br /> +<br /> +Freedom in Switzerland,<a href='#Page_57'>57</a><br /> +<br /> +Freiburg,<a href='#Page_12'>12</a><br /> +<br /> +<br /> +<b>G</b><br /> +<br /> +Garment Workers, United,<a href='#Page_88'>88</a><br /> +<br /> +Geneva,<a href='#Page_12'>12</a>,<a href='#Page_13'>13</a>,<a href='#Page_61'>61</a><br /> +<br /> +Glarus,<a href='#Page_12'>12</a>,<a href='#Page_13'>13</a>,<a href='#Page_65'>65</a>,<a href='#Page_66'>66</a>,<a href='#Page_67'>67</a><br /> +<br /> +Grand Council,<a href='#Page_18'>18</a>,<a href='#Page_20'>20</a>,<a href='#Page_34'>34</a><br /> +<br /> +Grisons,<a href='#Page_12'>12</a>,<a href='#Page_13'>13</a>,<a href='#Page_61'>61</a><br /> +<br /> +<br /> +<b>H</b><br /> +<br /> +Highways, Switzerland,<a href='#Page_50'>50</a><br /> +<br /> +<br /> +<b>I</b><br /> +<br /> +Illiteracy in Switzerland,<a href='#Page_27'>27</a><br /> +<br /> +Immigration into Switzerland,<a href='#Page_70'>70</a><br /> +<br /> +Initiative and Referendum in labor organizations,<a href='#Page_87'>87</a><br /> +<br /> +Initiative, cantonal,<a href='#Page_11'>11</a><br /> +<span style="margin-left: 1em;">Federal,<a href='#Page_22'>22</a></span><br /> +<span style="margin-left: 1em;">not a simple petition,<a href='#Page_22'>22</a></span><br /> +<span style="margin-left: 1em;">what it is,<a href='#Page_10'>10</a></span><br /> +<br /> +Instruction in Switzerland,<a href='#Page_27'>27</a><br /> +<br /> +<br /> +<b>J</b><br /> +<br /> +Jamin, P,<a href='#Page_17'>17</a><br /> +<br /> +Jesuits expelled from Switzerland,<a href='#Page_58'>58</a><br /> +<br /> +Judiciary, Swiss,<a href='#Page_40'>40</a><br /> +<br /> +Jurors, Swiss, elected,<a href='#Page_40'>40</a><br /> +<br /> +<br /> +<b>L</b><br /> +<br /> +Land and climate, Switzerland,<a href='#Page_47'>47</a><br /> +<br /> +Land, tenure and distribution of, Switzerland,<a href='#Page_63'>63</a>,<a href='#Page_70'>70</a><br /> +<span style="margin-left: 1em;">Public,<a href='#Page_64'>64</a>,<a href='#Page_65'>65</a></span><br /> +<br /> +Landsgemeinde,<a href='#Page_8'>8</a>,<a href='#Page_63'>63</a><br /> +<br /> +Languages in Switzerland,<a href='#Page_13'>13</a><br /> +<br /> +Legislation by representatives,<a href='#Page_92'>92</a><br /><a name="Page_122" id="Page_122"></a> +<br /> +Legislators, pay of Swiss,<a href='#Page_35'>35</a><br /> +<br /> +Legislatures in Switzerland,<a href='#Page_34'>34</a><br /> +<br /> +Local self-government,<a href='#Page_101'>101</a><br /> +<br /> +Lucerne,<a href='#Page_12'>12</a>,<a href='#Page_13'>13</a><br /> +<br /> +<br /> +<b>M</b><br /> +<br /> +Machines kill third parties,<a href='#Page_98'>98</a><br /> +<br /> +McCrackan, W.D.,<a href='#Page_27'>27</a><br /> +<br /> +Military system, Swiss,<a href='#Page_42'>42</a>,<a href='#Page_43'>43</a><br /> +<br /> +Moses, Prof. Bernard ("The Federal Government of Switzerland"), <a href='#Page_1'>iii</a><br /> +<br /> +Municipal land,<a href='#Page_110'>110</a><br /> +<br /> +<br /> +<b>N</b><br /> +<br /> +Nelson, Henry Loomis, on the town meeting,<a href='#Page_79'>79</a><br /> +<br /> +Neuchâtel,<a href='#Page_12'>12</a>,<a href='#Page_13'>13</a>,<a href='#Page_61'>61</a><br /> +<br /> +New England town meeting,<a href='#Page_72'>72</a><br /> +<br /> +<br /> +<b>O</b><br /> +<br /> +Oberholtzer, Ellis P., on Referendum in the United States,<a href='#Page_82'>82</a><br /> +<br /> +Objections to the optional Referendum,<a href='#Page_18'>18</a><br /> +<br /> +Obligatory and optional Referendum,<a href='#Page_13'>13</a>,<a href='#Page_17'>17</a><br /> +<br /> +Obligatory Referendum in Zurich,<a href='#Page_20'>20</a><br /> +<br /> +One-man power unknown in Switzerland,<a href='#Page_34'>34</a><br /> +<br /> +<br /> +<b>P</b><br /> +<br /> +Parliamentary government abolished,<a href='#Page_30'>30</a><br /> +<br /> +Political status in Switzerland,<a href='#Page_25'>25</a><br /> +<br /> +Population, Switzerland, cantons, cities,<a href='#Page_13'>13</a>,<a href='#Page_14'>14</a><br /> +<br /> +Post-office, Switzerland,<a href='#Page_49'>49</a><br /> +<br /> +Poverty in Switzerland,<a href='#Page_68'>68</a><br /> +<br /> +President of the Confederation,<a href='#Page_38'>38</a><br /> +<br /> +Press, the Swiss,<a href='#Page_26'>26</a><br /> +<br /> +Principles of a free society,<a href='#Page_25'>25</a><br /> +<br /> +Proportional representation,<a href='#Page_117'>117</a><br /> +<br /> +<br /> +<b>R</b><br /> +<br /> +Railroads, Switzerland,<a href='#Page_49'>49</a><br /> +<br /> +Referendum, Federal, Switzerland,<a href='#Page_21'>21</a>,<a href='#Page_22'>22</a><br /> +<span style="margin-left: 1em;">in labor organizations,<a href='#Page_87'>87</a></span><br /> +<span style="margin-left: 1em;">instrument of the minority,<a href='#Page_22'>22</a></span><br /> +<span style="margin-left: 1em;">in the United States,<a href='#Page_72'>72</a></span><br /> +<span style="margin-left: 1em;">in various states, cities, etc.,<a href='#Page_82'>82</a></span><br /> +<span style="margin-left: 1em;">not the plébiscite,<a href='#Page_29'>29</a></span><br /> +<span style="margin-left: 1em;">obligatory,<a href='#Page_13'>13</a>, 17,<a href='#Page_20'>20</a></span><br /> +<span style="margin-left: 1em;">optional,<a href='#Page_13'>13</a>,<a href='#Page_17'>17</a>,<a href='#Page_18'>18</a></span><br /> +<span style="margin-left: 1em;">what it is,<a href='#Page_10'>10</a></span><br /> +<br /> +Rittinghausen,<a href='#Page_16'>16</a><br /> +<br /> +Rockland, Mass., town meeting,<a href='#Page_73'>73</a><br /> +<br /> +Rotation in office a partisan idea,<a href='#Page_39'>39</a>,<a href='#Page_83'>83</a><br /> +<br /> +<br /> +<b>S</b><br /> +<br /> +Salaries of Swiss officials,<a href='#Page_35'>35</a>,<a href='#Page_36'>36</a>,<a href='#Page_38'>38</a><br /> +<br /> +Salvation Army, Switzerland,<a href='#Page_58'>58</a><br /> +<br /> +Schaffhausen,<a href='#Page_12'>12</a>,<a href='#Page_13'>13</a><br /> +<br /> +Schwyz,<a href='#Page_8'>8</a>,<a href='#Page_12'>12</a>,<a href='#Page_13'>13</a>,<a href='#Page_65'>65</a><br /> +<br /> +Senates, no cantonal,<a href='#Page_34'>34</a><br /> +<br /> +Soleure,<a href='#Page_12'>12</a>,<a href='#Page_13'>13</a><br /> +<br /> +Stage routes, Switzerland,<a href='#Page_52'>52</a><br /> +<br /> +State religions, Switzerland,<a href='#Page_33'>33</a><br /> +<br /> +St. Gall,<a href='#Page_12'>12</a>,<a href='#Page_13'>13</a>,<a href='#Page_65'>65</a>,<a href='#Page_66'>66</a><br /> +<br /> +Statistics as to Switzerland,<a href='#Page_13'>13</a>,<a href='#Page_14'>14</a><br /> +<br /> +Summary of results of direct legislation in Switzerland,<a href='#Page_70'>70</a><br /> +<br /> +Sunday, votings and communal meetings on,<a href='#Page_8'>8</a><br /> +<br /> +Switzerland long undemocratic,<a href='#Page_60'>60</a><br /> +<br /> +<br /> +<b>T</b><br /> +<br /> +Table—Population, languages, form of passing laws, year of entering Switzerland,<a href='#Page_13'>13</a><br /> +<br /> +Tariff, protective, Switzerland,<a href='#Page_58'>58</a><br /> +<br /> +Taxes, Switzerland,<a href='#Page_52'>52</a><br /> +<br /> +Telegraph and telephone, Switzerland,<a href='#Page_50'>50</a><br /> +<br /> +Thurgau,<a href='#Page_12'>12</a>,<a href='#Page_13'>13</a><br /> +<br /> +Ticino,<a href='#Page_12'>12</a>,<a href='#Page_13'>13</a>,<a href='#Page_59'>59</a>,<a href='#Page_66'>66</a>,<a href='#Page_67'>67</a><br /> +<br /> +Typographical Union,<a href='#Page_89'>89</a><br /> +<br /> +<br /> +<b>U</b><br /> +<br /> +Unterwald,<a href='#Page_12'>12</a>,<a href='#Page_13'>13</a>,<a href='#Page_65'>65</a>,<a href='#Page_66'>66</a><br /> +<br /> +Urgence,<a href='#Page_17'>17</a><br /> +<br /> +Uri,<a href='#Page_12'>12</a>,<a href='#Page_13'>13</a>,<a href='#Page_65'>65</a><br /> +<br /> +<br /> +<b>V</b><br /> +<br /> +Valais,<a href='#Page_12'>12</a>,<a href='#Page_13'>13</a>,<a href='#Page_61'>61</a>,<a href='#Page_66'>66</a><br /> +<br /> +Vaud,<a href='#Page_12'>12</a>,<a href='#Page_13'>13</a>,<a href='#Page_66'>66</a><br /> +<br /> +Vincent, Prof. John Martin ("State and Federal Government of<br /> +Switzerland"), <a href='#Page_1'>iii</a><br /> +<span style="margin-left: 1em;">references to,<a href='#Page_8'>8</a>,<a href='#Page_32'>32</a>,<a href='#Page_34'>34</a>,<a href='#Page_61'>61</a></span><br /> +<br /> +Vote-buying,<a href='#Page_20'>20</a><br /> +<br /> +<br /> +<b>W</b><br /> +<br /> +Wage-workers in the majority,<a href='#Page_106'>106</a><br /> +<br /> +Wages and political conditions,<a href='#Page_103'>103</a><br /> +<br /> +"Westminster Review",<a href='#Page_28'>28</a>,<a href='#Page_45'>45</a><br /> +<br /> +Winchester, Boyd ("The Swiss Republic"), <a href='#Page_2'>iv</a><br /> +<span style="margin-left: 1em;">reference to,<a href='#Page_63'>63</a></span><br /> +<br /> +Wuarin, Louis,<a href='#Page_30'>30</a><br /> +<br /> +<br /> +<b>Z</b><br /> +<br /> +Zurich,<a href='#Page_13'>13</a>,<a href='#Page_16'>16</a>,<a href='#Page_20'>20</a>,<a href='#Page_21'>21</a>,<a href='#Page_61'>61</a>,<a href='#Page_65'>65</a>,<a href='#Page_115'>115</a><br /> +<br /> +Zug,<a href='#Page_12'>12</a>,<a href='#Page_13'>13</a><br /> <br /> +</p> + + + +<hr style="width: 65%;" /> + + +<h3><a name="Page_123" id="Page_123"></a>Liberty</h3> + +<h5>NOT THE DAUGHTER BUT THE MOTHER OF ORDER</h5> + +<p class="center">PUBLISHED WEEKLY.</p> + +<p class="center">PIONEER ORGAN OF ANARCHISM IN AMERICA.</p> + +<p class="center">BENJ. R. TUCKER, <span class="smcap">Editor</span>.</p> + +<p class="center"><b>Two Dollars a Year. Single Copies, Four Cents.</b></p> + +<blockquote><p>A thoughtful, resolute, unique, uncompromising, unterrified, consistent, +severely critical, able, fair, and honest exponent of the doctrine that +Equal Liberty is the necessary basis of Social Harmony.</p> + +<p>A journal edited to suit its editor, not its readers. If it suits its +readers, so much the better.</p></blockquote> + +<h4>UNPARALLELED PREMIUMS.</h4> + +<blockquote> +<p>Every person sending $2 for a year's subscription to Liberty enjoys the +privilege, while the subscription continues, of <i>buying all books, +periodicals, and stationery at wholesale prices</i>. In April, 1893,</p> + +<p class="center"><b>One Subscriber Alone Saved $30.37</b></p> + +<p>by this privilege; very many subscribers save over $10 a year by it; +nearly every subscriber saves more than the cost of subscription. This +is the <i>most valuable premium ever offered by a newspaper</i>.</p> + +<p>Every <i>new</i> subscriber agreeing to send $2, and <i>mentioning this +advertisement</i>, will receive <span class="smcap">Liberty</span> for a year, together with +the above-named privilege, and an outright gift of the following books: +<span class="smcap">My Uncle Benjamin</span>, by Tillier, paper, 312 pages, retailing at +50 cents; <span class="smcap">The Rag-Picker of Paris</span>, by Pyat, illustrated, paper, +325 pages, retailing at 50 cents; <span class="smcap">Church and State</span>, by Tolstoi, +paper, 169 pages, retailing at 25 cents; <span class="smcap">The Fruits of Culture</span>, +by Tolstoi, paper, 185 pages, retailing at 25 cents; <span class="smcap">A Tale of Two +Cities</span> (Dickens's greatest novel) and <span class="smcap">Sketches by Boz</span>, +paper, retailing at 25 cents. These are not cheap books. The type is +large and the paper good.</p> + +<p>The subscriber, if he prefers, may select, instead of the six volumes +just mentioned, the following: <span class="smcap">Shakspere's Complete Works</span>, one +volume, royal octavo, bound in extra cloth and stamped in gold, and +<span class="smcap">Emerson's Essays</span>, first and second series, two volumes, 12 mo, +cloth, in a box.</p> + +<p>Every <i>new</i> subscriber agreeing to send $4, and <i>mentioning this +advertisement</i>, will receive <span class="smcap">Liberty</span> for a year, the +wholesale-price privilege, and a set of</p> + +<h5>THE COMPLETE WORKS OF CHARLES DICKENS,</h5> + +<p>in Fifteen Volumes of 400 to 500 pages each, <i>bound in cloth</i>, stamped +in gold and black, large type, good paper, 237 illustrations.</p> + +<p>The books in each case will be sent by express, the subscriber to pay +expressage. No advance remittance required, for, if desired, the goods +will be sent C.O.D. But the subscriber is advised to remit in advance, +as he will thus have to pay the express company <i>only</i> for carriage, and +not its charge for collecting the bill.</p></blockquote> + +<p class="center"><b>Send Subscriptions and Letters to</b></p> + +<h4>BENJ. R. TUCKER, 120 Liberty St. (top floor), NEW YORK CITY</h4> + +<hr style="width: 65%;" /> + +<h3><a name="Page_124" id="Page_124"></a>Safe Politics for Labor.</h3> + +<table border="0" summary="address" style="float: right;"> +<tr><td>"American Federation of Labor,</td><td rowspan="2" valign="middle"><span style="font-size: xx-large">}</span></td></tr> +<tr><td>"New York, May 17, 1892.</td></tr> +</table> + +<p> </p> + +<blockquote> +<p>"<i>Mr. J.W. Sullivan</i>:</p> + +<p>"<span class="smcap">Dear Sir</span>:—I have had the extreme pleasure of reading your +book, 'Direct Legislation,' and beg to assure you that it made a deep +impression upon my mind. The principles of the Initiative and Referendum +so often proclaimed find sufficient elucidation in concise form. The +facts that you have massed together of the practical application of +these principles give the best evidence of thorough research and study. +It is the first time that the labor reformers and thinkers generally +have had this subject presented to them in so able and readable a +manner. Every man who believes in minimizing the evil tendencies of +politics as a trade or profession, cannot fail to be highly interested +as well as pleased upon reading your book.</p> + +<p>"In many of the trade organizations the Initiative and the Referendum +are applied, and I have no doubt in my mind whatever that with the +growth and development of the trades-union movement, much will be done +to apply the principles to our political government.</p> + +<p>"I am led to believe that now in the New England states, particularly in +Massachusetts, where the town meetings exert a large influence upon the +public affairs of their respective localities, much could be done to +bring the subject of the Initiative and Referendum to the attention of +the masses. I think the trades-unionists of that section of the country +would be more than willing to co-operate in an effort to demonstrate the +practicability as well as the advisability of the adoption of that idea.</p> + +<p>"Again assuring you of the pleasure I have had in perusing the work, and +thanking you earnestly for your contribution toward the literature upon +this important subject, I am fraternally yours, SAMUEL GOMPERS,</p> + +<p> +<i>President American Federation of Labor</i>."<br /> +</p> + +<p>"What! abandon legislatures and politicians and caucuses and all the +paraphernalia of elective and debating bodies? Well, not quite; still +very much curtailing the functions of these bodies and making laws by +the direct action of the people themselves and curtailing the +interference of professed legislators ... The little volume is worthy of +study, if only to know how some communities get along without the +trouble and contradiction involved in the systems of other popular +constituencies."—<i>New York Commercial Advertiser</i>.</p> + +<p>"Certainly the author is to be commended for contributing many facts to +our political knowledge—not the least of which is that we are no more, +as we were fifty years ago, leaders of the world in genuinely popular +government—for simplicity of treatment, and a most direct and lucid way +of pointing out the results of certain measures."—<i>Chicago Times</i>.</p> + +<p>"The author is eminently qualified to describe the working of a law to +which the attention of the electors of this continent is being largely +directed."—<i>London (Canada) Daily Advertiser</i>.</p> + +<p>"We would recommend the book to every one desirious of learning in brief +terms just what the Referendum is all about, and what good it would +do."—<i>New Nation</i>.</p> + +<p>"The appearance of such a book is not without political significance, +and Mr. Sullivan's collection of data is convenient to have."—<i>New York +Evening Post</i>.</p> + +<p>"The author shows that in Switzerland there has been a growth away from +the representative system toward a pure democracy."—<i>Christian +Register</i></p> + +<p>"The historic facts are stated with a clearness and conciseness that +make them valuable."—<i>New York Press</i>.</p> + +<p>"Shows plainly how the politician might be abolished."—<i>Chicago +Express</i>.</p> + +<p>"Plainly and well written, and should be widely read."—<i>Christian +Patriot</i>.</p> + +<p>"Its subject is of the highest importance to the country."—<i>Switchman's +Journal</i>.<br /> </p> + +<h4>"Few books have done, we believe, more good in this century."—Rev. +W.D.P. Bliss.<br /> </h4> +</blockquote> + + + + + + + + + +<pre> + + + + + +End of the Project Gutenberg EBook of Direct Legislation by the Citizenship +through the Initiative and Referendum, by James W. Sullivan + +*** END OF THIS PROJECT GUTENBERG EBOOK DIRECT LEGISLATION *** + +***** This file should be named 17751-h.htm or 17751-h.zip ***** +This and all associated files of various formats will be found in: + http://www.gutenberg.org/1/7/7/5/17751/ + +Produced by Irma Špehar, Cori Samuel and the Online +Distributed Proofreading Team at http://www.pgdp.net + + +Updated editions will replace the previous one--the old editions +will be renamed. + +Creating the works from public domain print editions means that no +one owns a United States copyright in these works, so the Foundation +(and you!) can copy and distribute it in the United States without +permission and without paying copyright royalties. Special rules, +set forth in the General Terms of Use part of this license, apply to +copying and distributing Project Gutenberg-tm electronic works to +protect the PROJECT GUTENBERG-tm concept and trademark. Project +Gutenberg is a registered trademark, and may not be used if you +charge for the eBooks, unless you receive specific permission. If you +do not charge anything for copies of this eBook, complying with the +rules is very easy. You may use this eBook for nearly any purpose +such as creation of derivative works, reports, performances and +research. They may be modified and printed and given away--you may do +practically ANYTHING with public domain eBooks. Redistribution is +subject to the trademark license, especially commercial +redistribution. + + + +*** START: FULL LICENSE *** + +THE FULL PROJECT GUTENBERG LICENSE +PLEASE READ THIS BEFORE YOU DISTRIBUTE OR USE THIS WORK + +To protect the Project Gutenberg-tm mission of promoting the free +distribution of electronic works, by using or distributing this work +(or any other work associated in any way with the phrase "Project +Gutenberg"), you agree to comply with all the terms of the Full Project +Gutenberg-tm License (available with this file or online at +http://gutenberg.org/license). + + +Section 1. General Terms of Use and Redistributing Project Gutenberg-tm +electronic works + +1.A. By reading or using any part of this Project Gutenberg-tm +electronic work, you indicate that you have read, understand, agree to +and accept all the terms of this license and intellectual property +(trademark/copyright) agreement. If you do not agree to abide by all +the terms of this agreement, you must cease using and return or destroy +all copies of Project Gutenberg-tm electronic works in your possession. +If you paid a fee for obtaining a copy of or access to a Project +Gutenberg-tm electronic work and you do not agree to be bound by the +terms of this agreement, you may obtain a refund from the person or +entity to whom you paid the fee as set forth in paragraph 1.E.8. + +1.B. "Project Gutenberg" is a registered trademark. It may only be +used on or associated in any way with an electronic work by people who +agree to be bound by the terms of this agreement. There are a few +things that you can do with most Project Gutenberg-tm electronic works +even without complying with the full terms of this agreement. See +paragraph 1.C below. There are a lot of things you can do with Project +Gutenberg-tm electronic works if you follow the terms of this agreement +and help preserve free future access to Project Gutenberg-tm electronic +works. See paragraph 1.E below. + +1.C. The Project Gutenberg Literary Archive Foundation ("the Foundation" +or PGLAF), owns a compilation copyright in the collection of Project +Gutenberg-tm electronic works. Nearly all the individual works in the +collection are in the public domain in the United States. If an +individual work is in the public domain in the United States and you are +located in the United States, we do not claim a right to prevent you from +copying, distributing, performing, displaying or creating derivative +works based on the work as long as all references to Project Gutenberg +are removed. Of course, we hope that you will support the Project +Gutenberg-tm mission of promoting free access to electronic works by +freely sharing Project Gutenberg-tm works in compliance with the terms of +this agreement for keeping the Project Gutenberg-tm name associated with +the work. You can easily comply with the terms of this agreement by +keeping this work in the same format with its attached full Project +Gutenberg-tm License when you share it without charge with others. + +1.D. The copyright laws of the place where you are located also govern +what you can do with this work. Copyright laws in most countries are in +a constant state of change. If you are outside the United States, check +the laws of your country in addition to the terms of this agreement +before downloading, copying, displaying, performing, distributing or +creating derivative works based on this work or any other Project +Gutenberg-tm work. The Foundation makes no representations concerning +the copyright status of any work in any country outside the United +States. + +1.E. Unless you have removed all references to Project Gutenberg: + +1.E.1. The following sentence, with active links to, or other immediate +access to, the full Project Gutenberg-tm License must appear prominently +whenever any copy of a Project Gutenberg-tm work (any work on which the +phrase "Project Gutenberg" appears, or with which the phrase "Project +Gutenberg" is associated) is accessed, displayed, performed, viewed, +copied or distributed: + +This eBook is for the use of anyone anywhere at no cost and with +almost no restrictions whatsoever. You may copy it, give it away or +re-use it under the terms of the Project Gutenberg License included +with this eBook or online at www.gutenberg.org + +1.E.2. If an individual Project Gutenberg-tm electronic work is derived +from the public domain (does not contain a notice indicating that it is +posted with permission of the copyright holder), the work can be copied +and distributed to anyone in the United States without paying any fees +or charges. If you are redistributing or providing access to a work +with the phrase "Project Gutenberg" associated with or appearing on the +work, you must comply either with the requirements of paragraphs 1.E.1 +through 1.E.7 or obtain permission for the use of the work and the +Project Gutenberg-tm trademark as set forth in paragraphs 1.E.8 or +1.E.9. + +1.E.3. If an individual Project Gutenberg-tm electronic work is posted +with the permission of the copyright holder, your use and distribution +must comply with both paragraphs 1.E.1 through 1.E.7 and any additional +terms imposed by the copyright holder. Additional terms will be linked +to the Project Gutenberg-tm License for all works posted with the +permission of the copyright holder found at the beginning of this work. + +1.E.4. Do not unlink or detach or remove the full Project Gutenberg-tm +License terms from this work, or any files containing a part of this +work or any other work associated with Project Gutenberg-tm. + +1.E.5. Do not copy, display, perform, distribute or redistribute this +electronic work, or any part of this electronic work, without +prominently displaying the sentence set forth in paragraph 1.E.1 with +active links or immediate access to the full terms of the Project +Gutenberg-tm License. + +1.E.6. You may convert to and distribute this work in any binary, +compressed, marked up, nonproprietary or proprietary form, including any +word processing or hypertext form. However, if you provide access to or +distribute copies of a Project Gutenberg-tm work in a format other than +"Plain Vanilla ASCII" or other format used in the official version +posted on the official Project Gutenberg-tm web site (www.gutenberg.org), +you must, at no additional cost, fee or expense to the user, provide a +copy, a means of exporting a copy, or a means of obtaining a copy upon +request, of the work in its original "Plain Vanilla ASCII" or other +form. Any alternate format must include the full Project Gutenberg-tm +License as specified in paragraph 1.E.1. + +1.E.7. Do not charge a fee for access to, viewing, displaying, +performing, copying or distributing any Project Gutenberg-tm works +unless you comply with paragraph 1.E.8 or 1.E.9. + +1.E.8. You may charge a reasonable fee for copies of or providing +access to or distributing Project Gutenberg-tm electronic works provided +that + +- You pay a royalty fee of 20% of the gross profits you derive from + the use of Project Gutenberg-tm works calculated using the method + you already use to calculate your applicable taxes. The fee is + owed to the owner of the Project Gutenberg-tm trademark, but he + has agreed to donate royalties under this paragraph to the + Project Gutenberg Literary Archive Foundation. Royalty payments + must be paid within 60 days following each date on which you + prepare (or are legally required to prepare) your periodic tax + returns. Royalty payments should be clearly marked as such and + sent to the Project Gutenberg Literary Archive Foundation at the + address specified in Section 4, "Information about donations to + the Project Gutenberg Literary Archive Foundation." + +- You provide a full refund of any money paid by a user who notifies + you in writing (or by e-mail) within 30 days of receipt that s/he + does not agree to the terms of the full Project Gutenberg-tm + License. You must require such a user to return or + destroy all copies of the works possessed in a physical medium + and discontinue all use of and all access to other copies of + Project Gutenberg-tm works. + +- You provide, in accordance with paragraph 1.F.3, a full refund of any + money paid for a work or a replacement copy, if a defect in the + electronic work is discovered and reported to you within 90 days + of receipt of the work. + +- You comply with all other terms of this agreement for free + distribution of Project Gutenberg-tm works. + +1.E.9. If you wish to charge a fee or distribute a Project Gutenberg-tm +electronic work or group of works on different terms than are set +forth in this agreement, you must obtain permission in writing from +both the Project Gutenberg Literary Archive Foundation and Michael +Hart, the owner of the Project Gutenberg-tm trademark. Contact the +Foundation as set forth in Section 3 below. + +1.F. + +1.F.1. Project Gutenberg volunteers and employees expend considerable +effort to identify, do copyright research on, transcribe and proofread +public domain works in creating the Project Gutenberg-tm +collection. Despite these efforts, Project Gutenberg-tm electronic +works, and the medium on which they may be stored, may contain +"Defects," such as, but not limited to, incomplete, inaccurate or +corrupt data, transcription errors, a copyright or other intellectual +property infringement, a defective or damaged disk or other medium, a +computer virus, or computer codes that damage or cannot be read by +your equipment. + +1.F.2. LIMITED WARRANTY, DISCLAIMER OF DAMAGES - Except for the "Right +of Replacement or Refund" described in paragraph 1.F.3, the Project +Gutenberg Literary Archive Foundation, the owner of the Project +Gutenberg-tm trademark, and any other party distributing a Project +Gutenberg-tm electronic work under this agreement, disclaim all +liability to you for damages, costs and expenses, including legal +fees. YOU AGREE THAT YOU HAVE NO REMEDIES FOR NEGLIGENCE, STRICT +LIABILITY, BREACH OF WARRANTY OR BREACH OF CONTRACT EXCEPT THOSE +PROVIDED IN PARAGRAPH F3. YOU AGREE THAT THE FOUNDATION, THE +TRADEMARK OWNER, AND ANY DISTRIBUTOR UNDER THIS AGREEMENT WILL NOT BE +LIABLE TO YOU FOR ACTUAL, DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE OR +INCIDENTAL DAMAGES EVEN IF YOU GIVE NOTICE OF THE POSSIBILITY OF SUCH +DAMAGE. + +1.F.3. LIMITED RIGHT OF REPLACEMENT OR REFUND - If you discover a +defect in this electronic work within 90 days of receiving it, you can +receive a refund of the money (if any) you paid for it by sending a +written explanation to the person you received the work from. If you +received the work on a physical medium, you must return the medium with +your written explanation. The person or entity that provided you with +the defective work may elect to provide a replacement copy in lieu of a +refund. If you received the work electronically, the person or entity +providing it to you may choose to give you a second opportunity to +receive the work electronically in lieu of a refund. If the second copy +is also defective, you may demand a refund in writing without further +opportunities to fix the problem. + +1.F.4. Except for the limited right of replacement or refund set forth +in paragraph 1.F.3, this work is provided to you 'AS-IS' WITH NO OTHER +WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO +WARRANTIES OF MERCHANTIBILITY OR FITNESS FOR ANY PURPOSE. + +1.F.5. Some states do not allow disclaimers of certain implied +warranties or the exclusion or limitation of certain types of damages. +If any disclaimer or limitation set forth in this agreement violates the +law of the state applicable to this agreement, the agreement shall be +interpreted to make the maximum disclaimer or limitation permitted by +the applicable state law. The invalidity or unenforceability of any +provision of this agreement shall not void the remaining provisions. + +1.F.6. INDEMNITY - You agree to indemnify and hold the Foundation, the +trademark owner, any agent or employee of the Foundation, anyone +providing copies of Project Gutenberg-tm electronic works in accordance +with this agreement, and any volunteers associated with the production, +promotion and distribution of Project Gutenberg-tm electronic works, +harmless from all liability, costs and expenses, including legal fees, +that arise directly or indirectly from any of the following which you do +or cause to occur: (a) distribution of this or any Project Gutenberg-tm +work, (b) alteration, modification, or additions or deletions to any +Project Gutenberg-tm work, and (c) any Defect you cause. + + +Section 2. Information about the Mission of Project Gutenberg-tm + +Project Gutenberg-tm is synonymous with the free distribution of +electronic works in formats readable by the widest variety of computers +including obsolete, old, middle-aged and new computers. It exists +because of the efforts of hundreds of volunteers and donations from +people in all walks of life. + +Volunteers and financial support to provide volunteers with the +assistance they need, is critical to reaching Project Gutenberg-tm's +goals and ensuring that the Project Gutenberg-tm collection will +remain freely available for generations to come. In 2001, the Project +Gutenberg Literary Archive Foundation was created to provide a secure +and permanent future for Project Gutenberg-tm and future generations. +To learn more about the Project Gutenberg Literary Archive Foundation +and how your efforts and donations can help, see Sections 3 and 4 +and the Foundation web page at http://www.pglaf.org. + + +Section 3. Information about the Project Gutenberg Literary Archive +Foundation + +The Project Gutenberg Literary Archive Foundation is a non profit +501(c)(3) educational corporation organized under the laws of the +state of Mississippi and granted tax exempt status by the Internal +Revenue Service. The Foundation's EIN or federal tax identification +number is 64-6221541. Its 501(c)(3) letter is posted at +http://pglaf.org/fundraising. Contributions to the Project Gutenberg +Literary Archive Foundation are tax deductible to the full extent +permitted by U.S. federal laws and your state's laws. + +The Foundation's principal office is located at 4557 Melan Dr. S. +Fairbanks, AK, 99712., but its volunteers and employees are scattered +throughout numerous locations. Its business office is located at +809 North 1500 West, Salt Lake City, UT 84116, (801) 596-1887, email +business@pglaf.org. Email contact links and up to date contact +information can be found at the Foundation's web site and official +page at http://pglaf.org + +For additional contact information: + Dr. Gregory B. Newby + Chief Executive and Director + gbnewby@pglaf.org + + +Section 4. Information about Donations to the Project Gutenberg +Literary Archive Foundation + +Project Gutenberg-tm depends upon and cannot survive without wide +spread public support and donations to carry out its mission of +increasing the number of public domain and licensed works that can be +freely distributed in machine readable form accessible by the widest +array of equipment including outdated equipment. Many small donations +($1 to $5,000) are particularly important to maintaining tax exempt +status with the IRS. + +The Foundation is committed to complying with the laws regulating +charities and charitable donations in all 50 states of the United +States. Compliance requirements are not uniform and it takes a +considerable effort, much paperwork and many fees to meet and keep up +with these requirements. We do not solicit donations in locations +where we have not received written confirmation of compliance. To +SEND DONATIONS or determine the status of compliance for any +particular state visit http://pglaf.org + +While we cannot and do not solicit contributions from states where we +have not met the solicitation requirements, we know of no prohibition +against accepting unsolicited donations from donors in such states who +approach us with offers to donate. + +International donations are gratefully accepted, but we cannot make +any statements concerning tax treatment of donations received from +outside the United States. U.S. laws alone swamp our small staff. + +Please check the Project Gutenberg Web pages for current donation +methods and addresses. Donations are accepted in a number of other +ways including checks, online payments and credit card donations. +To donate, please visit: http://pglaf.org/donate + + +Section 5. General Information About Project Gutenberg-tm electronic +works. + +Professor Michael S. Hart is the originator of the Project Gutenberg-tm +concept of a library of electronic works that could be freely shared +with anyone. For thirty years, he produced and distributed Project +Gutenberg-tm eBooks with only a loose network of volunteer support. + + +Project Gutenberg-tm eBooks are often created from several printed +editions, all of which are confirmed as Public Domain in the U.S. +unless a copyright notice is included. Thus, we do not necessarily +keep eBooks in compliance with any particular paper edition. + + +Most people start at our Web site which has the main PG search facility: + + http://www.gutenberg.org + +This Web site includes information about Project Gutenberg-tm, +including how to make donations to the Project Gutenberg Literary +Archive Foundation, how to help produce our new eBooks, and how to +subscribe to our email newsletter to hear about new eBooks. + + +</pre> + +</body> +</html> diff --git a/17751.txt b/17751.txt new file mode 100644 index 0000000..d2934ac --- /dev/null +++ b/17751.txt @@ -0,0 +1,4065 @@ +The Project Gutenberg EBook of Direct Legislation by the Citizenship +through the Initiative and Referendum, by James W. Sullivan + +This eBook is for the use of anyone anywhere at no cost and with +almost no restrictions whatsoever. You may copy it, give it away or +re-use it under the terms of the Project Gutenberg License included +with this eBook or online at www.gutenberg.org + + +Title: Direct Legislation by the Citizenship through the Initiative and Referendum + +Author: James W. Sullivan + +Release Date: February 11, 2006 [EBook #17751] + +Language: English + +Character set encoding: ASCII + +*** START OF THIS PROJECT GUTENBERG EBOOK DIRECT LEGISLATION *** + + + + +Produced by Irma Spehar, Cori Samuel and the Online +Distributed Proofreading Team at http://www.pgdp.net + + + + + + + + + +DIRECT LEGISLATION + +BY + +THE CITIZENSHIP + +THROUGH + +THE INITIATIVE AND REFERENDUM + +BY + +J.W. SULLIVAN + + * * * * * + + CONTENTS: + + AS TO THIS BOOK i. + + THE INITIATIVE AND REFERENDUM IN SWITZERLAND 5 + + THE PUBLIC STEWARDSHIP OF SWITZERLAND 25 + + THE COMMON WEALTH OF SWITZERLAND 47 + + DIRECT LEGISLATION IN THE UNITED STATES 72 + + THE WAY OPEN TO PEACEFUL REVOLUTION 95 + + * * * * * + +[_Copyright, 1892, by J.W. Sullivan._] + + * * * * * + +NEW YORK +TRUE NATIONALIST PUBLISHING COMPANY +1893 + + + + +AS TO THIS BOOK. + + +This is the second in a series of sociological works, each a small +volume, I have in course of publication. The first, "A Concept of +Political Justice," gave in outline the major positions which seem to me +logically to accord in practical life with the political principle of +equal freedom. In the present work, certain of the positions taken in +the first are amplified. In each of the volumes to come, which will be +issued as I find time to complete them, similar amplification in the +case of other positions will be made. Naturally, the order of +publication of the proposed works may be influenced by the general trend +in the discussion of public questions. + +The small-book plan I have adopted for several reasons. One is, that the +writer who embodies his thought on any large subject in a single weighty +volume commonly finds difficulty in selling the work or having it read; +the price alone restricts its market, and the volume, by its very size, +usually repels the ordinary reader. Another, that the radical world, +which I especially address, is nowadays assailed with so much printed +matter that in it big books have slight show of favor. Another, that the +reader of any volume in the series subsequent to the first may on +reference to the first ascertain the train of connection and entire +scope of the thought I would present. And, finally, that such persons as +have been won to the support of the principles taught may interest +themselves, and perhaps others, in spreading knowledge of these +principles, as developed in the successive works. + +On the last-mentioned point, a word. Having during the past decade +closely observed, and in some measure shared in, the discussion of +advanced sociological thought, I maintain with confidence the principles +of equal freedom, not only in their essential truth, but in the leading +applications I have made of them. At least, I may trust that, thus far +in either work, in coming to my more important conclusions, I have not +fallen into error through blind devotion to an "ism" nor halted at +faulty judgment because of limited investigation. I therefore hope to +have others join with me, some to work quite in the lines I follow, and +some to move at least in the direction of those lines. + +The present volume I have prepared with care. My attention being +attracted about eight years ago to the direct legislation of +Switzerland, I then set about collecting what notes in regard to that +institution I could glean from periodicals and other publications. But +at that time very little of value had been printed in English. Later, as +exchange editor of a social reform weekly journal, I gathered such facts +bearing on the subject as were passing about in the American newspaper +world, and through the magazine indexes for the past twenty years I +gained access to whatever pertaining to Switzerland had gone on record +in the monthlies and quarterlies; while at the three larger libraries of +New York--the Astor, the Mercantile, and the Columbia College--I found +the principal descriptive and historical works on Switzerland. But from +all these sources only a slender stock of information with regard to the +influence of the Initiative and Referendum on the later political and +economic development of Switzerland was to be obtained. So, when, three +years ago, with inquiry on this point in mind, I spent some months in +Switzerland, about all I had at first on which to base investigations +was a collection of commonplace or beclouded fact from the newspapers, a +few statistics and opinions from an English magazine or two, and some +excerpts from volumes by De Laveleye and Freeman which contained +chapters treating of Swiss institutions. Soon after, as a result of my +observations in the country, I contributed, under the caption +"Republican Switzerland," a series of articles to the New York "Times" +on the Swiss government of today, and, last April, an essay to the +"Chautauquan" magazine on "The Referendum in Switzerland." On the form +outlined in these articles I have constructed the first three chapters +of the present work. The data, however, excepting in a few cases, are +corrected to 1892, and in many respects besides I have profited by the +labors of other men in the same field. + +The past two years and a half has seen much writing on Swiss +institutions. Political investigators are awakening to the fact that in +politics and economics the Swiss are doing what has never before been +done in the world. In neighborhood, region, and nation, the entire +citizenship in each case concerned is in details operating the +government. In certain cantons it is done in every detail. Doing this, +the Swiss are moving rapidly in practically grappling with social +problems that elsewhere are hardly more than speculative topics with +scholars and theorists. In other countries, consequently, interested +lookers-on, having from different points of view taken notes of +democratic Switzerland, are, through newspaper, magazine, and book, +describing its unprecedented progress and suggesting to their own +countrymen what in Swiss governmental experience may be found of value +at home. Of the more solid writing of this character, four books may +especially be recommended. I mention them in the order of their +publication. + +"The Swiss Confederation." By Sir Francis Ottiwell Adams and C.D. +Cunningham. (London: Macmillan & Co.; 1889; 289 pages; $1.75.) Sir +Francis Ottiwell Adams was for some years British Minister at Berne. + +"The Federal Government of Switzerland: An Essay on the Constitution." +By Bernard Moses, Ph.D., professor of history and political economy, +University of California. (Pacific Press Publishing Company: Oakland, +Cal.; 1889; 256 pages; $1.25.) This work is largely a comparative study +of constitutions. It is meant chiefly for the use of students of law and +of legal history. It abounds, however, in facts as to Switzerland which +up to the time of its publication were quite inaccessible to American +readers. + +"State and Federal Government of Switzerland." By John Martin Vincent, +Ph.D., librarian and instructor in the department of history and +politics, Johns Hopkins University. (Baltimore: Johns Hopkins Press; +1891; 247 pages; $1.50.) Professor Vincent had access, at the +university, to the considerable collection of books and papers relating +to Switzerland made by Professor J.C. Bluntschli, an eminent Swiss +historian who died in 1881, and also to a large number of government +publications presented by the Swiss Federal Council to the university +library. + +"The Swiss Republic." By Boyd Winchester, late United States Minister at +Berne. (Philadelphia: J.B. Lippincott & Co.; 1891; 487 pages; $1.50.) +Mr. Winchester was stationed four years at Berne, and hence had better +opportunity than Professor Vincent or Professor Moses for obtaining a +thorough acquaintance with Switzerland. Much of his book is taken up +with descriptive writing, all good. + +Were I asked which of these four works affords the fullest information +as to new Switzerland and new Swiss political methods, I should be +obliged to refer the inquirer to his own needs. Professor Moses's is +best for one applying himself to law and constitutional history. +Professor Vincent's is richest in systematized details and statistics, +especially such as relate to the Referendum and taxation; and in it also +is a bibliography of Swiss politics and history. For the general reader, +desiring description of the country, stirring democratic sentiment, and +an all-round view of the great little republic, Mr. Winchester's is +preferable. + +In expanding and rearranging my "Times" and "Chautauquan" articles, I +have, to some extent, used these books. + +Throughout this work, wherever possible, conservatives, rather than +myself, have been made to speak; hence quotations are frequent. The +first drafts of the chapters on Switzerland have been read by Swiss +radicals of different schools, and the final proofsheets have been +revised by a Swiss writer of repute living in New York; therefore +serious error is hardly probable. The one fault I myself have to find +with the work is its baldness of statement, rendered necessary by space +limits. I could, perhaps more easily, have prepared four or five hundred +pages instead of the one hundred and twenty. I leave it rather to the +reader to supply comparison and analysis and the eloquent comment of +which, it seems to me, many of the statements of fact are worthy. +J.W.S. + + + + +THE INITIATIVE AND REFERENDUM IN SWITZERLAND. + + +_Democratic versus Representative Government._ + +There is a radical difference between a democracy and a representative +government. In a democracy, the citizens themselves make the law and +superintend its administration; in a representative government, the +citizens empower legislators and executive officers to make the law and +to carry it out. Under a democracy, sovereignty remains uninterruptedly +with the citizens, or rather a changing majority of the citizens; under +a representative government, sovereignty is surrendered by the citizens, +for stated terms, to officials. In other words, democracy is direct rule +by the majority, while representative government is rule by a succession +of quasi-oligarchies, indirectly and remotely responsible to the +majority. + +Observe, now, first, the influences that chiefly contribute to make +government in the United States what it is:-- + +The county, state, and federal governments are not democracies. In form, +they are quasi-oligarchies composed of representatives and executives; +but in fact they are frequently complete oligarchies, composed in part +of unending rings of politicians that directly control the law and the +offices, and in part of the permanent plutocracy, who purchase +legislation through the politicians. + +Observe, next, certain strong influences for the better that obtain in a +pure democracy:-- + +An obvious influence is, in one respect, the same as that which +enriches the plutocrat and prompts the politician to reach for +power--self-interest. When all the members of any body of men find +themselves in equal relation to a profitable end in which they solely +are concerned, they will surely be inclined to assert their joint +independence of other bodies in that respect, and, further, each member +will claim his full share of whatever benefits arise. But, more than +that; something like equality of benefits being achieved, perhaps +through various agencies of force, a second influence will be brought +powerfully to bear on those concerned. It is that of justice. Fair play +to all the members will be generally demanded. + +In a pure democracy, therefore, intelligently controlled self-interest +and a consequent sentiment of justice are the sources in which the +highest possible social benefits may be expected to begin. + +The reader has now before him the political principle to be here +maintained--pure democracy as distinguished from representative +government. My argument, then, becomes this: To show that, by means of +the one lawmaking method to which pure democracy is restricted,--that of +direct legislation by the citizenship,--the political "ring," "boss," +and "heeler" may be abolished, the American plutocracy destroyed, and +government simplified and reduced to the limits set by the conscience +of the majority as affected by social necessities. My task involves +proof that direct legislation is possible with large communities. + + +_Direct Legislation in Switzerland._ + +Evidence as to the practicability and the effects of direct legislation +is afforded by Switzerland, especially in its history during the past +twenty-five years. To this evidence I turn at once. + +There are in Switzerland twenty-two cantons (states), which are +subdivided into 2,706 communes (townships). The commune is the political +as well as territorial unit. Commonly, as nearly as consistent with +cantonal and federal rights, in local affairs the commune governs +itself. Its citizens regard it as their smaller state. It is jealous of +interference by the greater state. It has its own property to look +after. Until the interests of the canton or the Confederation manifestly +replace those of the immediate locality, the commune declines to part +with the administration of its lands, forests, police, roads, schools, +churches, or taxes. + +In German Switzerland the adult male inhabitants of the commune meet at +least once annually, usually in the town market place or on a mountain +plain, and carry out their functions as citizens. There they debate +proposed laws, name officers, and discuss affairs of a public nature. On +such occasions, every citizen is a legislator, his voice and vote +influencing the questions at issue. The right of initiating a measure +belongs to each. Decision is ordinarily made by show of hands. In most +cantons the youth becomes a voter at twenty, the legal age for acquiring +a vote in federal affairs, though the range for cantonal matters is from +eighteen to twenty-one. + +Similar democratic legislative meetings govern two cantons as cantons +and two other cantons divided into demi-cantons. In the demi-canton of +Outer Appenzell, 13,500 voters are qualified thus to meet and legislate, +and the number actually assembled is sometimes 10,000. But this is the +highest extreme for such an assemblage--a Landsgemeinde (a +land-community)--the lowest for a canton or a demi-canton comprising +about 3,000. One other canton (Schwyz, 50,307 inhabitants) has +Landsgemeinde meetings, there being six, with an average of 2,000 voters +to each. In communal political assemblages, however, there are usually +but a few hundred voters. + +The yearly cantonal or demi-cantonal Landsgemeinde takes place on a +Sunday in April or May. While the powers and duties of the body vary +somewhat in different cantons, they usually cover the following +subjects: Partial as well as total revision of the constitution; +enactment of all laws; imposition of direct taxes; incurrence of state +debts and alienation of public domains; the granting of public +privileges; assumption of foreigners into state citizenship; +establishment of new offices and the regulation of salaries; election of +state, executive, and judicial officers.[A] + +[Footnote A: J.M. Vincent: "State and Federal Government in +Switzerland."] + +The programme for the meeting is arranged by the officials and published +beforehand, the law in some cantons requiring publication four weeks +before the meeting, and in others but ten days. "To give opportunities +for individuals and authorities to make proposals and offer bills, the +official gazette announces every January that for fourteen days after a +given date petitions may be presented for that purpose. These must be +written, the object plainly stated and accompanied by the reasons. All +such motions are considered by what is called the Triple Council, or +legislature, and are classified as 'expedient' and 'inexpedient.' A +proposal receiving more than ten votes must be placed on the list of +expedient, accompanied by the opinion of the council. The rejected are +placed under a special rubric, familiarly called by the people the +_Beiwagen_. The assembly may reverse the action of the council if it +chooses and take a measure out of the 'extra coach,' but consideration +of it is in that case deferred until the next year. In the larger +assemblies debate is excluded, the vote being simply on rejection or +adoption. In the smaller states the line is not so tightly drawn.... +Votes are taken by show of hands, though secret ballot may be had if +demanded, elections of officers following the same rule in this matter +as legislation. Nominations for office, however, need not be sent in by +petition, but may be offered by any one on the spot."[B] + +[Footnote B: Vincent.] + + +_The Initiative and the Referendum._ + +It will be observed that the basic practical principles of both the +communal meeting and the Landsgemeinde are these two: + +(1) That every citizen shall have the right to propose a measure of law +to his fellow-citizens--this principle being known as the Initiative. + +(2) That the majority shall actually enact the law by voting the +acceptance or the rejection of the measures proposed. This principle, +when applied in non-Landsgemeinde cantons, through ballotings at polling +places, on measures sent from legislative bodies to the people, is known +as the Referendum. + +The Initiative has been practiced in many of the communes and in the +several Landsgemeinde cantons in one form or other from time immemorial. +In the past score of years, however, it has been practiced by petition +in an increasing number of the cantons not having the democratic +assemblage of all the citizens. + +The Referendum owes its origin to two sources. One source was in the +vote taken at the communal meeting and the Landsgemeinde. The principle +sometimes extended to cities, Berne, for instance, in the fifty-five +years from 1469 to 1524, taking sixty referendary votings. The other +source was in the vote taken by the ancient cantons on any action by +their delegates to the federal Diet, or congress, these delegates +undertaking no affair except on condition of referring it to the +cantonal councils--_ad referendum_. + +The principles of the Initiative and Referendum have of recent years +been extended so as to apply, to a greater or lesser extent, not only to +cantonal affairs in cantons far too large for the Landsgemeinde, but to +certain affairs of the Swiss Confederation, comprising three million +inhabitants. In other words, the Swiss nation today sees clearly, first, +that the democratic system has manifold advantages over the +representative; and, secondly, that no higher degree of political +freedom and justice can be obtained than by granting to the least +practicable minority the legal right to propose a law and to the +majority the right to accept or reject it. In enlarging the field of +these working principles, the Swiss have developed in the political +world a factor which, so far as it is in operation, is creating a +revolution to be compared only with that caused in the industrial world +by the steam engine. + + * * * * * + +The cantonal Initiative exists in fourteen of the twenty-two cantons--in +some of them, however, only in reference to constitutional amendments. +Usually, the proposal of a measure of cantonal law by popular initiative +must be made through petition by from one-twelfth to one-sixteenth of +the voters of the canton. When the petition reaches the cantonal +legislature, the latter body is obliged, within a brief period, +specified by the constitution, to refer the proposal to a cantonal vote. +If the decision of the citizens is then favorable, the measure is law, +and the executive and judicial officials must proceed to carry it into +effect. + +The cantonal Referendum is in constant practice in all the cantons +except Freiburg, which is governed by a representative legislature. The +extent, however, to which the Referendum is applied varies considerably. +In two cantons it is applicable only to financial measures; in others it +is optional with the people, who sometimes demand it, but oftener do +not; in others it is obligatory in connection with the passage of every +law. More explicitly: In the canton of Vaud a mere pseudo-referendary +right exists, under which the Grand Council (the legislature) may, if it +so decides, propose a reference to the citizens. Valais takes a popular +vote only on such propositions passed by the Grand Council as involve a +one and a half per cent increase in taxation or a total expenditure of +60,000 francs. With increasing confidence in the people, the cantons of +Lucerne, Zug, Bale City, Schaffhausen, St. Gall, Ticino, Neuchatel, and +Geneva refer a proposed law, after it has passed the Grand Council, to +the voters when a certain proportion of the citizens, usually one-sixth +to one-fourth, demand it by formal petition. This form is called the +optional Referendum. Employed to its utmost in Zurich, Schwyz, Berne, +Soleure, Bale Land, Aargau, Thurgau, and the Grisons, in these cantons +the Referendum permits no law to be passed or expenditure beyond a +stipulated sum to be made by the legislature without a vote of the +people. This is known as the obligatory Referendum. Glarus, Uri, the +half cantons of Niwald and Obwald (Unterwald), and those of Outer and +Inner Appenzell, as cantons, or demi-cantons, still practice the +democratic assemblage--the Landsgemeinde. + +In the following statistics, the reader may see at a glance the progress +of the Referendum to the present date, with the population of +Switzerland by cantons, and the difficulties presented by differences of +language in the introduction of reforms:-- + +----------------------------------------------------------------------- + | No. inhab. | | Form of Passing | Yr. of +Canton. | Dec., 1888. | Language. | Laws. | Entry +-------------|-------------|-----------------|-----------------|------- +Zurich | 337,183 | German. | Oblig. Ref. | 1351 +Berne | 536,679 |Ger. and French. | " | 1353 +Lucerne | 135,360 | German. | Optional Ref. | 1332 +Uri | 17,249 |Ger. and Italian.| Landsgemeinde. | 1291 +Schwyz | 50,307 | German. | Oblig. Ref. | " +Unterwald | | | | " + Obwald | 15,041 | " | Landsgemeinde. | + Niwald | 12,538 | " | " | +Glarus | 33,825 | " | " | 1352 +Zug | 23,029 | " | Optional Ref. | " +Freiburg | 119,155 | French and Ger. | Legislature. | 1481 +Soleure | 85,621 | German. | Oblig. Ref. | " +Bale | | | | 1501 + City | 73,749 | " | Optional Ref. | + Country | 61,941 | " | Oblig. Ref. | +Schaffhausen | 37,783 | " | Optional Ref. | " +Appenzell | | | | 1573 + Outer | 54,109 | " | Landsgemeinde. | + Inner | 12,888 | " | " | +St. Gall | 228,160 | " | Optional Ref. | 1803 +Grisons | 94,810 | Ger.,Ital.,Rom. | Oblig. Ref. | " +Aargau | 193,580 | German. | " | " +Thurgau | 104,678 | " | " | " +Ticino | 126,751 | Italian. | Optional Ref. | " +Vaud | 247,655 | French and Ger. | " | " +Valais | 101,985 | " | Finance Ref. | 1814 +Neuchatel | 108,153 | French. | Optional Ref. | " +Geneva | 105,509 | " | " | " + |-------------| | | + | 2,917,740 | | | +----------------------------------------------------------------------- + +In round numbers, 2,092,000 of the Swiss people speak German, 637,000 +French, 156,000 Italian, and 30,000 Romansch. Of the principal cities, +in 1887, Zurich, with suburbs, had 92,685 inhabitants; Bale, 73,963; +Geneva, with suburbs, 73,504; Berne, 50,220; Lausanne, 32,954; and five +others from 17,000 to 25,000. Fourteen per cent of the inhabitants +(410,000) live in cities of more than 15,000. The factory workers number +161,000, representing about half a million inhabitants, and the peasant +proprietors nearly 260,000, representing almost two millions. The area +of Switzerland is 15,892 square miles,--slightly in excess of double +that of New Jersey. The population is slightly less than that of Ohio. + + +_Switzerland--The Youngest of Republics._ + +It is misleading to suppose, as is often done, that the Switzerland of +today is the republic which has stood for six hundred years. In truth, +it is the youngest of republics. Its chief governmental features, +cantonal and federal, are the work of the present generation. Its unique +executive council, its democratic army organization, its republican +railway management, its federal post-office, its system of taxation, its +two-chambered congress, the very Confederation itself--all were +originated in the constitution of 1848, the first that was anything more +than a federal compact. The federal Referendum began only in 1874. The +federal Initiative has been just adopted (1891.)[C] The form of cantonal +Referendum now practiced was but begun (in St. Gall) in 1830, and forty +years ago only five cantons had any Referendum whatever, and these in +the optional form. It is of very recent years that the movement has +become steady toward the general adoption of the cantonal Referendum. In +1860 but 34 per cent of the Swiss possessed it, 66 per cent delegating +their sovereign rights to representatives. But in 1870 the +referendariship had risen to 71 per cent, only 29 submitting to +lawmaking officials; and today the proportions are more than 90 per cent +to less than 10. + +[Footnote C: For constitutional amendments only.] + +The thoughtful reader will ask: Why this continual progress toward a +purer democracy? Wherein lie the inducements to this persistent +revolution? + +The answer is this: The masses of the citizens of Switzerland found it +necessary to revolt against their plutocracy and the corrupt politicians +who were exploiting the country through the representative system. For a +peaceful revolution these masses found the means in the working +principles of their communal meetings--the Initiative and +Referendum,--and these principles they are applying throughout the +republic as fast as circumstances admit.[D] + +[Footnote D: While the reports of the Secretary of State and "The +History of the Referendum," by Th. Curti, will bear out many of the +statements here made as to how the change from representative to direct +legislation came about, the story as I give it has been written me by +Herr Carl Buerkli, of Zurich, known in his canton as the "Father of the +Referendum."] + +The great movement for democracy in Europe that culminated in the +uprising of 1848 brought to the front many original men, who discussed +innovations in government from every radical point of view. Among these +thinkers were Martin Rittinghausen, Emile Girardin, and Louis Blanc. +From September, 1850, to December, 1851, the date of the _coup d'etat_ +of Louis Bonaparte, these reformers discussed, in the "Democratic +pacifique," a weekly newspaper of Paris, the subject of direct +legislation by the citizens. Their essays created a sensation in France, +and more than thirty journals actively supported the proposed +institution, when the _coup d'etat_ put an end to free speech. The +articles were reprinted in book form in Brussels, and other works on the +subject were afterward issued by Rittinghausen and his co-worker Victor +Considerant. Among Considerant's works was "Solution, ou gouvernement +direct du peuple," and this and companion works that fell into the hands +of Carl Buerkli convinced the latter and other citizens of Zurich ("an +unknown set of men," says Buerkli) of the practicability of the +democratic methods advocated. The subject was widely agitated and +studied in Switzerland, and the fact that the theory was already to some +extent in practice there (and in ancient times had been much practiced) +led to further experiments, and these, attaining success, to further, +and thus the work has gone on. The cantonal Initiative was almost +unknown outside the Landsgemeinde when it was established in Zurich in +1869. Soon, however, through it and the obligatory Referendum (to use +Herr Buerkli's words): "The plutocratic government and the Grand Council +of Zurich, which had connived with the private banks and railroads, were +pulled down in one great voting swoop. The people had grown tired of +being beheaded by the office-holders after every election." And +politicians and the privileged classes have ever since been going down +before these instruments in the hands of the people. The doctrines of +the French theorists needed but to be engrafted on ancient Swiss custom, +the Frenchmen in fact having drawn upon Swiss experience. + + +_The Optional and the Obligatory Referendum._ + +To-day the movement in the Swiss cantons is not only toward the +Referendum, but toward its obligatory form. The practice of the optional +form has revealed defects in it which are inherent.[E] + +[Footnote E: The facts relative to the operation of these two forms of +the Referendum have been given me by Monsieur P. Jamin, of Geneva.] + +Geneva's management of the optional cantonal Referendum is typical. The +constitution provides that, certain of the laws being excepted from the +Referendum, and a prerequisite of its operation being the presentation +to the Grand Council of a popular petition, the people may sanction or +reject not only the bulk of the laws passed by the Grand Council but +also the decrees issued by the legislative and executive powers. The +exceptions are (1) "measures of urgence" and (2) the items of the annual +budget, save such as establish a new tax, increase one in force, or +necessitate an issue of bonds. The Referendum cannot be exercised +against the budget as a whole, the Grand Council indicating the sections +which are to go to public vote. In case of opposition to any measure, a +petition for the Referendum is put in circulation. To prevent the +measure from becoming law, the petition must receive the legally +attested signatures of at least 3,500 citizens--about one in six of the +cantonal vote--within thirty days after the publication of the proposed +measure. After this period--known as "the first delay"--the referendary +vote, if the petition has been successful, must take place within forty +days--"the second delay." + +The power of declaring measures to be "of urgence" lies with the Grand +Council, the body passing the measures. Small wonder, then, that in its +eyes many bills are of too much and too immediate importance to go to +the people. "The habit," protested Grand Councilor M. Putet, on one +occasion, "tends more and more to introduce itself here of decreeing +urgence unnecessarily, thus taking away from the Referendum expenses +which have nothing of urgence. This is contrary to the spirit of the +constitutional law. Public necessity alone can authorize the Grand +Council to take away any of its acts from the public control." + +Another defect in the optional Referendum is that it can be transformed +into a partisan weapon--politicians being ready, in Geneva, as in San +Francisco, to take advantage of the law for party purposes. For example, +the representatives of a minority party, seeking a concession from a +majority which has just passed a bill, will threaten, if their demands +are not granted, to agitate for the Referendum on the bill; this, though +the minority itself may favor the measure, some of its members, perhaps, +having voted for it. As the majority may be uncertain of the outcome of +a struggle at the polls, it will probably be inclined to make peace on +the terms dictated by the minority. + +But the most serious objections to the optional form arise in connection +with the petitioning. Easy though it be for a rich and strong party to +bear the expense of printing, mailing, and distributing petitions and +circulars, in case of opposition from the poorer classes the cost may +prove an insurmountable obstacle. Especially is it difficult to get up a +petition after several successive appeals coming close together, the +constant agitation growing tiresome as well as financially burdensome. +Hence, measures have sometimes become law simply because the people have +not had time to recover from the prolonged agitation in connection with +preceding propositions. Besides, each measure submitted to the optional +Referendum brings with it two separate waves of popular discussion--one +on the petition and one on the subsequent vote. On this point +ex-President Numa Droz has said: "The agitation which takes place while +collecting the necessary signatures, nearly always attended with strong +feeling, diverts the mind from the object of the law, perverts in +advance public opinion, and, not permitting later the calm discussion of +the measure proposed, establishes an almost irresistible current toward +rejection." Finally, a fact as notorious in Switzerland as vote-buying +in America, a large number of citizens who are hostile to a proposed law +may fear to record an adverse opinion by signing a Referendum list. +Their signatures may be seen and the unveiling of their sentiments +imperil their means of livelihood. + +Zurich furnishes the example of the cantons having the obligatory +Referendum. There the law provides: 1. That all laws, decrees, and +changes in the constitution must be submitted to the people. 2. That all +decisions of the Grand Council on existing law must be voted on. 3. That +the Grand Council may submit decisions which it itself proposes to make, +and that, besides the voting on the whole law, the Council may ask a +vote on a special point. The Grand Council cannot put in force +provisionally any law or decree. The propositions must be sent to the +voters at least thirty days before voting. The regular referendary +ballotings take place twice a year, spring and autumn, but in urgent +cases the Grand Council may call for a special election. The law in this +canton assists the lawmakers--the voters--in their task; when a citizen +is casting his own vote he may also deposit that of one or two relatives +and friends, upon presenting their electoral card or a certificate of +authorization. + +In effect, the obligatory Referendum makes of the entire citizenship a +deliberative body in perpetual session--this end being accomplished in +Zurich in the face of every form of opposing argument. Formerly, its +adversaries made much of the fact that it was ever calling the voters to +the urns; but this is now avoided by the semi-annual elections. It was +once feared that party tickets would be voted without regard to the +merits of the various measures submitted; but it has been proved beyond +doubt that the fate of one proposition has no effect whatever on that of +another decided at the same time. Zurich has pronounced on ninety-one +laws in twenty-eight elections, the votes indicating surprising +independence of judgment. When the obligatory form was proposed for +Zurich, its supporters declared it a sure instrument, but that it might +prove a costly one they were not prepared by experiment to deny. Now, +however, they have the data to show that taxes--unfailing reflexes of +public expenditure--are lower than ever, those for police, for example, +being only about half those of optional Geneva, a less populous canton. +To the prophets who foresaw endless partisan strife in case the +Referendum was to be called in force on every measure, Zurich has +replied by reducing partisanship to its feeblest point, the people +indifferent to parties since an honest vote of the whole body of +citizens must be the final issue of every question. + +The people of Zurich have proved that the science of politics is simple. +By refusing special legislation, they evade a flood of bills. By deeming +appropriations once revised as in most part necessary, they pay +attention chiefly to new items. By establishing principles in law, they +forbid violations. Thus there remain no profound problems of state, no +abstruse questions as to authorities, no conflict as to what is the law. +Word fresh from the people is law. + + +_The Federal Referendum._ + +The Federal Referendum, first established by the constitution of 1874, +is optional. The demand for it must be made by 30,000 citizens or by +eight cantons. The petition for a vote under it must be made within +ninety days after the publication of the proposed law. It is operative +with respect either to a statute as passed by the Federal Assembly +(congress), or a decree of the executive power. Of 149 Federal laws and +decrees subject to the Referendum passed up to the close of 1891 under +the constitution of 1874, twenty-seven were challenged by the necessary +30,000 petitioners, fifteen being rejected and twelve accepted. The +Federal Initiative was established by a vote taken on Sunday, July 5, +1891. It requires 50,000 petitioners, whose proposal must be discussed +by the Federal assembly and then sent within a prescribed delay to the +whole citizenship for a vote. The Initiative is not a petition to the +legislative body; it is a demand made on the entire citizenship. + +Where the cantonal Referendum is optional, a successful petition for it +frequently secures a rejection of the law called in question. In 1862 +and again in 1878, the canton of Geneva rejected proposed changes in its +constitution, on the latter occasion by a majority of 6,000 in a vote of +11,000. Twice since 1847 the same canton has decided against an increase +of official salaries, and lately it has declined to reduce the number of +its executive councilors from seven to five. The experience of the +Confederation has been similar. Between 1874 and 1880 five measures +recommended by the Federal Executive and passed by the Federal Assembly +were vetoed by a national vote. + + +_Revision of Constitutions._ + +Revision of a constitution through the popular vote is common. Since +1814, there have been sixty revisions by the people of cantonal +constitutions alone. Geneva asks its citizens every fifteen years if +they wish to revise their organic law, thus twice in a generation +practically determining whether they are in this respect content. The +Federal constitution may be revised at any time. Fifty thousand voters +petitioning for it, or the Federal Assembly (congress) demanding it, the +question is submitted to the country. If the vote is in the affirmative, +the Council of States (the senate) and the National Council (the house) +are both dissolved. An election of these bodies takes place at once; the +Assembly, fresh from the people, then makes the required revision and +submits the revised constitution to the country. To stand, it must be +supported by a majority of the voters and a majority of the twenty-two +cantons. + + +_Summary._ + +To sum up: In Switzerland, in this generation, direct legislation has in +many respects been established for the federal government, while in so +large a canton as Zurich, with nearly 340,000 inhabitants, it has also +been made applicable to every proposed cantonal law, decree, and +order,--the citizens of that canton themselves disposing by vote of all +questions of taxation, public finance, executive acts, state employment, +corporation grants, public works, and similar operations of government +commonly, even in republican states, left to legislators and other +officials. In every canton having the Initiative and the obligatory +Referendum, all power has been stripped from the officials except that +of a stewardship which is continually and minutely supervised and +controlled by the voters. Moreover, it is possible that yet a few years +and the affairs not only of every canton of Switzerland but of the +Confederation itself will thus be taken in hand at every step. + + * * * * * + +Here, then, is evidence incontrovertible that pure democracy, through +direct legislation by the citizenship, is practicable--more, is now +practiced--in large communities. Next as to its effects, proven and +probable. + + + + +THE PUBLIC STEWARDSHIP OF SWITZERLAND. + + +If it be conceived that the fundamental principles of a free society are +these: That the bond uniting the citizens should be that of contract; +that rights, including those in natural resources, should be equal, and +that each producer should retain the full product of his toil, it must +be conceded on examination that toward this ideal Switzerland has made +further advances than any other country, despite notable points in +exception and the imperfect form of its federal Initiative and +Referendum. Before particulars are entered into, some general +observations on this head may be made. + + +_The Political Status in Switzerland._ + +An impressive fact in Swiss politics to-day is its peace. Especially is +this true of the contents and tone of the press. In Italy and Austria, +on the south and east, the newspapers are comparatively few, mostly +feeble, and in general subservient to party or government; in Germany, +on the north, where State Socialism is strong, the radical press is at +times turbulent and the government journals reflect the despotism they +uphold; in France, on the west and southwest, the public writers are +ever busy over the successive unstable central administrations at +Paris, which exercise a bureaucratic direction of every commune in the +land. In all these countries, men rather than measures are the objects +of discussion, an immediate important campaign question inevitably being +whether, when once in office, candidates may make good their +ante-election promises. Thus, on all sides, over the border from +Switzerland, political turmoil, with its rancor, personalities, false +reports, hatreds, and corruptions, is endless. But in Switzerland, +debate uniformly bears not on men but on measures. The reasons are +plain. Where the veto is possessed by the people, in vain may rogues go +to the legislature. With few or no party spoils, attention to public +business, and not to patronage or private privilege, is profitable to +office holders as well as to the political press. + +In the number of newspapers proportionate to population, Switzerland +stands with the United States at the head of the statistical list for +the world. In their general character, Swiss political journals are +higher than American. They are little tempted to knife reputations, to +start false campaign issues, to inflame partisan feeling; for every +prospective cantonal measure undergoes sober popular discussion the year +round, with the certain vote of the citizenship in view in the cantons +having the Landsgemeinde or the obligatory Referendum, and a possible +vote in most of the other cantons, while federal measures also may be +met with the federal optional Referendum. + +The purity and peacefulness of Swiss press and politics are due to the +national development of today as expressed in appropriate institutions. +Of these institutions the most effective, the fundamental, is direct +legislation, accompanied as it is with general education. In education +the Swiss are preeminent among nations. Illiteracy is at a lower +percentage than in any other country; primary instruction is free and +compulsory in all the cantons; and that the higher education is general +is shown in the four universities, employing three hundred instructors. + +An enlightened people, employing the ballot freely, directly, and in +consequence effectively--this is the true sovereign governing power in +Switzerland. As to what, in general terms, have been the effects of this +power on the public welfare, as to how the Swiss themselves feel toward +their government, and as to what are the opinions of foreign observers +on the recent changes through the Initiative and Referendum, some +testimony may at this point be offered. + +In the present year, Mr. W.D. McCrackan has published in the "Arena" of +Boston his observations of Swiss politics. He found, he says, the +effects of the Referendum to be admirable. Jobbery and extravagance are +unknown, and politics, as there is no money in it, has ceased to be a +trade. The men elected to office are taken from the ranks of the +citizens, and are chosen because of their fitness for the work. The +people take an intelligent interest in every kind of local and federal +legislation, and have a full sense of their political responsibility. +The mass of useless or evil laws which legislatures in other countries +are constantly passing with little consideration, and which have +constantly to be repealed, are in Switzerland not passed at all. + +In a study of the direct legislation of Switzerland, the "Westminster +Review," February, 1888, passed this opinion: "The bulk of the people +move more slowly than their representatives, are more cautious in +adopting new and trying legislative experiments, and have a tendency to +reject propositions submitted to them for the first time." Further: "The +issue which is presented to the sovereign people is invariably and +necessarily reduced to its simplest expression, and so placed before +them as to be capable of an affirmative or negative answer. In practice, +therefore, the discussion of details is left to the representative +assemblies, while the people express approval or disapproval of the +general principle or policy embraced in the proposed measure. Public +attention being confined to the issue, leaders are nothing. The +collective wisdom judges of merits." + +A.V. Dicey, the critic of constitutions, writes in the "Nation," October +8, 1885: "The Referendum must be considered, on the whole, a +conservative arrangement. It tends at once to hinder rapid change and +also to get rid of that inflexibility or immutability which, in the eyes +of Englishmen at least, is a defect in the constitution of the United +States." + +A Swiss radical has written me as follows: "The development given to +education during the last quarter of a century will have without doubt +as a consequence an improved judgment on the part of a large number of +electors. The press also has a role more preponderant than formerly. +Everybody reads. Certainly the ruling classes profit largely by the +power of the printing press, but with the electors who have received +some instruction the capitalist newspapers are taken with due allowance +for their sincerity. Their opinion is not accepted without inquiry. We +see a rapid development of ideas, if not completely new, at least +renewed and more widespread. More or less radical reviews and +periodicals, in large number, are not without influence, and their +appearance proves that great changes are imminent." + +Professor Dicey has contrasted the Referendum with the _plebiscite_: +"The Referendum looks at first sight like a French _plebiscite_, but no +two institutions can be marked by more essential differences. The +_plebiscite_ is a revolutionary or at least abnormal proceeding. It is +not preceded by debate. The form and nature of the questions to be +submitted to the nation are chosen and settled by the men in power, and +Frenchmen are asked whether they will or will not accept a given policy. +Rarely, indeed, when it has been taken, has the voting itself been full +or fair. Deliberation and discussion are the requisite conditions for +rational decision. Where effective opposition is an impossibility, +nominal assent is an unmeaning compliment. These essential +characteristics, the lack of which deprives a French _plebiscite_, of +all moral significance, are the undoubted properties of the Swiss +Referendum." + +In the "Revue des Deux Mondes," Paris, August, 1891, Louis Wuarin, an +interested observer of Swiss politics for many years, writes: "A people +may indicate its will, not from a distance, but near at hand, always +superintending the work of its agents, watching them, stopping them if +there is reason for so doing, constraining them, in a word, to carry out +the people's will in both legislative and administrative affairs. In +this form of government the representative system is reduced to a +minimum. The deliberative bodies resemble simple committees charged with +preparing work for an elected assembly, and here the elected assembly is +replaced by the people. This sovereign action in person in the +transaction of public business may extend more or less widely; it may be +limited to the State, or it may be extended to the province also, and +even to the town. To whatever extent this supervision of the people may +go, one thing may certainly be expected, which is that the supervision +will become closer and closer as time goes on. It never has been known +that citizens gave up willingly and deliberately rights acquired, and +the natural tendency of citizens is to increase their privileges. +Switzerland is an example of this type of democratic government.... +There is some reason for regarding parliamentary government--at least +under its classic and orthodox form of rivalry between two parties, who +watch each other closely, in order to profit by the faults of their +adversaries, who dispute with each other for power without the +interests of the country, in the ardor of the encounter, being always +considered--as a transitory form in the evolution of democracy." + +The spirit of the Swiss law and its relation to the liberty of the +individual are shown in passages of the cantonal and federal +constitutions. That of Uri declares: "Whatever the Landsgemeinde, within +the limits of its competence, ordains, is law of the land, and as such +shall be obeyed," but: "The guiding principle of the Landsgemeinde shall +be justice and the welfare of the fatherland, not willfulness nor the +power of the strongest." That of Zurich: "The people exercise the +lawmaking power, with the assistance of the state legislature." That of +the Confederation: "All the Swiss people are equal before the law. There +are in Switzerland no subjects, nor privileges of place, birth, persons, +or families." + +In these general notes and quotations is sketched in broad lines the +political environment of the Swiss citizen of to-day. The social mind +with which he stands in contact is politically developed, is bent on +justice, is accustomed to look for safe results from the people's laws, +is at present more than ever inclined to trust direct legislation, and, +on the whole, is in a state of calmness, soberness, tolerance, and +political self-discipline. + +The machinery of public stewardship, subject to popular guidance, may +now be traced, beginning with the most simple form. + + +_Organization of the Commune._ + +The common necessities of a Swiss neighborhood, such as establishing and +maintaining local roads, police, and schools, and administering its +common wealth, bring its citizens together in democratic assemblages. +These are of different forms. + +One form of such assemblage, the basis of the superstructure of +government, is the political communal meeting. "In it take place the +elections, federal, state, and local; it is the local unit of state +government and the residuary legatee of all powers not granted to other +authorities. Its procedure is ample and highly democratic. It meets +either at the call of an executive council of its own election, or in +pursuance of adjournment, and, as a rule, on a Sunday or holiday. Its +presiding officer is sometimes the _maire_, sometimes a special +chairman. Care is taken that only voters shall sit in the body of the +assembly, it being a rule in Zurich that the register of citizens shall +lie on the desk for inspection. Tellers are appointed by vote and must +be persons who do not belong to the village council, since that is the +local cabinet which proposes measures for consideration. Any member of +the assembly may offer motions or amendments, but usually they are +brought forward by the town council, or at least referred to that body +before being voted upon."[F] The officials of the commune chosen in the +communal meeting, are one chief executive (who in French communes +usually has two assistants), a communal council, which legislates on +the lesser matters coming up between communal meetings, and such minor +officials as are not left to the choice of the council. + +[Footnote F: Vincent.] + +A second form of neighborhood assemblage is one composed only of those +citizens who have rights in the communal corporate domains and funds, +these rights being either inherited or acquired (sometimes by purchase) +after a term of purely political citizenship. + +A third form is the parish meeting, at which gather the members of the +same faith in the commune, or of even a smaller church district. The +Protestant, the Catholic, and the Jewish are recognized as State +religions--the Protestant alone in some cantons, the Catholic in others, +both in several, and both with the Jewish in others. + +A fourth form of local assembly is that of the school district, usually +a subdivision of a commune. It elects a board of education, votes taxes +to defray school expenses, supervises educational matters, and in some +districts elects teachers. + +Dividing the commune thus into voting groups, each with its appropriate +purpose, makes for justice. He who has a share in the communal public +wealth (forests, pastoral and agricultural lands, and perhaps funds), is +not endangered in this property through the votes of non-participant +newcomers. Nor are educational affairs mixed with general politics. And, +though State and religion are not yet severed, each form of belief is +largely left to itself; in some cantons provision is made that a +citizen's taxes shall not go toward the support of a religion to which +he is opposed. + + +_Organization of Canton and Confederation._ + +In no canton in Switzerland is there more than one legislative body: in +none is there a senate. The cities of Switzerland have no mayor, the +cantons have no governor, and, if the title be used in the American +sense, the republic has no President. Instead of the usual single +executive head, the Swiss employ an executive council. Hence, in every +canton a deadlock in legislation is impossible, the way is open for all +law demanded by a majority, and neither in canton nor Confederation is +one-man power known. + +The cantonal legislature is the Grand Council. "In the Landsgemeinde +cantons and those having the obligatory Referendum, it is little more +than a supervisory committee, preparing measures for the vote of the +citizens and acting as a check on the cantonal executive council. In the +remaining cantons (those having the optional Referendum), the +legislature has the power to spend money below a specified limit; to +enact laws of specified kinds, usually not of general application; and +to elect the more important officials, the amount of discretion [in the +different cantons] rising gradually till the complete representative +government is reached"[G] in Freiburg, which resembles one of our +states. Though in several cantons the Grand Council meets every two +months for a few days' session, in most of the cantons it meets twice a +year. The pay of members ranges from sixty cents to $1.20 per day. The +legislative bodies are large; the ratio in five cantons is one +legislator to every 1,000 inhabitants; in twelve it ranges from one to +187 up to one to 800, and in the remaining five from one to 1,000 to one +to 2,000. The Landsgemeinde cantons usually have fifty to sixty members; +Geneva, with 20,000 voters, has a hundred. + +[Footnote G: Vincent.] + +In six of the twenty-two cantons, if a certain number of voters petition +for it, the question must be submitted to the people whether or not the +legislature shall be recalled and a new one elected. + +The formation of the Swiss Federal Assembly (congress), established in +1848, was influenced by the make-up of the American congress. The lower +house is elected by districts, as in the United States, the basis of +representation being one member to 20,000 inhabitants, and the number of +members 147. The term for this house is three years; the pay, four +dollars a day, during session, and mileage. The upper house, the Council +of States (senate), the only body of the kind in Switzerland, is +composed of two members from each canton. Cantonal law governing their +election, the tenure of their office is not the same: in some cantons +they are elected by the people, in others by the legislature; their pay +varies; their term of office ranges from one to three years. Their brief +terms and the fact that their more important functions, such as the +election of the federal executive council, take place in joint session +with the second chamber, render the members of the "upper" house of +less weight in national affairs than those of the "lower." + + +_Swiss Executives._ + +The executive councils of the cities, the cantons, and the Confederation +are all of one form. They are committees, composed of members of equal +rank. The number of members varies. Of cantonal executive councilors, +there are seven in eleven of the cantons, three, five, and nine in +others, and eleven in one. In addition to carrying out the law, the +executive council usually assists somewhat in legislation, the members +not only introducing but speaking upon measures in the legislative body +with which they are associated, without, however, having a vote. In +about half the cantons, the cantonal executive councils are elected by +the people; in the rest by the legislative body. + +Types of the executive councils are those of Geneva, city and canton. +The city executive council is composed of five members, elected by the +people for four years. The salary of its president is $800 a year; that +of the other four members, $600. The cantonal executive has seven +members; the salaries are: the president, $1,200; the rest, $1,000. In +both city and cantonal councils each member is the head of an +administrative department. The cantonal executive council has the power +to suspend the deliberations of the city executive council and those of +the communal councils whenever in its judgment these bodies transcend +their legal powers or refuse to conform to the law. In case of such +suspension, a meeting of the cantonal Grand Council (the legislature) +must be called within a week, and if it approves of the action of the +cantonal executive, the council suspended is dissolved, and an election +for another must be had within a month, the members of the body +dissolved not being immediately eligible for re-election. The cantonal +executive council may also revoke the commissions of communal executives +(maires and adjoints), who then cannot immediately be re-elected. Check +to the extensive powers of the cantonal executive council lies in the +fact that its members are elected directly by the people and hold office +for only two years. But in cantons having the obligatory Referendum, +Geneva's methods, however advanced in the eyes of American republicans, +are not regarded as strictly democratic. + + +_The Federal Executive Council._ + +The Swiss nation has never placed one man at its head. Prior to 1848, +executive as well as legislative powers were vested in the one house of +the Diet. Under the constitution adopted in that year, with which the +Switzerland as now organized really began, the present form of the +executive was established. + +This executive is the Federal Council, a board of seven members, whose +term is three years, and who are elected in joint session by the two +houses of the Federal Assembly (congress). The presiding officer of the +council, chosen as such by the Federal Assembly, is elected for one +year. He cannot be his own successor. While he is nominally President +of the Confederation, Swiss treatises on the subject uniformly emphasize +the fact that he is actually no more than chairman of the executive +council. He is but "first among his equals" (_primus inter pares_). His +prerogatives--thus to describe whatever powers fall within his +duties--are no greater than those pertaining to the rest of the board. +Unlike the President of the United States, he has no rank in the army, +no power of veto, no influence with the judiciary; he cannot appoint +military commanders, or independently name any officials whatever; he +cannot enforce a policy, or declare war, or make peace, or conclude a +treaty. His name is not a by-word in his own country. Not a few among +the intelligent Swiss would pause a moment to recall his name if +suddenly asked: "Who is President this year?" + +The federal executive council is elected on the assembling of the +Federal Assembly after the triennial election for members of the lower +house. All Swiss citizens are eligible, except that no two members may +be chosen from the same canton. The President's salary is $2,605, that +of the other members $2,316. While in office, the councilors may not +perform any other public function, engage in any kind of trade, or +practice any profession. A member of the council is at the head of each +department of the government, viz.: Foreign Affairs, Interior, Justice +and Police, Military, Finances, Commerce and Agriculture, and +Post-Office and Railroads. The constitution directs a joint transaction +of the business of the council by all the seven members, with the +injunction that responsibility and unity of action be not enfeebled. The +council appoints employes and functionaries of the federal departments. +Each member may present a nomination for any branch, but names are +usually handed in by the head of the department in which the appointment +is made. As a minority of the board is uniformly composed of members of +the political party not, if it may be so described, "in power," purely +partisan employments are difficult. Removals of federal office-holders +in order to repay party workers are unheard of. + +The executive council may employ experts for special tasks, it has the +right to introduce bills in the Federal Assembly, and each councilor has +a "consultative voice" in both houses. In practice, the council is +simply an executive commission expressing the will of the assembly, the +latter having even ordered the revision of regulations drawn up by the +council for its employes at Berne. The acts of the assembly being liable +to the Referendum, connection with the will of the people is +established. Thus popular sovereignty finally, and quite directly, +controls. + +While both legislators and executives are elected for short terms, it is +customary for the same men to serve in public capacities a long time. +Though the people may recall their servants at brief intervals, they +almost invariably ask them to continue in service. Employes keep their +places at their will during good behavior. This custom extends to the +higher offices filled by appointment. One minister to Paris held the +position for twenty-three years; one to Rome, for sixteen. Once elected +to the federal executive council, a public man may regard his office as +a permanency. Of the council of 1889, one member had served since 1863, +another since 1866. Up to 1879 no seat in the council had ever become +vacant excepting through death or resignation. + + +_Features of the Judiciary._ + +Civil and criminal courts are separate. The justice of the peace sits in +a case first as arbitrator, and not until he fails in that capacity does +he assume the chair of magistrate. His decision is final in cases +involving sums up to a certain amount, varying in different localities. +Two other grades of court are maintained in the canton, one sitting for +a judicial subdivision called a district, and a higher court for the +whole canton. Members of the district tribunal, consisting of five or +seven members, are commonly elected by the people, their terms varying, +with eight years as the longest. The judges of the cantonal courts as a +rule are chosen by the Grand Council; their number seven to thirteen; +their terms one to eight years. The cantonal court is the court of last +resort. The Federal Tribunal, which consists of nine judges and nine +alternates, elected for six years, tries cases between canton and canton +or individual and canton. For this bench practically all Swiss citizens +are eligible. The entire judicial system seems designed for the speedy +trial of cases and the discouragement of litigation. + +No court in Switzerland, not even the Federal Tribunal, can reverse the +decisions of the Federal Assembly (congress). This can be done only by +the people. + +The election by the Assembly of the Federal Tribunal--as well as of the +federal executive--has met with strong opposition. Before long both +bodies may be elected by popular vote. + +Swiss jurors are elected by the people and hold office six years. In +French and German Switzerland, there is one such juror for every +thousand inhabitants, and in Italian Switzerland one for every five +hundred. To a Swiss it would seem as odd to select jurors haphazard as +to so select judges. + +In most of the manufacturing cantons, councils of prud'hommes are +elected by the people. The various industries and professions are +classified in ten groups, each of which chooses a council of prud'hommes +composed of fifteen employers and fifteen employes. Each council is +divided into a bureau of conciliation, a tribunal of prud'hommes, and a +chamber of appeals, cases going on appeal from one board to another in +the order named. These councils have jurisdiction only in the trades, +their sessions relating chiefly to payment for services and contracts of +apprenticeship. + + +_A Democratic Army._ + +In surveying the simple political machinery of Switzerland, the +inquirer, remembering the fate of so many republics, may be led to ask +as to the danger of its overthrow by the Swiss army. The reply is that, +here, again, so far as may be seen, the nation has wisely planned +safeguards. To show how, and as the Swiss army differs widely from all +others in its organization, some particulars regarding it are here +pertinent. + +The more important features of the Swiss military system, established in +1874, are as follows: There is no Commander-in-chief in time of peace. +There is no aristocracy of officers. Pensions are fixed by law. There is +no substitute system. Every citizen not disabled is liable either to +military duty or to duties essential in time of war, such as service in +the postal department, the hospitals, or the prisons. Citizens entirely +disabled and unfit for the ranks or semi-military service are taxed to a +certain per centage of their property or income. No canton is allowed to +maintain more than three hundred men under arms without federal +authority. + +Though there is no standing army, every man in the country between the +ages of seventeen and fifty is enrolled and subject annually either to +drill or inspection. On January 1, 1891, the active army, comprising all +unexempt citizens between twenty and thirty-two years, contained 126,444 +officers and men; the first reserve, thirty-three to forty-four years, +80,795; the second reserve, all others, 268,715; total, 475,955. The +Confederation can place in the field in less than a week more than +200,000 men, armed, uniformed, drilled, and every man in his place. + +On attaining his twentieth year, every Swiss youth is summoned before a +board of physicians and military officers for physical and mental +examination. Those adjudged unfit for service are exempted--temporarily +if the infirmity may pass away, for life if it be permanent. The tax on +exempted men is $1.20 plus thirty cents per year for $200 of their +wealth or $20 of their income, until the age of thirty-two years, and +half these sums until the age of forty-four. On being enrolled in his +canton, the soldier is allowed to return home. He takes with him his +arms and accoutrements, and thenceforth is responsible for them. He is +ever ready for service at short call. Intrusting the soldiery with their +outfit reduces the number of armories, thus cutting down public +expenditures and preventing loss through capture in case of sudden +invasion by an enemy. + +In the Swiss army are eight divisions of the active force and eight of +the reserve, adjoining cantons uniting to form a division. Each summer +one division is called out for the grand manoeuvres, all being brought +out once in the course of eight years. + +In case of war a General is named by the Federal Assembly. At the head +of the army in time of peace is a staff, composed of three colonels, +sixteen lieutenant colonels and majors, and thirty-five captains. + +The cost of maintaining the army is small, on an average $3,500,000 a +year. Officers and soldiers alike receive pay only while in service. If +wounded or taken ill on duty, a man in the ranks may draw up to $240 a +year pension while suffering disability. Lesser sums may be drawn by +the family of a soldier who loses his life in the service. + +At Thoune, near Berne, is the federal military academy. It is open to +any Swiss youth who can support himself while there. Not even the +President of the Confederation may in time of peace propose any man for +a commission who has not studied at the Thoune academy. A place as +commissioned officer is not sought for as a fat office nor as a ready +stepping-stone to social position. As a rule only such youths study at +Thoune as are inclined to the profession of arms. Promotion is according +to both merit and seniority. Officers up to the rank of major are +commissioned by the cantons, the higher grades by the Confederation. + + * * * * * + +In Switzerland, then, the military leader appears only when needed, in +war; he cannot for years afterward be rewarded by the presidency; +pensions cannot be made perquisites of party; the army, _i.e._ the whole +effective force of the nation, will support, and not attempt to subvert, +the republic. + + +_The True Social Contract._ + +The individual enters into social life in Switzerland with the +constitutional guarantee that he shall be independent in all things +excepting wherein he has inextricable common interests with his fellows. + +Each neighborhood aims, as far as possible, to govern itself, so +subdividing its functions that even in these no interference with the +individual shall occur that may be avoided. Adjoining neighborhoods +next form a district and as such control certain common interests. Then +a greater group, of several districts, unite in the canton. Finally +takes place the federation of all the cantons. At each of these +necessary steps in organizing society, the avowed intention of the +masses concerned is that the primary rights of the individual shall be +preserved. Says the "Westminster Review": "The essential characteristic +of the federal government is that each of the states which combine to +form a union retains in its own hands, in its individual capacity, the +management of its own affairs, while authority over matters common to +all is exercised by the states in their collective and corporate +capacity." And what is thus true of Confederation with respect to the +independence of the canton is equally true of canton with respect to the +commune, and of the commune with respect to the individual. No departure +from home rule, no privileged individuals or corporations, no special +legislation, no courts with powers above the people's will, no legal +discriminations whatever--such their aim, and in general their +successful aim, the Swiss lead all other nations in leaving to the +individual his original sovereignty. Wherever this is not the fact, +wherever purpose fails fulfillment, the cause lies in long-standing +complications which as yet have not yielded to the newer democratic +methods. On the side of official organization, one historical abuse +after another has been attacked, resulting in the simple, +smooth-running, necessary local and national stewardships described. On +the side of economic social organization, a concomitant of the political +system, the progress in Switzerland has been remarkable. As is to be +seen in the following chapter, in the management of natural monopolies +the democratic Swiss, beyond any other people, have attained justice, +and consequently have distributed much of their increasing wealth with +an approach to equity; while in the system of communal lands practiced +in the Landsgemeinde cantons is found an example to land reformers +throughout the world. + + + + +THE COMMON WEALTH OF SWITZERLAND. + + +Unless producers may exercise equal right of access to land, the first +material for all production, they stand unequal before the law; and if +one man, through legal privilege given to another, is deprived of any +part of the product of his labor, justice does not reign. The economic +question, then, under any government, relates to legal privilege--to +monopoly, either of the land or its products. + +With the non-existence of the exclusive enjoyment of monopolies by some +men--monopolies in the land, in money-issuing, in common public +works--each producer would retain his entire product excepting his +taxes. This end secured, there would remain no politico-economic problem +excepting that of taxation. + +Of recent years the Swiss have had notable success in preventing from +falling into private hands certain monopolies that in other countries +take from the many to enrich a few. Continuing to act on the principles +observed, they must in time establish not only equal rights in the land +but the full economic as well as political sovereignty of the +individual. + + +_Land and Climate._ + +Glance at the theatre of the labor of this people. Switzerland, with +about 16,000 square miles, equals in area one-third of New York. Of its +territory, 30 per cent--waterbeds, glaciers, and sterile mountains--is +unproductive. Forests cover 18 per cent. Thus but half the country is +good for crops or pasture. The various altitudes, in which the climate +ranges from that of Virginia to that of Labrador, are divided by +agriculturists into three zones. The lower zone, including all lands +below a level of 2,500 feet above the sea, touches, at Lake Maggiore, in +the Italian canton of Ticino, its lowest point, 643 feet above the sea. +In this zone are cultivated wheat, barley, and other grains, large crops +of fruit, and the vine, the latter an abundant source of profit. The +second zone, within which lies the larger part of the country, includes +the lower mountain ranges. Its altitudes are from 2,500 to 5,000 feet, +its chief growth great forests of beech, larch, and pine. Above this +rises the Alpine zone, upon the steep slopes of which are rich pastures, +the highest touching 10,000 feet, though they commonly reach but 8,000, +where vegetation becomes sparse and snow and glaciers begin. In these +mountains, a million and a half cattle, horses, sheep, and goats are fed +annually. In all, Switzerland is not fertile, but rocky, mountainous, +and much of it the greater part of the year snow-covered. + +Whatever the individual qualities of the Swiss, their political +arrangements have had a large influence in promoting the national +well-being. This becomes evident with investigation. Observe how they +have placed under public control monopolies that in other countries +breed millionaires:-- + + +_Railroads._ + +One bureau of the Post-Office department exercises federal supervision +over the railroads, a second manages the mail and express services, and +a third those of the telegraph and telephone. + +Of railroads, there are nearly 2,000 miles. Their construction and +operation have been left to private enterprise, but from the first the +Confederation has asserted a control over them that has stopped short +only of management. Hence there are no duplicated lines, no +discriminations in rates, no cities at the mercy of railroad +corporations, no industries favored by railroad managers and none +destroyed. The government prescribes the location of a proposed line, +the time within which it must be built, the maximum tariffs for freight +and passengers, the minimum number of trains to be run, and the +conditions of purchase in case the State at any time should decide to +assume possession. Provision is made that when railway earnings exceed a +certain ratio to capital invested, the surplus shall be subjected to a +proportionately increased tax. Engineers of the Post-Office department +superintend the construction and repair of the railroads, and +post-office inspectors examine and pass upon the time-tables, tariffs, +agreements, and methods of the companies. Hence falsification of reports +is prevented, stock watering and exchange gambling are hampered, and +"wrecking," as practiced in the United States, is unknown. + +Owing to tunnels, cuts, and bridges, the construction of the Swiss +railway system has been costly; Mulhall's statistics give Switzerland a +higher ratio of railway capital to population than any other country in +Europe. Yet the service is cheap, passenger tariffs being considerably +less than in France and Great Britain, and, about the same as in +Germany, within a shade as low as the lowest in Europe. + +Differing from the narrow compartment railway carriages of other +European countries, the passenger cars of Switzerland are generally +built on the American plan, so that the traveler is enabled to view the +scenery ahead, behind, and on both sides. For circular tours, the +companies make a reduction of 25 per cent on the regular fare. At the +larger stations are interpreters who speak English. Unlike the service +in other Continental countries, third class cars are attached to all +trains, even the fastest. On the whole, despite the highest railroad +investment per head in Europe, Switzerland has the best of railway +service at the lowest of rates, the result of centralized State control +coupled with free industry under the limitations of that control. In the +ripest judgment of the nation up to the present, this system yields +better results than any other: by a referendary vote taken in December, +1891, the people refused to change it for State ownership of railroads. + + +_Mails, the Telegraph, the Telephone, and Highways._ + +The Swiss postal service is a model in completeness, cheapness, and +dispatch. Switzerland has 800 post-offices and 2,000 depots where +stamps are sold and letters and packages received. Postal cards cost 1 +cent; to foreign countries, 2 cents, and with return flap, 4. For +half-ounce letters, within a circuit of six miles, the cost is 1 cent; +for letters for all Switzerland, up to half a pound, 2 cents; for +printed matter, one ounce, two-fifths of a cent; to half a pound, 1 +cent; one pound, 2 cents; for samples of goods, to half a pound, 1 cent; +one pound, 2 cents. + +There are 1,350 telegraph offices open to the public. A dispatch for any +point in Switzerland costs 6 cents for the stamp and 1 cent for every +two words. + +The Swiss Post-Office department has many surprises in store for the +American tourist. Mail delivery everywhere free, even in a rural commune +remote from the railroad he may see a postman on his rounds two or three +times a day. When money is sent him by postal order, the letter-carrier +puts the cash in his hands. If he wishes to send a package by express, +the carrier takes the order, which soon brings to him the postal express +wagon. A package sent him is delivered in his room. At any post-office +he may subscribe for any Swiss publication or for any of a list of +several thousand of the world's leading periodicals. When roving in the +higher Alps, in regions where the roads are but bridle paths, the +tourist may find in the most unpretending hotel a telegraph office. If +he follows the wagon roads, he may send his hand baggage ahead by the +stage coach and at the end of his day's walk find it at his +destination. + +There are three hundred stage routes in Switzerland, all operated under +the Post-Office department, private posting on regular routes being +prohibited. The department owns the coaches; contractors own the horses +and other material. From most of the termini, at least two coaches +arrive and depart daily. Passengers, first and second class, are +assigned to seats in the order of purchasing tickets. Every passenger in +waiting at a stage office on the departure of a coach must by law be +provided with conveyance, several supplementary vehicles often being +thus called into employ. A postal coach may be ordered at an hour's +notice, even on the mountain routes. Coach fare is 6 cents a mile; in +the Alps, 8. Each passenger is allowed thirty-three pounds of baggage; +in the Alps, twenty-two. Return tickets are sold at a reduction of 10 +per cent. + +The cantonal wagon roads of Switzerland are unequaled by any of the +highways in America. They are built by engineers, are solidly made, are +macadamized, and are kept in excellent repair. The Alpine post roads are +mostly cut in or built out upon the steep mountain sides. Not +infrequently, they are tunneled through the massive rocky ribs of great +peaks. Yet their gradient is so easy that the average tourist walks +twenty-five miles over them in a short day. The engineering feats on +these roads are in many cases notable. On the Simplon route a wide +mountain stream rushes down over a post-road tunnel, and from within the +traveler may see through the gallery-like windows the cataract pouring +close beside him down into the valley. On the route that passes the +great Rhone glacier, the road ascends a high mountain in a zigzag that, +as viewed in front from the valley below, looks like a colossal +corkscrew. This road is as well kept as the better turnpikes of New +York, teams moving at a fast walk in ascending and at a trot in +descending, though the region is barren and uninhabitable, and wintry +nine months in the year. These two examples, however, give but a faint +idea of the vast number of similar works. The federal treasury +appropriates to several of the Alpine cantons, in addition to the sums +so expended by the local administrations, from $16,000 to $40,000 a year +for the maintenance of their post roads. + +With lower postage than any other country, the net earnings of the Swiss +postal system for 1889 were $560,000. This, however, is but a fraction +of the real gain to the nation from this source. Without their roads, +railroads, stage lines, and mail facilities, their hotels, numbering +more than one thousand and as a rule excellently managed, could not be +maintained for the summer rush of foreign tourists, worth to the country +many million dollars a year. The finest Alpine scenery is by no means +confined to Swiss boundaries, but within these lines the comforts of +travel far surpass those in the neighboring mountainous countries. In +Savoy, Lombardy, and the Austrian Tyrol, the traveler must be prepared +to put up with comparatively antiquated methods and primitive +accommodations. + +Yet, previous to 1849, each Swiss canton had its own postal +arrangements, some cantons farming out their systems either to other +cantons or to individuals. In each canton the service, managed +irrespective of federal needs, was costly, and Swiss postal systems, as +compared with those of France and Germany, were notoriously behindhand. + + +_Banking._ + +While the Confederation coins the metallic money current in the country, +it is forbidden by the constitution to monopolize the issue of notes or +guarantee the circulation of any bank. For the past ten years, however, +it has controlled the circulation of the banks, the amount of their +reserve fund, and the publication of their reports.[H] The latter may be +called for at the discretion of the executive council, in fact even +daily. + +[Footnote H: A vote, October 18, 1891, made note-issuing a federal +monopoly.] + +There are thirty-five banks of issue doing business under cantonal law. +Of these, eighteen, known as cantonal banks, either are managed or have +their notes guaranteed by the respective cantons. Thus, while banking +and money-issuing are free, the cantonal banks insure a requisite note +circulation, minimizing the rate of interest and reducing its +fluctuations. The setting up of cantonal banks, in order to withdraw +privileges from licensed banks, was one of the public questions agitated +by social reformers and decided in several of the cantons by direct +legislation. + + +_Taxes._ + +The framework of this little volume does not admit so much as an +outline of the various methods of taxation practiced in Switzerland. As +in all countries, they are complex. But certain significant results of +direct legislation are to be pointed out. In all the cantons there is a +strong tendency to raise revenue from direct, as opposed to indirect, +taxes, and from progressive taxation according to fortune. The +following, from an editorial in the "Christian Union," February 12, +1891, so justly and briefly puts the facts that I prefer printing it +rather than words of my own, which might lie under suspicion of being +tinged with the views of a radical: "With the democratic revolution of +1830 the people demanded that direct taxation should be introduced, and +since the greater revolution of 1848 they have been steadily replacing +the indirect taxes upon necessities by direct taxes upon wealth. In +Zurich, for example--where in the first part of this century there were +no direct taxes--in 1832 indirect taxation supplied four-fifths of the +local revenue; to-day it supplies but one-seventeenth. The canton raises +thirty-two francs per capita by direct taxation where it raises but two +by indirect taxation. This change has accompanied the transformation of +Switzerland from a nominal to a real democracy. By the use of direct +taxation, where every man knows just how much he pays, and by the use of +the Referendum, where the sense of justice of the entire public is +expressed as to how tax burdens should be distributed, Switzerland has +developed a system by which the division of society into the harmfully +rich and wretchedly poor has been checked, if not prevented. In the +most advanced cantons, as has been brought out by Professor Cohn in the +'Political Science Quarterly,' the taxes, both on incomes and on +property, are progressive. In each case a certain minimum is exempted. +In the case of incomes, the progression is such that the largest incomes +pay a rate five times as heavy as the very moderate ones; while in the +case of property, the largest fortunes pay twice as much as the +smallest. The tax upon inheritances has been most strongly developed. In +the last thirty years it has been increased sixfold. The larger the +amount of property, and the more distant the relative to whom it has +been bequeathed, the heavier the rate is made. It is sometimes as high +as 20 per cent. Speaking upon this point, the New York 'Evening Post' +correspondent says: 'Evidently there are few countries that do so much +to discourage the accumulation of vast fortunes; and, in fact, +Switzerland has few paupers and few millionaires.'" + +Until 1848, each canton imposed cantonal tariff duties on imported +goods, and, as is yet the case in most continental countries, until a +few years ago the larger cities imposed local import duties (_octrois_). +But the _octroi_ is now a thing of the past, and save in one respect the +cantons have abolished cantonal tariffs. The mining of salt being under +federal control, and the retail price regulated by each canton for +itself, supervision of imports of salt into each canton becomes +necessary. + +The "Statesmen's Year Book" (1891) gives the debts of all the cantons +of Switzerland as inconsiderable, while the federal debt, in 1890 but +eleven million dollars, is less than half the federal assets in stocks +and lands. In summing up at the close of his chapter on "State and Local +Finance," Prof. Vincent says: "On the whole, the expenditures of +Switzerland are much less than those of neighboring states. This may be +ascribed in part to the lighter military burden, in part to the fact +that no monarchs and courts must be supported, and further, to the +inclinations of the Swiss people for practical rather than ornamental +matters." And he might pertinently have added, "and to the fact that the +citizens themselves hold the public purse-strings." + + +_Limitations to Swiss Freedom._ + +Certain stumbling blocks stand in the way of sweeping claims as to the +freedom enjoyed in Switzerland. One is asked: What as to the suppression +of the Jesuits and the Salvation Army? As to the salt and alcohol +monopolies of the State? As to the federal protective tariff? What as to +the political war two years ago in Ticino? + +Two mutually supporting forms of reply are to be made to these queries. +One relates to the immediate circumstances under which each of the +departures from freedom cited have taken place; the other to historical +conditions affecting the development of the Swiss democracy of to-day. + +As to the first of these forms of reply: + +In the decade previous to 1848 occurred the religious disturbances that +ended in the war of the Sonderbund (secession), when several Catholic +cantons endeavored to dissolve the loose federal pact under which +Switzerland then existed. On the defeat of the secessionists, the +movement for a closer federation--for a Confederation--received an +impetus, which resulted in the present union. By an article of the +constitution then substituted for the pact, convents were abolished and +the order of the Jesuits forbidden on Swiss soil. Both had endangered +the State. Mild, indeed, is this proscription when compared with the +effects of the religious hatreds fostered for centuries between +territories now Swiss cantons. In the judgment of the majority this +restriction of the freedom of a part is essential to that enjoyed by the +nation as a whole. + +The exercises of the Salvation Army fell under the laws of the +municipalities against nuisances. The final judicial decision in this +case was in effect that while persons of every religious belief are free +to worship in Switzerland, none in doing so are free seriously to annoy +their neighbors. + +The present federal protective tariff was imposed just after the federal +Referendum (optional) had been called into operation on several other +propositions, and, the public mind weary of political agitation, demand +for the popular vote on the question was not made. The Geneva +correspondent of the Paris "Temps" wrote of the tariff when it was +adopted in 1884: "This tariff has sacrificed the interest of the whole +of the consumers to temporary coalitions of private interests. It would +have been shattered like a card house had it been submitted to the vote +of the people." In imposing the tariff, the Federal Assembly in +self-defense followed the action of other Continental governments. Many +raw materials necessary to manufactures were, however, exempted and the +burden of the duties placed on luxuries. As it is, Switzerland, without +being able to obtain a pound of cotton except by transit through regions +of hostile tariffs, maintains a cotton manufacturing industry holding a +place among the foremost of the Continent, while her total trade per +head is greater than that of any other country in Europe. + +The days of the federal salt monopoly are numbered. The criticisms it +has of late evoked portend its end. A popular vote may finish it at any +time. + +The State monopoly of alcohol, begun in 1887, is as yet an experiment. +Financially, it has thus far been moderately successful, though +smuggling and other evasions of the law go on on a large scale. The +nation, yet in doubt, is awaiting developments. With a reaction, +confidently predicted by many, against high tariffs and State +interference with trade, the monopoly may be abolished. + +The little war in Ticino was the expiring spasm of the ultramontanes, +desperately struggling against the advance of the Liberals armed with +the Referendum. The reactionaries were suppressed, and the people's law +made to prevail. The story, now to be read in the annual reference +books, is a chronicle that cannot fail to win approval for democracy as +an agency of peace and justice. + + * * * * * + +The explanations conveyed in these facts imply yet a deeper cause for +the lapses from freedom in question. This cause is that Switzerland, in +many cantons for centuries undemocratic, is not yet entirely democratic. +Law cannot rise higher than its source. The last step in democracy +places all lawmaking power directly and fully in the hands of the +majority, but if by the majority justice is dimly seen, justice will be +imperfectly done. No more may be asserted for democracy than this: (1) +That under the domination of force, at present the common state of +mankind, escape from majority rule in some form is impossible. (2) That +hence justice as seen by the majority, exercising its will in conditions +of equality for all, marks the highest justice obtainable. In their +social organization and practice, the Swiss have advanced the line of +justice to where it registers their political,--their mental and +moral,--development. Above that, manifestly, it cannot be carried. + +Despite a widespread impression to the contrary, the traditions for ages +of nearly all that now constitutes Swiss territory have been of tyranny +and not of liberty. In most of that territory, in turn, bishop, king, +noble, oligarch, and politician governed, but until the past half +century, or less, never the masses. Half the area of Switzerland, at +present containing 40 per cent of the inhabitants, was brought into the +federation only in the present century. Of this recent accession, +Geneva, for a brief term part of France, had previously long been a pure +oligarchy, and more remotely a dictatorship; Neuchatel had been a +dependency of the crown of Prussia, never, in fact, fully released until +1857; Valais and the Grisons, so-called independent confederacies, had +been under ecclesiastical rule; Ticino had for three centuries been +governed as conquered territory, the privilege of ruling over it +purchased by bailiffs from its conquerors, the ancient Swiss League--"a +harsh government," declares the Encyclopaedia Britannica, "one of the +darkest passages of Swiss history." Of the older Switzerland, Bale, +Berne, and Zurich were oligarchical cities, each holding in feudality +extensive neighboring regions. Not until 1833 were the peasants of Bale +placed on an equal footing with the townspeople, and then only after +serious disturbances. And the inequalities between lord and serf, victor +and vanquished, voter and disfranchised, existed in all the older states +save those now known as the Landsgemeinde cantons. Says Vincent: "Almost +the only thread that held the Swiss federation together was the +possession of subject lands. In these they were interested as partners +in a business corporation. Here were revenues and offices to watch and +profits to divide, and matters came to such a pass that almost the only +questions upon which the Diet could act in concert were the inspection +of accounts and other affairs connected with the subject territories. +The common properties were all that prevented complete rupture on +several critical occasions. Another marked feature in the condition of +government was the supremacy gained by the patrician class. +Municipalities gained the upper hand over rural districts, and within +the municipalities the old families assumed more and more privileges in +government, in society, and in trade. The civil service in some +instances became the monopoly of a limited number of families, who were +careful to perpetuate all their privileges. Even in the rural +democracies there was more or less of this family supremacy visible. +Sporadic attempts at reform were rigorously suppressed in the cities, +and government became more and more petrified into aristocracy. A study +of this period of Swiss history explains many of the provisions found in +the constitutions of today, which seem like over-precaution against +family influence. The effect of privilege was especially grievous, and +the fear of it survived when the modern constitutions were made." + +Here, plainly, are the final explanations of any shortcomings in Swiss +liberty. In those parts of Switzerland where these shortcomings are +serious, modern ideas of equality in freedom have not yet gained +ascendency over the ages-honored institution of inequality. Progress is +evident, but the goal of possible freedom is yet distant. How, indeed, +could it be otherwise when in several cantons it was only in 1848, with +the Confederation, that manhood suffrage was established? + +But how, it may be inquired, did the name of Swiss ever become the +synonym of liberty? This land whose soldiery hired out as mercenaries to +foreign princes, this League of oppressors, this hotbed of religious +conflicts and persecutions,--how came it to be regarded as the home of a +free people! + +The truth is that the traditional reputation of the whole country is +based on the ancient character of a part. The Landsgemeinde cantons +alone bear the test of democratic principles. Within them, indeed, for a +thousand years the two primary essentials of democracy have prevailed. +They are: + +(1) That the entire citizenship vote the law. + +(2) That land is not property, and its sole just tenure is occupancy and +use. + +The first-named essential is yet in these cantons fully realized; +largely, also, is the second. + + +_The Communal Lands of Switzerland._ + +As to the tenure of the land held in Switzerland as private property, +Hon. Boyd Winchester, for four years American minister at Berne, in his +recent work, "The Swiss Republic," says: "There is no country in Europe +where land possesses the great independence, and where there is so wide +a distribution of land ownership as in Switzerland. The 5,378,122 acres +devoted to agriculture are divided among 258,637 proprietors, the +average size of the farms throughout the whole country being not more +than twenty-one acres. The facilities for the acquisition of land have +produced small holders, with security of tenure, representing +two-thirds the entire population. There are no primogeniture, copyhold, +customary tenure, and manorial rights, or other artificial obstacles to +discourage land transfer and dispersion." "There is no belief in +Switzerland that land was made to administer to the perpetual elevation +of a privileged class; but a widespread and positive sentiment, as +Turgot puts it, that 'the earth belongs to the living and not to the +dead,' nor, it may be added, to the unborn." + +Turgot's dictum, however, obtains no more than to this extent: (1) The +cantonal testamentary laws almost invariably prescribe division of +property among all the children--as in the code Napoleon, which prevails +in French Switzerland, and which permits the testator to dispose of only +a third of his property, the rest being divided among all the heirs. (2) +Highways, including the railways, are under immediate government +control. (3) The greater part of the forests are managed, much of them +owned, by the Confederation. (4) In nearly all the communes, some lands, +often considerable in area, are under communal administration. (5) In +the Landsgemeinde cantons largely, and in other cantons in a measure, +inheritance and participation, jointly and severally, in the communal +lands are had by the members of the communal corporation--that is, by +those citizens who have acquired rights in the public property of the +commune. + +Nearly every commune in Switzerland has public lands. In many communes, +where they are mostly wooded, they are entirely in charge of the local +government; in others, they are in part leased to individuals; in +others, much of them is worked in common by the citizens having the +right; but in the Landsgemeinde cantons it is customary to divide them +periodically among the members of the corporation. + +Of the Landsgemeinde cantons, one or two yet have nearly as great an +area of public land as of private. The canton of Uri has nearly 1,000 +acres of cultivated lands, the distribution of which gives about a +quarter of an acre to each family entitled to a share. Uri has also +forest lands worth between 4,000,000 and 5,000,000 francs, representing +a capital of nearly 1,500 francs to each family. The commune of Obwald, +in Unterwald, with 13,000 inhabitants, has lands and forests valued at +11,350,000 francs. Inner Rhodes, in Appenzell, with 12,000 inhabitants, +has land valued at 3,000,000 francs. Glarus, because of its +manufactures, is one of the richest cantons in public domain. In the +non-Landsgemeinde German cantons, there is much common land. One-third +of all the lands of the canton of Schaffhausen is held by the communes. +The town of Soleure has forests, pastures, and cultivated lands worth +about 6,000,000 francs. To the same value amounts the common property of +the town of St. Gall. In the canton of St. Gall the communal Alpine +pasturages comprise one-half such lands. Schwyz has a stretch of common +land (an _allmend_) thirty miles in length and ten to fifteen in +breadth. The city of Zurich has a well-kept forest of twelve to fifteen +square miles, worth millions of francs. Winterthur, the second town in +Zurich, has so many forests and vineyards that for a long period its +citizens not only had no taxes to pay, but every autumn each received +gratis several cords of wood and many gallons of wine. Numerous small +towns and villages in German Switzerland collect no local taxes, and +give each citizen an abundance of fuel. In addition to free fuel, +cultivable lands are not infrequently allotted. At Stanz, in Unterwald, +every member of the corporation is given more than an acre. At Buchs, in +St. Gall, each member receives more than an acre, with firewood and +grazing ground for several head of cattle. Upward of two hundred French +communes possess common lands. In the canton of Vaud, a number of the +communes have large revenues in wood and butter from the forests and +pastures of the Jura mountains. Geneva has great forests; Valais many +vineyards. + +In the canton of Valais, communal vineyards and grain fields are +cultivated in common. Every member of the corporation who would share in +the produce of the land contributes a certain share of work in field or +vineyard. Part of the revenue thus obtained is expended in the purchase +of cheese. The rest of the yield provides banquets in which all the +members take part. + +Excepting in the case of forests, the trend is away from working the +lands in common. Examples of the later methods are to be seen in the +cantons of Ticino and Glarus, as follows:-- + +Several communes in Ticino, notably Airolo, have much public wealth. +Airolo has seventeen mountain pastures, each of which feeds forty to +eighty head of cattle. Each member of the corporation has the right to +send up to these pastures five head for the summer. Those sending more, +pay for the privilege; those sending less, receive a rental. On a +specified day at the beginning of the season and on another at the +close, the milk of each cow is weighed; from these amounts her average +yield is estimated, and her total produce computed. The cheese and +butter from the herds are sold, most of it in Milan, the hire of the +herders paid, and the net revenue divided among the members according to +the yield of their cows. + +In Glarus, the produce of the greater part of the communal lands, +instead of being directly divided among the inhabitants, is substituted +for taxation. The commonable alps are let by auction for a term of +years, and, in opposition to ancient principles, strangers may bid for +them. Some of the Glarus communes sell the right to cut timber in the +forest under the superintendence of the guardians. The mountain hotels, +in not a few instances the property of the communes, are let year by +year. Land is frequently rented from the communes by manufacturing +establishments. A citizen not using his share of the communal land may +lease it to the commune, which in turn will let it to a tenant. The +communes of Glarus are watchful that enough arable land is preserved for +distribution among the members. If a plot is sold to manufacturers, or +for private building purposes, a piece of equal or greater extent is +bought elsewhere. Glarus has relatively as many people engaged in +industries aside from farming as any other spot in Europe. It has 34,000 +inhabitants, of whom nearly 15,000 live directly by manufactures, while +of the rest many indirectly receive something from the same source. +Distributive cooeperative societies on the English plan exist in most of +the industrial communes. The members of the communal corporations in +Glarus, though not rich, are as free and independent as any other +wage-workers in the world: they inherit the common lands; their local +taxes are little or nothing; they are assured work, if not in the +manufactories then on the land. + +Of the poverty that fears pauperism in old age, that dreads enforced +idleness in recurrent industrial crises, that undermines health, that +sinks human beings in ignorance, that deprives men of their manhood, the +Swiss who enjoy the common lands of the Landsgemeinde cantons know +little or nothing. They have enough. They have nothing to waste, nothing +to spare; their fare is simple. But they are free. It is to the like +freedom and equality of their ancestors that historians have pointed. It +would be well nigh meaningless to refer to any freedom and equality +among other ancient Swiss. The right of asylum from religious oppression +is the sole feature of liberty at all general of old. The present is the +first generation in which all the Swiss have been free. The chief +elements of their political freedom--the Initiative and +Referendum--came from the Landsgemeinde cantons. From the same source, +in good time, so also may come to all Switzerland the prime element of +economic freedom--free access to land. + + * * * * * + +Poverty is a relative condition. Men may be poor of mind--ignorant; and +of body--ill-fed, ill-clothed, ill-sheltered; and of rights--dependent. +And from the state of hopeless deprivation involving all these forms +upward are minute gradations. Where stand the Swiss in the scale? + +This the reply: Their system of education gives free opportunity to all +to partake of the mental heritage of the ages. Their method of +distribution, through the inheritance laws, of private and common lands, +has made roughly two-thirds of the heads of families agricultural land +holders. There being in other regards government control of all +monopolies, the consequence is a widespread distribution of the annual +product. Hence, no pauperism to be compared with that of England; no +plutocracy such as we have in America. Certain other facts broadly +outline the general comfort and independence. As one effect of the +subdivision of the land, the soil, so far as nature permits, is highly +cultivated, its appearance fertile, finished, beautiful, and in striking +contrast with the dominating vast, bare mountain rocks and snowbeds. The +many towns and cities bear abundant signs of a general prosperity, their +roads, bridges, stores, residences, and public buildings betokening in +the inhabitants industry and energy, and freedom to employ these +qualities. Emigration is at low percentage, and of those citizens who do +leave for the New World not a few are educated persons with some means +seeking short cuts to fortune. Much of the rough work of Switzerland is +done by Savoyards, as houseworkers, and by Italians, as farm hands, +laborers, and stone masons: showing that as a body even the poorest of +the propertyless Swiss have some choice of the better paid occupations. +Every spring sees Italians, by scores of thousands, pouring over the +Alps for a summer's work in Switzerland. Indeed, Swiss wage-workers +might command better terms were it not for competing Italians, French, +and Germans. In other words, through just social arrangements, enough +has been done in Switzerland to raise the economic level of the entire +nation; but the overflow of laborers from other lands depresses the +condition of home labor. Nevertheless, where, it may be asked, is the +people higher in the scale of civilization, in all the word implies, +than the Swiss? + + * * * * * + +To recount what the Swiss have done by direct legislation: + +They have made it easy at any time to alter their cantonal and federal +constitutions,--that is, to change, even radically, the organization of +society, the social contract, and thus to permit a peaceful revolution +at the will of the majority. They have as well cleared from the way of +majority rule every obstacle,--privilege of ruler, fetter of ancient +law, power of legislator. They have simplified the structure of +government, held their officials as servants, rendered bureaucracy +impossible, converted their representatives to simple committeemen, and +shown the parliamentary system not essential to lawmaking. They have +written their laws in language so plain that a layman may be judge in +the highest court. They have forestalled monopolies, improved and +reduced taxation, avoided incurring heavy public debts, and made a +better distribution of their land than any other European country. They +have practically given home rule in local affairs to every community. +They have calmed disturbing political elements;--the press is purified, +the politician disarmed, the civil service well regulated. Hurtful +partisanship is passing away. Since the people as a whole will never +willingly surrender their sovereignty, reactionary movement is possible +only in case the nation should go backward. But the way is open forward. +Social ideals may be realized in act and institution. Even now the +liberty-loving Swiss citizen can discern in the future a freedom in +which every individual,--independent, possessed of rights in nature's +resources and in command of the fruits of his toil,--may, at his will, +on the sole condition that he respect the like aim of other men, pursue +his happiness. + + + + +DIRECT LEGISLATION IN THE UNITED STATES. + + +"But these are foreign methods. How are they to be engrafted on our +American system?" More than once have I been asked this question when +describing the Initiative and Referendum of Switzerland. + +The reply is: Direct legislation is not foreign to this country. Since +the settlement of New England its practice has been customary in the +town meeting, an institution now gradually spreading throughout the +western states--of recent years with increased rapidity. The Referendum +has appeared, likewise, with respect to state laws, in several forms in +every part of the Union. In the field of labor organization, also, +especially in several of the more carefully managed national unions, +direct legislation is freely practiced. The institution does not need to +be engrafted on this republic; it is here; it has but to develop +naturally. + + +_The Town Meeting._ + +The town meeting of New England is the counter-part of the Swiss +communal political meeting. Both assemblies are the primary form of the +politico-social organization. Both are the foundation of the structure +of the State. The essential objects of both are the same: to enact local +regulations, to elect local officers, to fix local taxation, and to +make appropriations for local purposes. At both, any citizen may propose +measures, and these the majority may accept or reject--_i.e._, the +working principles of town and commune alike are the Initiative and the +Referendum. + +A fair idea of the proceedings at all town meetings may be gained +through description of one. For several reasons, a detailed account here +of what actually happened recently at a town meeting is, it seems to me, +justified. At such a gathering is seen, in plain operation, in the +primary political assembly, the principles of direct legislation. The +departure from those principles in a representative gathering is then +the more clearly seen. In many parts of the country, too, the methods of +the town meeting are little known. By observing the transactions in +particular, the reader will learn the variety in the play of democratic +principle and draw from it instructive inference. + +The town of Rockland, Plymouth county, in the east of Massachusetts, has +5,200 inhabitants; assesses for taxation 5,787 acres of land; contains +1,078 dwelling houses, 800 of which are occupied by owners, and numbers +1,591 poll tax payers, who are therefore voters. + +At 9 a.m., on Monday, March 2, 1891, 819 voters of Rockland assembled in +the opera house for the annual town meeting, the "warrant" for which, in +accordance with the law, had been publicly posted seven days before and +published once in each of the two town newspapers. A presiding officer +for the day, called a moderator, was elected by show of hands, after +which an election by ballot for town officers for the ensuing year was +begun. The supervisors of the voting were the town clerk and the three +selectmen (the executive officers of the town), who were seated on a +platform at one end of the hall. To cast his ballot, a voter mounted the +platform, his name was called aloud by the clerk, his ballot was +deposited, a check bell striking as it was thrown in the ballot-box, and +the voter stepped on and down. The ballot was a printed one, its size, +color, and type regulated by state law. When the voters had cast their +ballots, five tellers, who had been chosen by show of hands, counted the +vote. In this balloting for town officers, there was no division into +Republicans and Democrats, although considerable grouping together +through party association could be traced. The officers elected were a +town clerk and treasurer; a board of three, to serve as selectmen, +assessors, overseers of the poor, and fence viewers; three school +committeemen; a water commissioner; a board of health of three members; +two library trustees; three auditors, and seven constables. + +A vote was also taken by ballot--"Yes" or "No"--on the question: "Shall +licenses be granted for the sale of intoxicating liquors in this town?" +The yeas were 317; nays, 347. The form of ballot used in this case was +precisely that invariably employed in the Referendum in Switzerland. + +After a recess of an hour at midday, the business laid out in the +"warrant" was resumed. There were present 700 to 800 voters, with, as +on-lookers on the same floor, a large number of women, the principal +and pupils of the high school, and the teachers and children of the +grammar schools. + +The "warrant" (the schedule for the meeting) consisted of forty-four +"articles," each representing a matter to be debated and voted on--that +is to say, a subject for legislation. These articles had been placed in +the warrant by the selectmen, either on their own motion or on request +of citizens. The election of moderator had taken place under article 1; +that of town officers under article 2; the license vote under article 3. +The voting on the rest of the articles now took place by show of hands. +Article 4 related to the annual reports of the town officers, printed +copies of which were to be had by each citizen. These were read and +discussed. Article 5 related to the general appropriations for town +expenses for the ensuing year. The following were decided on, each item +being voted on separately: + + For highway repairs $3,800 For military aid $500 + For removing snow 300 For guideboards 50 + For fire department 1,200 For abatement of taxes and + For police service 500 collector's fee 500 + For night watch 600 For support of poor 5,500 + For town officers 2,200 For library, etc 1,000 + For town committees, and For schools, proper 11,300 + Abingdon records 50 For school-incidentals 1,000 + For miscellaneous expenses 1,200 For school books 1,000 + For interest 1,000 For hydrants 2,300 + For memorial day 100 For water bonds, etc 2,500 + +Article 6, which was agreed to, authorized the town treasurer to borrow +money in anticipation of the collection of taxes; article 7 related to +the method of collecting the town taxes. It was decided these should be +farmed out to the lowest bidder, and, on the spot, a citizen secured the +contract at sixty-eight cents on the hundred. Article 8 related to the +powers of the tax collector; 9, to a list of jurors reported by the +selectmen, which was accepted; 10, to methods of repairing highways and +sidewalks; 11, to appropriating money for memorial day. Articles 10 and +11 were passed over, having been covered in the general appropriations, +and the selectmen were instructed to enforce in highway work the +nine-hour law. Article 12, which was adopted, provided for a night +watch; 13, relating to copying the records of Abingdon, had been passed +upon in the general appropriations; 14, providing for widening and +straightening a street, was passed, and $350 appropriated for the +purpose; 15, providing for concrete sidewalks, excited much debate, and +$300 was appropriated in addition to material on hand. Articles 16, +appropriating $350 for draining a street, and 17, requesting the +selectmen to lay out a water course on another street, were adopted. +Article 18, which was carried by a large majority, appropriated, in five +items, discussed and voted on separately, $7,250 for the fire +department. Article 19 appropriated $100 for a town road, 20 $200 for +another, and these were adopted, but 21, by which $325 was asked for +another road, was laid on the table. Articles 22 and 23, appropriating +$75 and $25 for bridges, were passed. Article 24, proposing the +graveling of a sidewalk, was referred to the selectmen. Articles 25, 26, +27, and 28, proposing the laying of sidewalks, were adopted, with +appropriations of $150, $125, $150, and $150; but 29, also proposing a +new sidewalk, was laid on the table. Article 30, proposing a new +sidewalk, was adopted, with an appropriation of $300, but 31, proposing +another, was laid on the table. Articles 32, proposing to change the +grading of two streets, with an appropriation of $500; 33, appropriating +$300 for a highway roller; 34, providing for a public drinking fountain, +and appropriating $200; 35, providing for a new bridge, and +appropriating $75, were all adopted. Articles 36, 37, and 38, providing +for extensions to the water mains, were laid on the table. Article 39, +appropriating $300 for relocation of a telephone line, was adopted; but +articles 40, providing for a memorial building, 41, providing for a town +hall, and 42, providing for a soldiers' memorial, were laid on the +table. Lastly, articles 43 and 44, providing for changes in street +names, were accepted as reported by the selectmen. + +After finishing the "warrant," the meeting appropriated $10 to pay the +moderator, fixed $3 a day as the rate for the selectmen, and directed +the latter not to employ as constable any man who had been rejected by a +vote of the town. It was 10.45 p.m. when the assemblage broke up, a +recess having been taken from 5.30 to 7.30. + +The proceedings at this meeting were characterized by democratic +methods. When the town officers handed in their reports, they were +questioned and criticised by one citizen and another. A motion to refer +the general appropriation list to a committee of twenty-five met with +overwhelming defeat in the face of the expressed sentiment that about +all left of primitive democracy was the old-fashioned town meeting. One +of the speakers on the town library appropriation was a lady, and her +point was carried. On the question of buying new fire extinguishing +apparatus, there were sides and leaders, with prolonged debate. As to +roads and bridges, each matter was dealt with on its own merits and +separately from other similar propositions. In the election for +officers, women voted for school committeemen. + +The only officials of Rockland under annual salary are the treasurer and +town physician. Selectmen receive a sum per diem; constables, fees; +school committeemen make out their own bills. The others serve for +nothing. + +Rockland, politically, is a typical New England town. What is to be said +of its manner of town meeting may, with little modification, be said of +all. Each citizen present at such a meeting may join in the debate. From +the printed copy of the officers' reports he may learn what his town +government has done in the year past; from the printed warrant he may +see what is proposed to be done in the year coming. He who knows the +better way in any of the business is sure to receive a hearing. The +pockets of all being concerned, whatever is best and cheapest is +insured. Bribery, successful only in the dark, has little or no field in +the town meeting. + +Provision usually exists by which a town may dispose of any urgent +matters springing up for legislation in the course of the year: as a +rule a special town meeting may be called on petition of a small number +of citizens, commonly seven to eleven. + +In a study of the town meeting system of today, in "Harper's Monthly," +June, 1891, Henry Loomis Nelson brought out many convincing facts as to +its superiority over government by a town board. Where the cost for +public lighting in a New England town had been but $2,000, in a New York +town of the same size it had amounted to $11,000. The cities of +Worcester, Mass., and Syracuse, New York, each of about 80,000 +inhabitants, were compared, with the New England city in every respect +by far the more economically governed. Towns in New England are +uniformly superior to others in other parts of the country with regard +to the extent of sewers and paved streets. The aggregate of town debts +in New England is vastly less than the aggregate for a similar +population in the Middle States. The state constitutions of New England +commonly relate to fundamental principles, since each district may +protect itself by the town meeting; but outside New England, to assert +the rights of localities, state constitutions usually perforce embody +particulars. In their fire and police departments, and public school and +water supply systems, New England towns lead the rest of the country. +"The influence," says Mr. Nelson, "of the town meeting government upon +the physical character of the country, upon the highways and bridges, +and upon the appearance of the villages, is familiar to all who have +traveled through New England. The excellent roads, the stanch bridges, +the trim tree-shaded streets, the universal signs of thrift and of the +people's pride in the outward aspects of their villages, are too well +known to be dwelt upon." In every New England community many of the men +are qualified by experience to take charge of a public meeting and +conduct its proceedings with some regard to the forms observed in +parliamentary bodies. But elsewhere in the Union few of the citizens +have any knowledge of such forms and observances. "In New England there +is not a voter who may not, and very few voters who do not, actively +participate in the work of government. In the other parts of the country +hardly any one takes part in public affairs except the office-holder." + +John Fiske, in "Civil Government in the United States," (1890), says +that "the general tendency toward the spread of township government in +the more recently settled parts of the United States is unmistakable." +The first western state to adopt the town meeting system was Michigan; +but it now prevails in four-fifths of the counties of Illinois; in +one-sixth of Missouri, where it was begun in 1879; and in one-third of +the counties of Nebraska, which adopted it in 1883; while it has gone +much further in Minnesota and Dakota, in which states it has been law +since 1878 and 1883, respectively. + +"Within its proper sphere," says Fiske, "government by town meeting is +the form of government most effectively under watch and control. +Everything is done in the full daylight of publicity. The specific +objects for which public money is to be appropriated are discussed in +the presence of everybody, and any one who disapproves of any of these +objects, or of the way in which it is proposed to obtain it, has an +opportunity to declare his opinions." "The inhabitant of a New England +town is perpetually reminded that 'our government' is 'the people.' +Although he may think loosely about the government of his state or the +still more remote government at Washington, he is kept pretty close to +the facts where local affairs are concerned, and in this there is a +political training of no small value." + +The same writer notes in the New England towns a tendency to retain good +men in office, such as we have seen is the case in Switzerland. "The +annual election affords an easy means of dropping an unsatisfactory +officer. But in practice nothing has been more common than for the same +persons to be re-elected as selectmen or constables or town-clerks for +year after year, as long as they are willing or able to serve. The +notion that there is anything peculiarly American or democratic in what +is known as 'rotation in office' is therefore not sustained by the +practice of the New England town, which is the most complete democracy +in the world." In another feature is there resemblance to Swiss custom: +some of the town officials serve without pay and none receive +exorbitant salaries. + + +_The Referendum in States, Cities, Counties, Etc._ + +Few are aware of the advances which direct legislation has made in state +government in the United States. Many facts on this subject, collected +by Mr. Ellis P. Oberholtzer, were published in the "Annals of the +American Academy of Political and Social Science," November, 1891. +Condensed, this writer's statement is as follows: Constitutional +amendments now go to the people for a vote in every state except +Delaware. The significance of this fact, and the resemblance of this +vote to the Swiss Referendum, are seen when one considers the subject +matter of a state constitution. Nowadays, such a constitution usually +limits a legislature to a short biennial session and defines in detail +what laws the legislature may and may not pass. In fact, then, in +adopting a constitution once in ten or twenty years, the voters of a +state decide upon admissible legislation. Thus they themselves are the +real legislators. Among the matters once left entirely to legislatures, +but now commonly dealt with in constitutions, are the following: +Prohibiting or regulating the liquor traffic; prohibiting or chartering +lotteries; determining tax rates; founding and locating state schools +and other state institutions; establishing a legal rate of interest; +fixing the salaries of public officials; drawing up railroad and other +corporation regulations; and defining the relations of husbands and +wives, and of debtors and creditors. In line with all this is a +tendency to easy amendment. In nearly all the new states and in those +older ones which have recently revised their constitutions, the time in +which amendments may be effected is as a rule but half of that formerly +required. Where once the approval of two successive legislatures was +exacted, now the consent of one is considered sufficient. + +In fifteen states, until submitted to a popular vote, no law changing +the location of the capital is valid; in seven, no laws establishing +banking corporations; in eleven, no laws for the incurrence of debts +excepting such as are specified in the constitution, and no excess of +"casual deficits" beyond a stipulated sum; in several, no rate of +assessment exceeding a figure proportionate to the aggregate valuation +of the taxable property. Without the Referendum, Illinois cannot sell +its state canal; Minnesota cannot pay interest or principal of the +Minnesota railroad; North Carolina cannot extend the state credit to aid +any person or corporation, excepting to help certain railroads +unfinished in 1876. With the Referendum, Colorado may adopt woman +suffrage and create a debt for public buildings; Texas may fix a +location for a college for colored youth; Wyoming may decide on the +sites for its state university, insane asylum and penitentiary. + +Numerous important examples of the Referendum in local matters in the +United States, especially in the West, were found by Mr. Oberholtzer. +There are many county, city, township, and school district referendums. +Nineteen state constitutions guarantee to counties the right to fix by +vote of the citizens the location of the county seats. So also usually +of county lines, divisions of counties, and like matters. Several +western states leave it to a vote of the counties as to when they shall +adopt a township organization, with town meetings; several states permit +their cities to decide when they shall also be counties. As in the +state, there are debt and tax matters that may be passed on only by the +people of cities, boroughs, counties, or school districts. Without the +Referendum, no municipality in Pennsylvania may contract an aggregate +debt beyond 2 per cent of the assessed valuation of its taxable +property; no municipalities in certain other states may incur in any +year an indebtedness beyond their revenues; no local governments in the +new states of the West may raise any loans whatever; none in other +states may exceed certain limits in tax rates. With the Referendum, +certain Southern communities may make harbor improvements, and other +communities may extend the local credit to railroad, water +transportation, and similar corporations. The prohibition of the liquor +business in a city or county is often left to a popular vote; indeed, +"local option" is the commonest form of Referendum. In California any +city with more than 10,000 inhabitants may frame a charter for its own +government, which, however, must be approved by the legislature. Under +this law Stockton, San Jose, Los Angeles, and Oakland have acquired new +charters. In the state of Washington, cities of 20,000 may make their +own charters without the legislature having any power of veto. Largely, +then, such cities make their own laws. + +In fact, the vast United States seems to have seen as much of the +Referendum as little Switzerland. But the effect of the practice has +been largely lost in the great size of this country and in the loose and +unsystematized character of the institution as known here. + + * * * * * + +In the "American Commonwealth" of James Bryce, a member of Parliament, +there is a chapter entitled "Direct Legislation by the People." After +reciting many facts similar in character to those given by Mr. +Oberholtzer, Mr. Bryce inquires into the practical workings of direct +legislation. He finds what are to his mind some "obvious demerits." Of +these demerits, such as apply to details he develops in the course of +his statements of several cases of Referendum. In summing up, he further +points out what seem to him two objections to the principle. One is that +direct legislation "tends to lower the authority and sense of +responsibility of the legislature." But this is precisely the aim of +pure democracy, and from its point of view a merit of the first order. +The other objection is, "it refers matters needing much elucidation by +debate to the determination of those who cannot, on account of their +numbers, meet together for discussion, and many of whom may have never +thought about the matter." But why meet together for discussion? Mr. +Bryce here overlooks that this is the age of newspaper and telegraph, +and that through these sources the facts and much debate on any matter +of public interest may be forthcoming on demand. Mr. Bryce, however, +sees more advantages than demerits in direct legislation. Of the +advantages he remarks: "The improvement of the legislatures is just what +the Americans despair of, or, as they would prefer to say, have not time +to attend to. Hence they fall back on the Referendum as the best course +available under the circumstances of the case and in such a world as the +present. They do not claim that it has any great educative effect on the +people. But they remark with truth that the mass of the people are equal +in intelligence and character to the average state legislator, and are +exposed to fewer temptations. The legislator can be 'got at,' the people +cannot. The personal interest of the individual legislator in passing a +measure for chartering banks or spending the internal improvement fund +may be greater than his interest as one of the community in preventing +bad laws. It will be otherwise with the bulk of the citizens. The +legislator may be subjected by the advocates of women's suffrage or +liquor prohibition to a pressure irresistible by ordinary mortals; but +the citizens are too numerous to be all wheedled or threatened. Hence +they can and do reject proposals which the legislature has assented to. +Nor should it be forgotten that in a country where law depends for its +force on the consent of the governed, it is eminently desirable that law +should not outrun popular sentiment, but have the whole weight of the +people's deliverance behind it." + + +_The Initiative and Referendum in Labor Organizations._ + +The Referendum is well known to the Knights of Labor. For nine years +past expressions of opinion have been asked of the local assemblies by +the general executive board. The recent decision of the order to enter +upon independent political action was made by a vote in response to a +circular issued by the General Master Workman. The latter, at the annual +convention at Toledo, in November, 1891, recommended that the Referendum +form a part of the government machinery throughout the United States. +The Knights being in some respects a secret organization, data as to +referendary votings are not always made public. + +For the past decade or longer several of the national and international +trades-unions of America have had the Initiative and Referendum in +operation. Within the past five years the institution in various forms +has been taken up by other unions, and at present it is in more or less +practice in the following bodies, all associated with the American +Federation of Labor: + + No. of No. of Members, + National or International Union. Local Unions. December, 1891. + + Journeymen Bakers 81 17,500 + Brewery Workmen 61 9,500 + United Broth'h'd of Carpenters and Joiners 740 65,000 + Amalgamated Carpenters and Joiners 40 2,800 + Cigar-Makers 310 27,000 + Carriage and Wagon Makers 11 2,000 + Garment Workers 24 4,000 + Granite Cutters 75 20,000 + Tailors 170 17,000 + Typographical Union 290 28,000 + ------- + Total 192,800 + +Direct legislation has long been familiar to the members of the +International Cigar-Makers' Union. Today, amendments to its +constitution, the acts of its executives, and even the resolutions +passed at delegate conventions, are submitted to a vote by ballot in the +local unions. The nineteenth annual convention, held at Indianapolis, +September, 1891, provisionally adopted 114 amendments to the +constitution and 33 resolutions on various matters. Though some of the +latter were plainly perfunctory in character, all of these 147 +propositions were printed in full in the "Official Journal" for October, +and voted on in the 310 unions throughout America in November. The +Initiative is introduced in this international union through local +unions. When twenty of the latter have passed favorably on a measure, it +must be submitted to the entire body. An idea of the financial +transactions of the Cigar-Makers' International Union may be gathered +from its total expenditures in the past twelve years and a half. In all, +it has disbursed in that time $1,426,208. Strikes took $469,158; sick +benefits, $439,010; death benefits, $109,608; traveling benefits, +$372,455, and out of work benefits, $35,795. The advance of the +Referendum in this great union has been very gradual. It began in 1877 +with voting on constitutional amendments. The most recent, and perhaps +last possible, step was to transfer the election of the general +executive board from the annual convention to the entire body. + +The United Garment Workers of America practice direct legislation under +Article 24 of their constitution, which is printed under the caption, +"Referendum and Initiative." It prescribes two methods of Initiative. +One is that three or more local unions, if of different states, may +instruct the general secretary to call for a referendary vote in the +unions of the national organization. The other is that the general +executive board must so submit all questions of general importance. The +general secretary issues the call within two weeks after the petition +for a vote reaches him, and the vote is taken within six months +afterward. Eighteen propositions passed by the annual convention of this +union at Boston, in November, 1891, were submitted to a vote of the +local unions in December. + +In 1890, the local unions of the International Typographical Union, then +numbering nearly 290, voted on twenty-five propositions submitted from +the annual convention. In 1891, fourteen propositions were submitted. Of +the latter, one authorized the formation of unions of editors and +reporters; another directed the payments to the President to be a salary +of $1,400, actual railroad fares by the shortest possible routes, and $3 +a day for hotel expenses; another rescinded a six months' exemption from +a per capita tax for newly formed unions; another provided for a funeral +benefit of $50 on the death of a member; by another an assessment of ten +cents a month was levied for the home for superannuated and disabled +union printers. All fourteen were adopted, the majorities, however, +varying from 558 to 8,758. + + +_Is Complete Direct Legislation in Government Practicable?_ + +The conservative citizen, contented with the existing state of things, +is wont to brush aside proposed innovations in government. To do so he +avails himself of a familiar stock of objections. But have they not all +their answer in the facts thus far brought forth in these chapters? Will +he entertain no "crazy theories"? Here is offered practice, proven in +varied and innumerable tests to be thoroughly feasible. He is opposed to +foreign institutions? Here is a time-honored American institution. He +holds that men cannot be made better by law? Here are facts to show that +with change of law justice has been promoted. He deems democracy +feebleness? Here has been shown its stalwart strength. He is sure +workingmen are incapable of managing large affairs? Let him look to the +cigar-makers--their capacity for organization, their self-restraint as +an industrial army, the soundness of their financial system, the mastery +of their employers in the eight-hour question. He believes the +intricacies of taxation and estimates of appropriation beyond the +average mind? He may see a New England town meeting in a single day +dispose of scores of items and, with each settled to a nicety, vote away +fifty thousand dollars. He fears state legislation, by reason of its +complexity, would prove a puzzle to the ordinary voter? Why, then, are +the more vexatious subjects so often shifted by the legislators to the +people? + +The conservative objector is, first, apt to object before fully +examining what he dissents from, and, secondly, prone to have in mind +ideal conditions with which to compare the new methods commended to him. +In the matter of legislation, he dreams of a body of high-minded +lawgivers, just, wise, unselfish, and not of legislators as they +commonly are. He forgets that Congress and the legislatures have each a +permanent lobby, buying privileges for corporations, and otherwise +influencing and corrupting members. He forgets the party caucus, at +which the individual member is swamped in the majority; the "strikers," +members employing their powers in blackmail; the Black Horse Cavalry, a +combination of members in state legislatures formed to enrich themselves +by plunder through passing or killing bills. He forgets the scandalous +jobs put through to reward political workers; the long lists of doubtful +or vicious bills reviewed in the press after each session of every +legislative body; the pamphlets issued by reform bodies in which perhaps +three-fourths of a legislature is named as untrustworthy, and the price +of many of the members given. The City Reform Club of New York published +in 1887: "As with the city's representatives of 1886, the chief objects +of most of the New York members were to make money in the 'legislative +business,' to advance their own political fortunes, and to promote the +interests of their factions." And where is the state legislature of +which much the same things cannot be said? + +The conservative objector may not know how the most important bills are +often passed in Congress. He may not know that until toward the close +of a session the business of Congress is political in the party sense +rather than in the governing sense; that on the floor the play is +usually conducted for effect on the public; that in committees, measures +into which politics enter are made up either on compromise or for +partisan purposes; that, finally, in the last days of a session, the +work of legislation is a scramble. The second day before the adjournment +of the last Congress was thus described in a New York daily paper: +"Congress has been working like a gigantic threshing machine all day +long, and at this hour there is every prospect of an all-night session +of both houses. Helter-skelter, pell-mell, the 'unfinished business' has +been poured into the big hopper, and in less time than it takes to tell +it, it has come out at the other end completed legislation, lacking only +the President's signature to fit it for the statute books. Public bills +providing for the necessary expenses of the government, private bills +galore having as their beneficiaries favored individuals, jobbery in the +way of unnecessary public buildings, railroad charters, and bridge +construction--all have been rushed through at lightning speed, and the +end is not yet. A majority of the House members, desperate because their +power and influence terminate with the end of this brief session, and a +partisan Speaker, whose autocratic rule will prevail but thirty-six +short hours longer, have left nothing unattempted whereby party friends +and proteges might be benefited. It is safe to say that aside from a +half dozen measures of real importance and genuine merit the country +would be no worse off should every other bill not yet acted upon fail of +passage. Certain it is that large sums of money would be saved to the +Government." And what observer does not know that scenes not unlike this +are repeated in almost every legislature in its closing hours? + +As between such manner of even national legislation on the one hand, and +on the other the entire citizenship voting (as soon would be the fact +under direct legislation) on but what properly should be law--and on +principles, on policies, and on aggregates in appropriations--would +there be reason for the country to hesitate in choosing? + +Among the plainest signs of the times in America is the popular distrust +of legislators. The citizens are gradually and surely resuming the +lawmaking and money-spending power unwisely delegated in the past to +bodies whose custom it is to abuse the trust. "Government" has come to +mean a body of representatives with interests as often as not opposed to +those of the great mass of electors. Were legislation direct, the circle +of its functions would speedily be narrowed; certainly they would never +pass legitimate bounds at the urgency of a class interested in enlarging +its own powers and in increasing the volume of public outlay. Were +legislation direct, the sphere of every citizen would be enlarged; each +would consequently acquire education in his role, and develop a lively +interest in the public affairs in part under his own management. And +what so-called public business can be right in principle, or expedient +in policy, on which the American voter may not pass in person? To reject +his authority in politics is to compel him to abdicate his sovereignty. +That done, the door is open to pillage of the treasury, to bribery of +the representative, and to endless interference with the liberties of +the individual. + + + + +THE WAY OPEN TO PEACEFUL REVOLUTION. + + +What I set out in the first chapter to do seems to me done. I essayed to +show how the political "machine," its "ring," "boss," and "heeler," +might be abolished, and how, consequently, the American plutocracy might +be destroyed, and government simplified and contracted to the field of +its natural operations. These ends achieved, a social revolution would +be accomplished--a revolution without loss of a single life or +destruction of a dollar's worth of property. + +Whoever has read the foregoing chapters has seen these facts +established: + +(1) That much in proportion as the whole body of citizens take upon +themselves the direction of public affairs, the possibilities for +political and social parasitism disappear. The "machine" becomes without +effective uses, the trade of the politician is rendered undesirable, and +the privileges of the monopolist are withdrawn. + +(2) That through the fundamental principles of democracy in +practice--the Initiative and the Referendum--great bodies of people, +with the agency of central committees, may formulate all necessary law +and direct its execution. + +(3) That the difference between a representative government and a +democracy is radical. The difference lies in the location of the +sovereignty of society. The citizens who assign the lawmaking power to +officials surrender in a body their collective sovereignty. That +sovereignty is then habitually employed by the lawgivers to their own +advantage and to that of a twin governing class, the rich, and to the +detriment of the citizenship in general and especially the poor. But +when the sovereignty rests permanently with the citizenship, there +evolves a government differing essentially from representative +government. It is that of mere stewardship and the regulation +indispensable to society. + + +_The Social Forces Ready for Our Methods._ + +Now that our theory of social reform is fully substantiated by fact, our +methods shown to be in harmony with popular sentiment, our idea of +democratic government clearly defined, and our final aim political +justice, there remains some consideration of early possible practical +steps in line with these principles and of the probable trend of events +afterward. + +Having practical work in view, we may first take some account of the +principal social forces which may be rallied in support of our +methods:-- + +To begin with: Sincere men who have abandoned hope of legislative reform +may be called to renewed effort. Many such men have come to regard +politics as inseparable from corruption. They have witnessed the +tediousness and unprofitableness of seeking relief through legislators, +and time and again have they seen the very officials elected to bring +about reforms go over to the powers that exploit the masses. They have +seen in the course of time the tricks of partisan legislators almost +invariably win as against the wishes of the masses. They know that in +politics there is little study of the public needs, but merely a +practice of the ignoble arts of the professional politician. Here, +however, the proposed social reorganization depends, not on +representatives, but on the citizens themselves; and the means by which +the citizens may fully carry out their purposes have been developed. A +fact, too, of prime importance: Where heretofore in many localities the +people have temporarily overthrown politician and plutocrat, only to be +themselves defeated in the end, every point gained by the masses in +direct legislation may be held permanently. + +Further: Repeatedly, of late years, new parties have risen to demand +justice in government and improvement in the economic situation. One +such movement defeated but makes way for another. Proof, this, that the +spirit of true reform is virile and the heart of the nation pure. The +progress made, in numbers and organization, before the seeds of decay +were sown in the United Labor party, the Union Labor party, the +Greenback-Labor party, the People's party of 1884, and various +third-party movements, testify to the readiness of earnest thousands to +respond, even on the slightest promise of victory, to the call for +radical reform. That in such movements the masses are incorruptible is +shown in the fact that in every instance one of the chief causes of +failure has been doubt in the integrity of leaders given to machine +methods. But in direct legislation, machine leaders profit nothing for +themselves, hold no reins of party, can sell no votes, and can command +no rewards for workers. + +Again: The vast organizations of the Knights of Labor and the +trades-unions in the American Federation of Labor are evidence of the +willingness and ability of wage-earners to cope practically with +national problems. And at this point is to be observed a fact of capital +significance to advocates of pure democracy. Whereas, in independent +political movements, sooner or later a footing has been obtained by a +machine, resulting in disintegration, in the trades organization, while +political methods may occasionally corrupt leaders, the politician labor +leader uniformly finds his fellow workmen turning their backs on him. +The organized workers not only distrust the politician but detest +political chicanery. Such would equally be the case did the wage-workers +carry into the political field the direct power they exert in their +unions. And in politics this never-failing, incorruptible power of the +whole mass of organized wage-workers may be exerted by direct +legislation. Therewith may be had politics without politicians. As +direct legislation advances, the machine must retire. + +Here, then, with immediate results in prospect from political action, +lies encouragement of the highest degree--alike to the organized +workers, to the men grown hopeless of political reform, and to the men +in active rebellion against the two great machine ridden parties. + +Encouragement founded on reason is an inestimable practical result. +Here, not only may rational hope for true reform be inspired; a lively +certainty, based on ascertained fact, may be felt. All men of experience +who have read these pages will have seen confirmed something of their +own observations in direct legislation, and will have accepted as +plainly logical sequences the developments of the institution in +Switzerland. The New Englander will have learned how the purifying +principles of his town meeting have been made capable of extension. The +member of a labor organization will have observed how the simple +democracy of his union or assembly may be transferred to the State. The +"local optionist" will have recognized, working in broader and more +varied fields, a well tried and satisfactory instrument. The college man +will have recalled the fact that wherever has gone the Greek letter +fraternity, there, in each society as a whole, and in each chapter with +respect to every special act, have gone the Initiative and the +Referendum. And every member of any body of equal associates must +perceive that the first, natural circumstance to the continued existence +of that body in its integrity must be that each individual may propose a +measure and that the majority may accept or reject it; and this is the +simple principle of direct legislation. Moreover, any mature man, east +or west, in any locality, may recall how within his experience a +community's vote has satisfactorily put vexatious questions at rest. +With the recognition of every such fact, hope will rise and faith in the +proposed methods be made more firm. + + +_Abolition of the Lawmaking Monopoly._ + +To radical reformers further encouragement must come with continued +reflection on the importance to them of direct legislation. In general, +such reformers have failed to recognize that, before any project of +social reconstruction can be followed out to the end, there stands a +question antecedent to every other. It is the abolition of the lawmaking +monopoly. Until that monopoly is ended, no law favorable to the masses +can be secure. Direct legislation would destroy this parent of +monopolies. It gone, then would follow the chiefer evils of governmental +mechanism--class rule, ring rule, extravagance, jobbery, nepotism, the +spoils system, every jot of the professional trading politician's +influence. To effect these ends, all schools of political reformers +might unite. For immediate purposes, help might come even from that host +of conservatives who believe all will be well if officials are honest. +Direct majority rule attained, inviting opportunities for radical work +would soon lie open. How, may readily be seen. + +The New England town collects its own taxes; it manages its local +schools, roads, bridges, police, public lighting and water supply. In +similar affairs the Swiss commune is autonomous. On the Pacific coast a +tendency is to accord to places of 10,000 or 20,000 inhabitants their +own charters. Throughout the country, in many instances, towns and +counties settle for themselves questions of prohibition, license, and +assessments; questions of help to corporations and of local public +improvement. Thus in measure as the Referendum comes into play does the +circumscription practicing it become a complete community. In other +words, with direct legislation rises local self-government. + + +_The Principles of Local Self-Government._ + +From even the conservative point of view, local self-government has many +advantages. In this country, the glaring evils of the State, especially +those forming obstacles to political improvement and social progress, +come down from sources above the people. Under the existing +centralization whole communities may protest against governmental +abuses, be practically a unit in opposition to them, and yet be +hopelessly subject to them. Such centralization is despotism. It forms +as well the opportunity for the demagogue of to-day--for him who as +suppliant for votes is a wheedler and as politician and lawgiver a +trickster. Centralization confuses the voter, baffles the honest +newspaper, foments partisanship, and cheats the masses of their will. On +the other hand, to the extent that local independence is acquired, a +democratic community minimizes every such evil. In naturally guarding +itself against external interference, it seeks in its connection with +other communities the least common political bonds. It is watchful of +the home rule principle. Under its local self-government, government +plainly becomes no more than the management of what are wholly public +interests. The justice of lopping off from government all matters not +the common affairs of the citizens then becomes apparent. The character +of every man in the community being known, public duties are intrusted +with men who truly represent the citizens. The mere demagogue is soon +well known. Bribery becomes treachery to one's neighbor. The folly of +partisanship is seen. Public issues, usually relating to but local +matters, are for the most part plain questions. The press, no longer +absorbed in vague, far-off politics, aids, not the politicians, but the +citizens. Reasons, every one of these, for even the conservative to aid +in establishing local self-government. + +But the radical, looking further than the conservative, will see far +greater opportunities. In local self-government with direct legislation, +every possibility for his success that hope can suggest may be +perceived. If not in one locality, then in another, whatever political +projects are attainable within such limits by his school of philosophy +may be converted by him and his co-workers from theory to fact. Thence +on, if his philosophy is practicable, the field should naturally widen. + +The political philosophy I would urge on my fellow-citizens is summed up +in the neglected fundamental principle of this republic: Freedom and +equal rights. The true point of view from which to see the need of the +application of this principle is from the position of the unemployed, +propertyless wage-worker. How local self-government and direct +legislation might promptly invest this slave of society with his primary +rights, and pave the way for further rights, may, step by step, be +traced. + + +_The Relation of Wages to Political Conditions._ + +The wages scale pivots on the strike. The employer's order for a +reduction is his strike; to be effective, a reserve of the unemployed +must be at his command. The wage-worker's demand for an increase is his +strike; to be effective it must be backed up by the indispensableness of +his services to the employer. Accordingly as the worker forces up the +scale of wages, he is the more free, independent, and gainer of his +product. To show the most direct way to the conditions in which workers +may command steady work and raise their wages, this book is written. For +the wages question equitably settled, the foundation for every remaining +social reform is laid. + +To-day, in the United States, in scores, nay, hundreds, of industrial +communities the wage-working class is in the majority. The wage-workers +commonly believe, what is true, that they are the victims of injustice. +As yet, however, no project for restoring their rights has been +successful. All the radical means suggested have been beyond their +reach. But in so far as a single community may exercise equal rights +and self-government, through these means it may approximate to just +social arrangements. + +Any American city of 50,000 inhabitants may be taken as illustrative of +all American industrial communities. In such a city, the economical and +political conditions are typical. The immediate commercial interests of +the buyers of labor, the employers, are opposed to those of the sellers +of labor, the employed. To control the price of labor, each of these +parties in the labor market resorts to whatever measures it finds within +command. The employers in many branches of industry actually, and +employers in general tacitly, combine against the labor organizations. +On the wage-workers' side, these organizations are the sole means, +except a few well-nigh futile laws, yet developed to raise wages and +shorten the work day. In case of a strike, the employers, to assist the +police in intimidating the strikers, may engage a force of armed +so-called detectives. Simply, perhaps, for inviting non-unionists to +cease work, the strikers are subject to imprisonment. Trial for +conspiracy may follow arrest, the judges allied by class interests with +the employers. The newspapers, careful not to offend advertisers, and +looking to the well-to-do for the mass of their readers, may be inclined +to exert an influence against the strikers. The solidarity of the +wage-workers incomplete, even many of these may regard the fate of the +strikers with indifference. In such situation, a strike of the +wage-workers may be made to appear to all except those closely +concerned as an assault on the bulwarks of society. + +But what are the bulwarks of society directly arrayed against striking +wage-workers? They are a ring of employers, a ring of officials +enforcing class law made by compliant representatives at the bidding of +shrewd employers, and a ring of public sentiment makers--largely +professional men whose hopes lie with wealthy patrons. Behind these +outer barriers, and seldom affected by even widespread strikes, lies the +citadel in which dwell the monopolists. + +Such, in outline, are the intermingled political and economic conditions +common to all American industrial centres. But above every other fact, +one salient fact appears: On the wage-workers falls the burthen of class +law. On what, then, depends the wiping out of such law? Certainly on +nothing else so much as on the force of the wage-workers themselves. To +deprive their opponents of unjust legal advantages, and to invest +themselves with just rights of which they have been deprived, is a task, +outside their labor organizations, to be accomplished mainly by the +wage-workers. It is their task as citizens--their political task. With +direct legislation and local self-government, it is, in considerable +degree, a feasible, even an easy, task. The labor organizations might +supply the framework for a political party, as was done in New York city +in 1886. Then, as was the case in that campaign, when the labor party +polled 68,000 votes, even non-unionists might throw in the reinforcement +of their otherwise hurtful strength. Success once in sight, the +organized wage-workers would surely find citizens of other classes +helping to swell their vote. And in the straightforward politics of +direct legislation, the labor leaders who command the respect of their +fellows might, without danger to their character and influence, go +boldly to the front. + + +_The Wage-Workers as a Political Majority._ + +Suppose that as far as possible our industrial city of 50,000 +inhabitants should exercise self-government with direct legislation. +Various classes seeking to reform common abuses, certain general reforms +would immediately ensue. If the city should do what the Swiss have done, +it would speedily rid its administration of unnecessary office-holders, +reduce the salaries of its higher officials, and rescind outstanding +franchise privileges. If the municipality should have power to determine +its own methods of taxation, as is now in some respects the case in +Massachusetts towns, and toward which end a movement has begun in New +York, it would probably imitate the Swiss in progressively taxing the +higher-priced real estate, inheritances, and incomes. If the +wage-workers, a majority in a direct vote, should demand in all public +work the short hour day, they would get it, perhaps, as in the Rockland +town meeting, without question. Further, the wage-workers might vote +anti-Pinkerton ordinances, compel during strikes the neutrality of the +police, and place judges from their own ranks in at least the local +courts. These tasks partly under way, a change in prevailing social +ideas would pass over the community. The press, echo, not of the widest +spread sentiments, but of controlling public opinion, would open its +columns to the wage-working class come to power. And, as is ever so when +the wage-workers are aggressive and probably may be dominant, the social +question would burn. + + +_The Entire Span of Equal Rights._ + +The social question uppermost, the wage-workers--now in political +ascendency, and bent on getting the full product of their labor--would +seek further to improve their vantage ground. Sooner or later they would +inevitably make issue of the most urgent, the most persistent, economic +evil, local as well as general, the inequality of rights in the land. +They would affirm that, were the land of the community in use suitable +to the general needs, the unemployed would find work and the total of +production be largely increased. They would point to the vacant lots in +and about the city, held on speculation, commonly in American cities +covering a greater area than the land improved, and denounce so unjust a +system of land tenure. They could demonstrate that the price of the land +represented for the most part but the power of the owners to wring from +the producers of the city, merely for space on which to live and work, a +considerable portion of their product. They could with reason declare +that the withholding from use of the vacant land of the locality was +the main cause of local poverty. And they would demand that legal +advantages in the local vacant lands should forthwith cease. + +In bringing to an end the local land monopoly, however, justice could be +done the landholders. Unquestionably the fairest measure to them, and at +the same time the most direct method of giving to city producers, if not +free access to land, the next practicable thing to it, would be for the +municipality to convert a part of the local vacant land into public +property, and to open it in suitable plots to such citizens as should +become occupiers. Sufficient land for this purpose might be acquired +through eminent domain. The purchase money could be forthcoming from +several sources--from progressive taxation in the direct forms already +mentioned, from the city's income from franchises, and from the savings +over the wastes of administration under present methods. + +From the standpoint of equal rights there need be no difficulty in +meeting the arguments certain to be brought against this proposed +course--such sophistical arguments as that it is not the business of a +government to take property from some citizens to give to others. If the +unemployed, propertyless wage-worker has a right to live, he has the +right to sustain life. To sustain life independently of other men's +permission, access to natural resources is essential. This primary right +being denied the wage-workers as a class, any or all of whom, if +unemployed, might soon be propertyless, they might in justice proceed to +enforce it. To enforce it by means involving so little friction as +those here proposed ought to win, not opposition, but approval. + +Equal rights once conceded as just, this reasoning cannot be refuted. +Discussed in economic literature since before the day of Adam Smith, it +has withstood every form of assault. If it has not been acted on in the +Old World, it is because the wage-workers there, ignorant and in general +deprived of the right to vote, have been helpless; and if not in the +New, because, first, until within recent years the free western lands, +attracting the unemployed and helping to maintain wages, in a measure +gave labor access to nature, and, secondly, since the practical +exhaustion of the free public domain the industrial wage-workers have +not perceived how, through politics, to carry out their convictions on +the land question. + +Our reasoning is further strengthened by law and custom in state and +nation. In nearly every state, the constitution declares that the +original and ultimate ownership of the land lies with all its people; +and hence the method of administering the land is at all times an open +public question. As to the nation at large, its settled policy and +long-continued custom support the principle that all citizens have +inalienable rights in the land. Instead of selling the national domain +in quantities to suit purchasers, the government has held it open free +to agricultural laborers, literally millions of men being thus given +access to the soil. Moreover, in thirty-seven of the forty-four states, +execution for debt cannot entirely deprive a man of his homestead, the +value exempt in many of the states being thousands of dollars. Thus the +general welfare has dictated the building up and the securing of a home +for every laboring citizen. + +In line, then, with established American principles is the proposition +for municipal lands. And if municipalities have extended to capitalists +privileges of many kinds, even granting them gratis sites for +manufactories, and for terms of years exempting such real estate from +taxation, why not accord to the wage-workers at least their primary +natural rights? If any property be exempted from taxation, why not the +homesite below a certain fixed value? And if, for the public benefit, +municipalities provide parks, museums, and libraries, why not give each +producer a homesite--a footing on the earth? He who has not this is +deprived of the first right to do that by which he must live, namely, +labor. + + +_Effects of Municipal Land._ + +A city public domain, open to citizen occupiers under just stipulations, +would in several directions have far-reaching results. + +Should this domain be occupied by, say, one thousand families of a +population of 50,000, an immediate result, affecting the whole city, +would be a fall in rents. In fact, the mere existence of the public +domain, with a probability that his tenants would remove to it, might +cause a landlord to reduce his rents. Besides, the value of all land, +in the city and about it, held on speculation, would fall. Save in +instances of particular advantage, the price of unimproved residence +lots would gravitate toward the cost, all things considered, of +residence lots in the public domain. This, for these reasons: The corner +in land would be broken. Home builders would pay a private owner no more +for a lot than the cost of a similar one in the public area. As houses +went up on the public domain, the chances of landholders to sell to +builders would be diminished. Sellers of land, besides competing with +the public land, would then compete with increased activity with one +another. Finally, just taxation of their land, valueless as a +speculation, would oblige landowners to sell it or to put it to good +use. + +Even should the growth of the city be rapid, the value of land in +private hands could in general advance but little, if at all. With the +actual demands of an increased population, the public domain might from +time to time be enlarged; but not, it may reasonably be assumed, at a +rate that would give rise to an upward tendency of prices in the face of +the above-mentioned factors contributing to a downward tendency. + +At this point it may be well to remember that, conditions of land +purchase by the city being subject to the Referendum, the buying could +hardly be accompanied by corrupt bargaining. + +When the effect of the public land in depressing land values, in other +words in enabling producers to retain the more of their product, was +seen, private as well as public agencies might aid in enlarging the +scope of that effect. The philanthropic might transfer land to the +municipality, preferring to help restore just social conditions rather +than to aid in charities that leave the world with more poor than ever; +the city might provide for a gradual conversion, in the course of time, +of all the land within its limits to public control, first selecting, +with the end in view, tracts of little market value, which, open to +occupiers, would assist in keeping down the value of lands held +privately. + +But the more striking results of city public land would lie in another +direction. The spontaneous efforts of each individual to increase and to +secure the product of his labor would turn the current of production +away from the monopolists and toward the producers. With a lot in the +public domain, a wage-worker might soon live in his own cottage. As the +settler often did in the West, to acquire a home he might first build +two or four rooms as the rear, and, living in it, with later savings put +up the front. A house and a vegetable garden, with the increased +consequent thrift rarely in such situation lacking, would add a large +fraction to his year's earnings. Pasture for a cow in suburban city land +would add yet more. Then would this wage-earner, now his own landlord +and in part a direct producer from the soil, withdraw his children from +the labor market, where they compete for work perhaps with himself, and +send them on to school. + +What would now happen should the wage-workers of the city demand higher +wages? It is hardly to be supposed that any industrial centre could +reach the stage of radical reform contemplated at this point much in +advance of others. When the labor organizations throughout the country +take hold of direct legislation, and taste of its successes, they will +nowhere halt. They will no more hesitate than does a conquering army. +Learning what has been done in Switzerland, they will go the lengths of +the Swiss radicals and, with more elbow room, further. Hence, when in +one industrial centre the governing workers should seek better terms, +similar demands from fellow laborers, as able to enforce them, would be +heard elsewhere. + +The employer of our typical city, even now often unable to find outside +the unions the unemployed labor he must have, would then, should he +attempt it, to a certainty fail. The thrifty wage-working householder, +today a tenant fearful of loss of work, could then strike and stay out. +The situation would resemble that in the West twenty years ago, when +open land made the laborer his own master and wages double what they are +now. Wages, then, would perforce be moved upward, and hours be +shortened, and a long step be made toward that state of things in which +two employers offer work to one employe. And, legal and social forces no +longer irresistibly opposed to the wage-workers, thenceforth wages would +advance. At every stage they would tend to the maximum possible under +the improved conditions. In the end, under fully equal conditions, +everywhere, for all classes, the producer would gather to himself the +full product of his labor. + +The average business man, too, of the city of our illustration, himself +a producer--that is, a help to the consumer--would under the better +conditions reap new opportunities. Far less than now would he fear +failure through bad debts and hard times; through the wage-workers' +larger earnings, he would obtain a larger volume of trade; he would +otherwise naturally share in the generally increased production; and he +would participate in the common benefits from the better local +government. + +But the disappearance of the local monopolist would be predestined. The +owner of local franchises would already have gone. The local land +monopolist would have seen his land values diminished. In every such +case, the monopolist's loss would be the producer's gain. The aggregate +annual earnings of all the city's producers (the wage-workers, the +land-workers, and the men in productive business) would rise toward +their natural just aggregate--all production. As between the various +classes within the city, a condition approximating to justice in +political and economic arrangements would now prevail. + +What would thus be likely to happen in our typical city of 50,000 +inhabitants would also, in greater or less degree, be possible in all +industrial towns and cities. In every such place, self-government and +direct legislation could solve the more pressing immediate phases of the +labor question and create the local conditions favorable to remodeling, +and as far as possible abolishing, the superstructure of government. + + +_Wider Applications of These Principles and Methods._ + +The political and economic arrangements extending beyond the control of +the municipalities would now, if they had not done so before, challenge +attention. In taking up with reform in this wider field, the industrial +wage-workers would come in contact with those farmers who are demanding +radical reforms in state and nation. As the sure instrument for the +citizenship of a state, direct legislation could again with confidence +be employed. No serious opposition, in fact or reason, could be brought +against it. That the mass of voters might prove too unwieldy for the +method would be an assertion to be instantly refuted by Swiss +statistics. In Zurich, the most radically democratic canton of +Switzerland, the people number 339,000; the voters, 80,000. In Berne, +which has the obligatory Referendum, the population is 539,000. And it +must not be overlooked that the entire Swiss Confederation, with 600,000 +voters, now has both Initiative and Referendum. Hence, in any state of +the Union, direct legislation on general affairs may be regarded as +immediately practicable, while in many of the smaller states the +obligatory Referendum may be applied to particulars. And even in the +most populous states, when special legislation should be cast aside, and +local legislation left to the localities affected, complete direct +legislation need be no more unmanageable than in the smallest. + +United farmers, wage-workers, and other classes of citizens, in the +light of these facts, might naturally demand direct legislation. +Foreseeing that in time such union will be inevitable, what more natural +for the producing classes in revolt than to unite today in voting, if +not for other propositions, at least for direct legislation and home +rule? These forces combined in any state, it seems improbable that +certain political and economic measures now supported by farmer and +wage-worker alike could long fail to become law. Already, under the +principle that "rights should be equal to all and special privileges be +had by none," farmers' and wage-workers' parties are making the +following demands: That taxation be not used to build up one interest or +class at the expense of another; that the public revenues be no more +than necessary for government expenditures; that the agencies of +transportation and communication be operated at the lowest cost of +service; that no privileges in banking be permitted; that woman have the +vote wherever justice gives it to man; that no force of police, +marshals, or militiamen not commissioned by their home authorities be +permitted anywhere to be employed; that monopoly in every form be +abolished and the personal rights of every individual respected. These +demands are all in agreement with the spirit of freedom. Along the lines +they mark out, the future successes of the radical social reformers will +most probably come. But if, in response to a call nowadays frequently +heard, the many incipient parties should decide to unite on one or a few +things, is it not clear that in natural order the first reforms needed +are direct legislation and local self-government? + +To a party logically following the principle of equal rights, the +progress in Switzerland under direct legislation would form an +invaluable guide. The Swiss methods of controlling the railroads and +banks of issue, and of operating the telegraph and telephone services, +deserve study and, to the extent that our institutions admit, imitation. +The organization of the Swiss State and its subdivisions is simple and +natural. The success of their executive councils may in this country +assist in raising up the power of the people as against one man power. +The fact that the cantons have no senates and that a second chamber is +an obstacle to direct legislation may here hasten the abolition of these +nurseries of aristocracy. + +With the advance of progress under direct legislation, attention would +doubtless be attracted in the United States, as it has been in +Switzerland, to the nicer shades of justice to minorities and to the +broader fields of internal improvement. As in the cantons of Ticino and +Neuchatel, our legislative bodies might be opened to minority +representatives. As in the Swiss Confederation, the great forests might +be declared forever the inheritance of the nation. What public lands yet +remain in each state might be withheld from private ownership except on +occupancy and use, and the area might be so increased as to enable +every producer desiring it to exercise the natural right of free access +to the soil. Then the right to labor, now being demanded through the +Initiative by the Swiss workingmen's party, might here be made an +admitted fact. And as is now also being done in Switzerland, the public +control might be extended to water powers and similar resources of +nature. + +Thus in state and nation might practicable radical reforms make their +way. From the beginning, as has been seen, benefits would be widespread. +It might not be long before the most crying social evils were at an end. +Progressive taxation and abolition of monopoly privileges would cause +the great private fortunes of the country to melt away, to add to the +producers' earnings. On a part of the soil being made free of access, +the land-hungry would withdraw from the cities, relieving the +overstocked labor markets. Poverty of the able-bodied willing to work +might soon be even more rare than in this country half a century ago, +since methods of production at that time were comparatively primitive +and the free land only in the West. If Switzerland, small in area, +naturally a poor country, and with a dense population, has gone far +toward banishing pauperism and plutocracy, what wealth for all might not +be reckoned in America, so fertile, so broad, so sparsely populated! + +And thus the stages are before us in the course of which the coming just +society may gradually be established--that society in which the +individual shall attain his highest liberty and development, and +consequently his greatest happiness. As lovers of freedom even now +foresee, in that perfect society each man will be master of himself; +each will act on his own initiative and control the full product of his +toil. In that society, the producer's product will not, as now, be +diminished by interest, unearned profits, or monopoly rent of natural +resources. Interest will tend to disappear because the products of labor +in the hands of every producer will be abundant--so abundant that, +instead of a borrower paying interest for a loan, a lender may at times +pay, as for an accommodation, for having his products preserved. +Unearned profits will tend to disappear because, no monopolies being in +private hands, and free industry promoting voluntary cooeperation, few +opportunities will exist for such profits. Monopoly rent will disappear +because, the natural right to labor on the resources of nature made a +legal right, no man will be able to exact from another a toll for leave +to labor. Whatever rent may arise from differences in the qualities of +natural resources will be made a community fund, perhaps to be +substituted for taxes or to be divided among the producers. + +The natural political bond in such a society is plain. Wherein he +interferes with no other man, every individual possessing faculty will +be regarded as his own supreme sovereign. Free, because land is free, +when he joins a community he will enter into social relations with its +citizens by contract. He will legislate (form contracts) with the rest +of his immediate community in person. Every community, in all that +relates peculiarly to itself, will be self-governing. Where one +community shall have natural political bonds with another, or in any +respect form with several others a greater community, the +circumscription affected will legislate through central committees and a +direct vote of the citizenship. Executives and other officials will be +but stewards. In a society so constituted, communities that reject the +elements of political success will languish; free men will leave them. +The communities that accept the elements of success, becoming examples +through their prosperity, will be imitated; and thus the momentum of +progress will be increased. Communities free, state boundaries as now +known will be wiped out; and in the true light of rights in voting--the +rights of associates in a contract to express their choice--few +questions will affect wide territories. Rarely will any question be, in +the sense the word is now used, national; the ballot-box may never unite +the citizens of the Atlantic coast with those of the Pacific. Yet, in +this decomposition of the State into its natural units--in this +resolving of society into its constituent elements--may be laid the sole +true, natural, lasting basis of the universal republic, the primary +principle of which can be no other thing than freedom. + + + + +INDEX. + + +=A= + +Aargau, 12, 13 + +Abolition of the lawmaking monopoly, 100 + +"A Concept of Political Justice", i + +Adams, Sir Francis Ottiwell ("The Swiss Confederation"), iii + +Alcohol, State monopoly, Switzerland, 59 + +Appenzell, 8, 13, 65 + +Area of Switzerland, 14, 48 + +"Arena", 27 + +Army, a democratic, 41, 42 + +Assembly, Federal, Switzerland, 22, 35 + + +=B= + +Bale, 12, 13, 61 + +Banking, Switzerland, 54 + +Berne, 10, 12, 13, 61, 115 + +Bryce, James, "American Commonwealth", 85 + +Buerkli, Carl, 16 + + +=C= + +Canton, organization of the, 34 + +Cantons (states), names of the twenty-two, 13 + +Cigar-Makers' Union, 87, 88 + +Climate, Switzerland, 48 + +Communal lands, 63, 70 + +Communal meeting, the, 7, 32, 33 + subjects covered at, 8 + organization, 32 + +Communes (townships) 2,706 in number, 7 + +Congress (Federal Assembly), Switzerland, 22, 35 + +Congress, United States, at work, 92 + +Considerant, Victor, 16 + +Constitutions, revision of Swiss, 23 + spirit of Swiss, 31 + + +=D= + +Dates--First Swiss Constitution, 14 + Federal Referendum began, 14 + Federal Initiative adopted, 14 + cantonal Referendum began, 14 + progress of cantonal Referendum, 15 + French theorists' discussion of Referendum, 14 + cantonal Referendum established in Zurich, 16 + New England town meeting, 80 + +Debts, public, Switzerland, 57 + +Democracy vs. representative government, 5 + +Dicey, A.V., 28 + +Diet, 10, 37 + +Droz, Numa, 19 + + +=E= + +Elections, semi-annual, 20 + +Environment of the Swiss citizen, 31 + +Equal rights, 107 + +Executive councils, Swiss, 36, 37, 40 + + +=F= + +Facts established by this book, 95 + +Fiske, John, on town meeting, 80 + +Freedom in Switzerland, 57 + +Freiburg, 12 + + +=G= + +Garment Workers, United, 88 + +Geneva, 12, 13, 61 + +Glarus, 12, 13, 65, 66, 67 + +Grand Council, 18, 20, 34 + +Grisons, 12, 13, 61 + + +=H= + +Highways, Switzerland, 50 + + +=I= + +Illiteracy in Switzerland, 27 + +Immigration into Switzerland, 70 + +Initiative and Referendum in labor organizations, 87 + +Initiative, cantonal, 11 + Federal, 22 + not a simple petition, 22 + what it is, 10 + +Instruction in Switzerland, 27 + + +=J= + +Jamin, P, 17 + +Jesuits expelled from Switzerland, 58 + +Judiciary, Swiss, 40 + +Jurors, Swiss, elected, 40 + + +=L= + +Land and climate, Switzerland, 47 + +Land, tenure and distribution of, Switzerland, 63, 70 + Public, 64, 65 + +Landsgemeinde, 8, 63 + +Languages in Switzerland, 13 + +Legislation by representatives, 92 + +Legislators, pay of Swiss, 35 + +Legislatures in Switzerland, 34 + +Local self-government, 101 + +Lucerne, 12, 13 + + +=M= + +Machines kill third parties, 98 + +McCrackan, W.D., 27 + +Military system, Swiss, 42, 43 + +Moses, Prof. Bernard ("The Federal Government of Switzerland"), iii + +Municipal land, 110 + + +=N= + +Nelson, Henry Loomis, on the town meeting, 79 + +Neuchatel, 12, 13, 61 + +New England town meeting, 72 + + +=O= + +Oberholtzer, Ellis P., on Referendum in the United States, 82 + +Objections to the optional Referendum, 18 + +Obligatory and optional Referendum, 13, 17 + +Obligatory Referendum in Zurich, 20 + +One-man power unknown in Switzerland, 34 + + +=P= + +Parliamentary government abolished, 30 + +Political status in Switzerland, 25 + +Population, Switzerland, cantons, cities, 13, 14 + +Post-office, Switzerland, 49 + +Poverty in Switzerland, 68 + +President of the Confederation, 38 + +Press, the Swiss, 26 + +Principles of a free society, 25 + +Proportional representation, 117 + + +=R= + +Railroads, Switzerland, 49 + +Referendum, Federal, Switzerland, 21, 22 + in labor organizations, 87 + instrument of the minority, 22 + in the United States, 72 + in various states, cities, etc., 82 + not the plebiscite, 29 + obligatory, 13, 17, 20 + optional, 13, 17, 18 + what it is, 10 + +Rittinghausen, 16 + +Rockland, Mass., town meeting, 73 + +Rotation in office a partisan idea, 39, 83 + + +=S= + +Salaries of Swiss officials, 35, 36, 38 + +Salvation Army, Switzerland, 58 + +Schaffhausen, 12, 13 + +Schwyz, 8, 12, 13, 65 + +Senates, no cantonal, 34 + +Soleure, 12, 13 + +Stage routes, Switzerland, 52 + +State religions, Switzerland, 33 + +St. Gall, 12, 13, 65, 66 + +Statistics as to Switzerland, 13, 14 + +Summary of results of direct legislation in Switzerland, 70 + +Sunday, votings and communal meetings on, 8 + +Switzerland long undemocratic, 60 + + +=T= + +Table--Population, languages, form of passing laws, year of entering +Switzerland, 13 + +Tariff, protective, Switzerland, 58 + +Taxes, Switzerland, 52 + +Telegraph and telephone, Switzerland, 50 + +Thurgau, 12, 13 + +Ticino, 12, 13, 59, 66, 67 + +Typographical Union, 89 + + +=U= + +Unterwald, 12, 13, 65, 66 + +Urgence, 17 + +Uri, 12, 13, 65 + + +=V= + +Valais, 12, 13, 61, 66 + +Vaud, 12, 13, 66 + +Vincent, Prof. John Martin ("State and Federal Government of +Switzerland"), iii + references to, 8, 32, 34, 61 + +Vote-buying, 20 + + +=W= + +Wage-workers in the majority, 106 + +Wages and political conditions, 103 + +"Westminster Review", 28, 45 + +Winchester, Boyd ("The Swiss Republic"), iv + reference to, 63 + +Wuarin, Louis, 30 + + +=Z= + +Zurich, 13, 16, 20, 21, 61, 65, 115 + +Zug, 12, 13 + + + + +=Liberty= + +NOT THE DAUGHTER BUT THE MOTHER OF ORDER + +PROUDHON + +PUBLISHED WEEKLY. + +PIONEER ORGAN OF ANARCHISM IN AMERICA. + +BENJ. R. TUCKER, EDITOR. + +=Two Dollars a Year. Single Copies, Four Cents.= + + * * * * * + +A thoughtful, resolute, unique, uncompromising, unterrified, consistent, +severely critical, able, fair, and honest exponent of the doctrine that +Equal Liberty is the necessary basis of Social Harmony. + +A journal edited to suit its editor, not its readers. If it suits its +readers, so much the better. + + +=UNPARALLELED PREMIUMS.= + +Every person sending $2 for a year's subscription to Liberty enjoys the +privilege, while the subscription continues, of _buying all books, +periodicals, and stationery at wholesale prices_. In April, 1893, + +=One Subscriber Alone Saved $30.37= + +by this privilege; very many subscribers save over $10 a year by it; +nearly every subscriber saves more than the cost of subscription. This +is the _most valuable premium ever offered by a newspaper_. + +Every _new_ subscriber agreeing to send $2, and _mentioning this +advertisement_, will receive LIBERTY for a year, together with the +above-named privilege, and an outright gift of the following books: MY +UNCLE BENJAMIN, by Tillier, paper, 312 pages, retailing at 50 cents; THE +RAG-PICKER OF PARIS, by Pyat, illustrated, paper, 325 pages, retailing +at 50 cents; CHURCH AND STATE, by Tolstoi, paper, 169 pages, retailing +at 25 cents; THE FRUITS OF CULTURE, by Tolstoi, paper, 185 pages, +retailing at 25 cents; A TALE OF TWO CITIES (Dickens's greatest novel) +and SKETCHES BY BOZ, paper, retailing at 25 cents. These are not cheap +books. The type is large and the paper good. + +The subscriber, if he prefers, may select, instead of the six volumes +just mentioned, the following: SHAKSPERE'S COMPLETE WORKS, one volume, +royal octavo, bound in extra cloth and stamped in gold, and EMERSON'S +ESSAYS, first and second series, two volumes, 12 mo, cloth, in a box. + +Every _new_ subscriber agreeing to send $4, and _mentioning this +advertisement_, will receive LIBERTY for a year, the wholesale-price +privilege, and a set of + +=THE COMPLETE WORKS OF CHARLES DICKENS,= + +in Fifteen Volumes of 400 to 500 pages each, _bound in cloth_, stamped +in gold and black, large type, good paper, 237 illustrations. + + * * * * * + +The books in each case will be sent by express, the subscriber to pay +expressage. No advance remittance required, for, if desired, the goods +will be sent C.O.D. But the subscriber is advised to remit in advance, +as he will thus have to pay the express company _only_ for carriage, and +not its charge for collecting the bill. + + * * * * * + +=Send Subscriptions and Letters to= + +=BENJ. R. TUCKER, 120 Liberty St. (top floor), NEW YORK CITY= + + + + +=Safe Politics for Labor.= + + "American Federation of Labor,} + "New York, May 17, 1892. } + +"_Mr. J.W. Sullivan_: + +"DEAR SIR:--I have had the extreme pleasure of reading your +book, 'Direct Legislation,' and beg to assure you that it made a deep +impression upon my mind. The principles of the Initiative and Referendum +so often proclaimed find sufficient elucidation in concise form. The +facts that you have massed together of the practical application of +these principles give the best evidence of thorough research and study. +It is the first time that the labor reformers and thinkers generally +have had this subject presented to them in so able and readable a +manner. Every man who believes in minimizing the evil tendencies of +politics as a trade or profession, cannot fail to be highly interested +as well as pleased upon reading your book. + +"In many of the trade organizations the Initiative and the Referendum +are applied, and I have no doubt in my mind whatever that with the +growth and development of the trades-union movement, much will be done +to apply the principles to our political government. + +"I am led to believe that now in the New England states, particularly in +Massachusetts, where the town meetings exert a large influence upon the +public affairs of their respective localities, much could be done to +bring the subject of the Initiative and Referendum to the attention of +the masses. I think the trades-unionists of that section of the country +would be more than willing to co-operate in an effort to demonstrate the +practicability as well as the advisability of the adoption of that idea. + +"Again assuring you of the pleasure I have had in perusing the work, and +thanking you earnestly for your contribution toward the literature upon +this important subject, I am fraternally yours, SAMUEL GOMPERS, + +_President American Federation of Labor_." + + * * * * * + +"What! abandon legislatures and politicians and caucuses and all the +paraphernalia of elective and debating bodies? Well, not quite; still +very much curtailing the functions of these bodies and making laws by +the direct action of the people themselves and curtailing the +interference of professed legislators ... The little volume is worthy of +study, if only to know how some communities get along without the +trouble and contradiction involved in the systems of other popular +constituencies."--_New York Commercial Advertiser_. + +"Certainly the author is to be commended for contributing many facts to +our political knowledge--not the least of which is that we are no more, +as we were fifty years ago, leaders of the world in genuinely popular +government--for simplicity of treatment, and a most direct and lucid way +of pointing out the results of certain measures."--_Chicago Times_. + +"The author is eminently qualified to describe the working of a law to +which the attention of the electors of this continent is being largely +directed."--_London (Canada) Daily Advertiser_. + +"We would recommend the book to every one desirious of learning in brief +terms just what the Referendum is all about, and what good it would +do."--_New Nation_. + +"The appearance of such a book is not without political significance, +and Mr. Sullivan's collection of data is convenient to have."--_New York +Evening Post_. + +"The author shows that in Switzerland there has been a growth away from +the representative system toward a pure democracy."--_Christian +Register_. + +"The historic facts are stated with a clearness and conciseness that +make them valuable."--_New York Press_. + +"Shows plainly how the politician might be abolished."--_Chicago +Express_. + +"Plainly and well written, and should be widely read."--_Christian +Patriot_. + +"Its subject is of the highest importance to the country."--_Switchman's +Journal_. + + * * * * * + +="Few books have done, we believe, more good in this century."--Rev. +W.D.P. Bliss.= + + + + + + + +End of the Project Gutenberg EBook of Direct Legislation by the Citizenship +through the Initiative and Referendum, by James W. Sullivan + +*** END OF THIS PROJECT GUTENBERG EBOOK DIRECT LEGISLATION *** + +***** This file should be named 17751.txt or 17751.zip ***** +This and all associated files of various formats will be found in: + http://www.gutenberg.org/1/7/7/5/17751/ + +Produced by Irma Spehar, Cori Samuel and the Online +Distributed Proofreading Team at http://www.pgdp.net + + +Updated editions will replace the previous one--the old editions +will be renamed. + +Creating the works from public domain print editions means that no +one owns a United States copyright in these works, so the Foundation +(and you!) can copy and distribute it in the United States without +permission and without paying copyright royalties. Special rules, +set forth in the General Terms of Use part of this license, apply to +copying and distributing Project Gutenberg-tm electronic works to +protect the PROJECT GUTENBERG-tm concept and trademark. Project +Gutenberg is a registered trademark, and may not be used if you +charge for the eBooks, unless you receive specific permission. If you +do not charge anything for copies of this eBook, complying with the +rules is very easy. You may use this eBook for nearly any purpose +such as creation of derivative works, reports, performances and +research. They may be modified and printed and given away--you may do +practically ANYTHING with public domain eBooks. Redistribution is +subject to the trademark license, especially commercial +redistribution. + + + +*** START: FULL LICENSE *** + +THE FULL PROJECT GUTENBERG LICENSE +PLEASE READ THIS BEFORE YOU DISTRIBUTE OR USE THIS WORK + +To protect the Project Gutenberg-tm mission of promoting the free +distribution of electronic works, by using or distributing this work +(or any other work associated in any way with the phrase "Project +Gutenberg"), you agree to comply with all the terms of the Full Project +Gutenberg-tm License (available with this file or online at +http://gutenberg.org/license). + + +Section 1. General Terms of Use and Redistributing Project Gutenberg-tm +electronic works + +1.A. By reading or using any part of this Project Gutenberg-tm +electronic work, you indicate that you have read, understand, agree to +and accept all the terms of this license and intellectual property +(trademark/copyright) agreement. If you do not agree to abide by all +the terms of this agreement, you must cease using and return or destroy +all copies of Project Gutenberg-tm electronic works in your possession. +If you paid a fee for obtaining a copy of or access to a Project +Gutenberg-tm electronic work and you do not agree to be bound by the +terms of this agreement, you may obtain a refund from the person or +entity to whom you paid the fee as set forth in paragraph 1.E.8. + +1.B. "Project Gutenberg" is a registered trademark. It may only be +used on or associated in any way with an electronic work by people who +agree to be bound by the terms of this agreement. There are a few +things that you can do with most Project Gutenberg-tm electronic works +even without complying with the full terms of this agreement. See +paragraph 1.C below. There are a lot of things you can do with Project +Gutenberg-tm electronic works if you follow the terms of this agreement +and help preserve free future access to Project Gutenberg-tm electronic +works. See paragraph 1.E below. + +1.C. The Project Gutenberg Literary Archive Foundation ("the Foundation" +or PGLAF), owns a compilation copyright in the collection of Project +Gutenberg-tm electronic works. Nearly all the individual works in the +collection are in the public domain in the United States. If an +individual work is in the public domain in the United States and you are +located in the United States, we do not claim a right to prevent you from +copying, distributing, performing, displaying or creating derivative +works based on the work as long as all references to Project Gutenberg +are removed. Of course, we hope that you will support the Project +Gutenberg-tm mission of promoting free access to electronic works by +freely sharing Project Gutenberg-tm works in compliance with the terms of +this agreement for keeping the Project Gutenberg-tm name associated with +the work. You can easily comply with the terms of this agreement by +keeping this work in the same format with its attached full Project +Gutenberg-tm License when you share it without charge with others. + +1.D. The copyright laws of the place where you are located also govern +what you can do with this work. Copyright laws in most countries are in +a constant state of change. If you are outside the United States, check +the laws of your country in addition to the terms of this agreement +before downloading, copying, displaying, performing, distributing or +creating derivative works based on this work or any other Project +Gutenberg-tm work. The Foundation makes no representations concerning +the copyright status of any work in any country outside the United +States. + +1.E. Unless you have removed all references to Project Gutenberg: + +1.E.1. The following sentence, with active links to, or other immediate +access to, the full Project Gutenberg-tm License must appear prominently +whenever any copy of a Project Gutenberg-tm work (any work on which the +phrase "Project Gutenberg" appears, or with which the phrase "Project +Gutenberg" is associated) is accessed, displayed, performed, viewed, +copied or distributed: + +This eBook is for the use of anyone anywhere at no cost and with +almost no restrictions whatsoever. You may copy it, give it away or +re-use it under the terms of the Project Gutenberg License included +with this eBook or online at www.gutenberg.org + +1.E.2. If an individual Project Gutenberg-tm electronic work is derived +from the public domain (does not contain a notice indicating that it is +posted with permission of the copyright holder), the work can be copied +and distributed to anyone in the United States without paying any fees +or charges. If you are redistributing or providing access to a work +with the phrase "Project Gutenberg" associated with or appearing on the +work, you must comply either with the requirements of paragraphs 1.E.1 +through 1.E.7 or obtain permission for the use of the work and the +Project Gutenberg-tm trademark as set forth in paragraphs 1.E.8 or +1.E.9. + +1.E.3. If an individual Project Gutenberg-tm electronic work is posted +with the permission of the copyright holder, your use and distribution +must comply with both paragraphs 1.E.1 through 1.E.7 and any additional +terms imposed by the copyright holder. Additional terms will be linked +to the Project Gutenberg-tm License for all works posted with the +permission of the copyright holder found at the beginning of this work. + +1.E.4. Do not unlink or detach or remove the full Project Gutenberg-tm +License terms from this work, or any files containing a part of this +work or any other work associated with Project Gutenberg-tm. + +1.E.5. Do not copy, display, perform, distribute or redistribute this +electronic work, or any part of this electronic work, without +prominently displaying the sentence set forth in paragraph 1.E.1 with +active links or immediate access to the full terms of the Project +Gutenberg-tm License. + +1.E.6. You may convert to and distribute this work in any binary, +compressed, marked up, nonproprietary or proprietary form, including any +word processing or hypertext form. However, if you provide access to or +distribute copies of a Project Gutenberg-tm work in a format other than +"Plain Vanilla ASCII" or other format used in the official version +posted on the official Project Gutenberg-tm web site (www.gutenberg.org), +you must, at no additional cost, fee or expense to the user, provide a +copy, a means of exporting a copy, or a means of obtaining a copy upon +request, of the work in its original "Plain Vanilla ASCII" or other +form. Any alternate format must include the full Project Gutenberg-tm +License as specified in paragraph 1.E.1. + +1.E.7. Do not charge a fee for access to, viewing, displaying, +performing, copying or distributing any Project Gutenberg-tm works +unless you comply with paragraph 1.E.8 or 1.E.9. + +1.E.8. You may charge a reasonable fee for copies of or providing +access to or distributing Project Gutenberg-tm electronic works provided +that + +- You pay a royalty fee of 20% of the gross profits you derive from + the use of Project Gutenberg-tm works calculated using the method + you already use to calculate your applicable taxes. The fee is + owed to the owner of the Project Gutenberg-tm trademark, but he + has agreed to donate royalties under this paragraph to the + Project Gutenberg Literary Archive Foundation. Royalty payments + must be paid within 60 days following each date on which you + prepare (or are legally required to prepare) your periodic tax + returns. Royalty payments should be clearly marked as such and + sent to the Project Gutenberg Literary Archive Foundation at the + address specified in Section 4, "Information about donations to + the Project Gutenberg Literary Archive Foundation." + +- You provide a full refund of any money paid by a user who notifies + you in writing (or by e-mail) within 30 days of receipt that s/he + does not agree to the terms of the full Project Gutenberg-tm + License. You must require such a user to return or + destroy all copies of the works possessed in a physical medium + and discontinue all use of and all access to other copies of + Project Gutenberg-tm works. + +- You provide, in accordance with paragraph 1.F.3, a full refund of any + money paid for a work or a replacement copy, if a defect in the + electronic work is discovered and reported to you within 90 days + of receipt of the work. + +- You comply with all other terms of this agreement for free + distribution of Project Gutenberg-tm works. + +1.E.9. If you wish to charge a fee or distribute a Project Gutenberg-tm +electronic work or group of works on different terms than are set +forth in this agreement, you must obtain permission in writing from +both the Project Gutenberg Literary Archive Foundation and Michael +Hart, the owner of the Project Gutenberg-tm trademark. Contact the +Foundation as set forth in Section 3 below. + +1.F. + +1.F.1. Project Gutenberg volunteers and employees expend considerable +effort to identify, do copyright research on, transcribe and proofread +public domain works in creating the Project Gutenberg-tm +collection. Despite these efforts, Project Gutenberg-tm electronic +works, and the medium on which they may be stored, may contain +"Defects," such as, but not limited to, incomplete, inaccurate or +corrupt data, transcription errors, a copyright or other intellectual +property infringement, a defective or damaged disk or other medium, a +computer virus, or computer codes that damage or cannot be read by +your equipment. + +1.F.2. LIMITED WARRANTY, DISCLAIMER OF DAMAGES - Except for the "Right +of Replacement or Refund" described in paragraph 1.F.3, the Project +Gutenberg Literary Archive Foundation, the owner of the Project +Gutenberg-tm trademark, and any other party distributing a Project +Gutenberg-tm electronic work under this agreement, disclaim all +liability to you for damages, costs and expenses, including legal +fees. YOU AGREE THAT YOU HAVE NO REMEDIES FOR NEGLIGENCE, STRICT +LIABILITY, BREACH OF WARRANTY OR BREACH OF CONTRACT EXCEPT THOSE +PROVIDED IN PARAGRAPH F3. YOU AGREE THAT THE FOUNDATION, THE +TRADEMARK OWNER, AND ANY DISTRIBUTOR UNDER THIS AGREEMENT WILL NOT BE +LIABLE TO YOU FOR ACTUAL, DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE OR +INCIDENTAL DAMAGES EVEN IF YOU GIVE NOTICE OF THE POSSIBILITY OF SUCH +DAMAGE. + +1.F.3. LIMITED RIGHT OF REPLACEMENT OR REFUND - If you discover a +defect in this electronic work within 90 days of receiving it, you can +receive a refund of the money (if any) you paid for it by sending a +written explanation to the person you received the work from. If you +received the work on a physical medium, you must return the medium with +your written explanation. The person or entity that provided you with +the defective work may elect to provide a replacement copy in lieu of a +refund. If you received the work electronically, the person or entity +providing it to you may choose to give you a second opportunity to +receive the work electronically in lieu of a refund. If the second copy +is also defective, you may demand a refund in writing without further +opportunities to fix the problem. + +1.F.4. Except for the limited right of replacement or refund set forth +in paragraph 1.F.3, this work is provided to you 'AS-IS' WITH NO OTHER +WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO +WARRANTIES OF MERCHANTIBILITY OR FITNESS FOR ANY PURPOSE. + +1.F.5. Some states do not allow disclaimers of certain implied +warranties or the exclusion or limitation of certain types of damages. +If any disclaimer or limitation set forth in this agreement violates the +law of the state applicable to this agreement, the agreement shall be +interpreted to make the maximum disclaimer or limitation permitted by +the applicable state law. The invalidity or unenforceability of any +provision of this agreement shall not void the remaining provisions. + +1.F.6. INDEMNITY - You agree to indemnify and hold the Foundation, the +trademark owner, any agent or employee of the Foundation, anyone +providing copies of Project Gutenberg-tm electronic works in accordance +with this agreement, and any volunteers associated with the production, +promotion and distribution of Project Gutenberg-tm electronic works, +harmless from all liability, costs and expenses, including legal fees, +that arise directly or indirectly from any of the following which you do +or cause to occur: (a) distribution of this or any Project Gutenberg-tm +work, (b) alteration, modification, or additions or deletions to any +Project Gutenberg-tm work, and (c) any Defect you cause. + + +Section 2. Information about the Mission of Project Gutenberg-tm + +Project Gutenberg-tm is synonymous with the free distribution of +electronic works in formats readable by the widest variety of computers +including obsolete, old, middle-aged and new computers. It exists +because of the efforts of hundreds of volunteers and donations from +people in all walks of life. + +Volunteers and financial support to provide volunteers with the +assistance they need, is critical to reaching Project Gutenberg-tm's +goals and ensuring that the Project Gutenberg-tm collection will +remain freely available for generations to come. In 2001, the Project +Gutenberg Literary Archive Foundation was created to provide a secure +and permanent future for Project Gutenberg-tm and future generations. +To learn more about the Project Gutenberg Literary Archive Foundation +and how your efforts and donations can help, see Sections 3 and 4 +and the Foundation web page at http://www.pglaf.org. + + +Section 3. Information about the Project Gutenberg Literary Archive +Foundation + +The Project Gutenberg Literary Archive Foundation is a non profit +501(c)(3) educational corporation organized under the laws of the +state of Mississippi and granted tax exempt status by the Internal +Revenue Service. The Foundation's EIN or federal tax identification +number is 64-6221541. Its 501(c)(3) letter is posted at +http://pglaf.org/fundraising. Contributions to the Project Gutenberg +Literary Archive Foundation are tax deductible to the full extent +permitted by U.S. federal laws and your state's laws. + +The Foundation's principal office is located at 4557 Melan Dr. S. +Fairbanks, AK, 99712., but its volunteers and employees are scattered +throughout numerous locations. Its business office is located at +809 North 1500 West, Salt Lake City, UT 84116, (801) 596-1887, email +business@pglaf.org. Email contact links and up to date contact +information can be found at the Foundation's web site and official +page at http://pglaf.org + +For additional contact information: + Dr. Gregory B. Newby + Chief Executive and Director + gbnewby@pglaf.org + + +Section 4. Information about Donations to the Project Gutenberg +Literary Archive Foundation + +Project Gutenberg-tm depends upon and cannot survive without wide +spread public support and donations to carry out its mission of +increasing the number of public domain and licensed works that can be +freely distributed in machine readable form accessible by the widest +array of equipment including outdated equipment. Many small donations +($1 to $5,000) are particularly important to maintaining tax exempt +status with the IRS. + +The Foundation is committed to complying with the laws regulating +charities and charitable donations in all 50 states of the United +States. Compliance requirements are not uniform and it takes a +considerable effort, much paperwork and many fees to meet and keep up +with these requirements. We do not solicit donations in locations +where we have not received written confirmation of compliance. To +SEND DONATIONS or determine the status of compliance for any +particular state visit http://pglaf.org + +While we cannot and do not solicit contributions from states where we +have not met the solicitation requirements, we know of no prohibition +against accepting unsolicited donations from donors in such states who +approach us with offers to donate. + +International donations are gratefully accepted, but we cannot make +any statements concerning tax treatment of donations received from +outside the United States. U.S. laws alone swamp our small staff. + +Please check the Project Gutenberg Web pages for current donation +methods and addresses. Donations are accepted in a number of other +ways including checks, online payments and credit card donations. +To donate, please visit: http://pglaf.org/donate + + +Section 5. General Information About Project Gutenberg-tm electronic +works. + +Professor Michael S. Hart is the originator of the Project Gutenberg-tm +concept of a library of electronic works that could be freely shared +with anyone. For thirty years, he produced and distributed Project +Gutenberg-tm eBooks with only a loose network of volunteer support. + + +Project Gutenberg-tm eBooks are often created from several printed +editions, all of which are confirmed as Public Domain in the U.S. +unless a copyright notice is included. Thus, we do not necessarily +keep eBooks in compliance with any particular paper edition. + + +Most people start at our Web site which has the main PG search facility: + + http://www.gutenberg.org + +This Web site includes information about Project Gutenberg-tm, +including how to make donations to the Project Gutenberg Literary +Archive Foundation, how to help produce our new eBooks, and how to +subscribe to our email newsletter to hear about new eBooks. diff --git a/17751.zip b/17751.zip Binary files differnew file mode 100644 index 0000000..f1f247a --- /dev/null +++ b/17751.zip diff --git a/LICENSE.txt b/LICENSE.txt new file mode 100644 index 0000000..6312041 --- /dev/null +++ b/LICENSE.txt @@ -0,0 +1,11 @@ +This eBook, including all associated images, markup, improvements, +metadata, and any other content or labor, has been confirmed to be +in the PUBLIC DOMAIN IN THE UNITED STATES. + +Procedures for determining public domain status are described in +the "Copyright How-To" at https://www.gutenberg.org. + +No investigation has been made concerning possible copyrights in +jurisdictions other than the United States. Anyone seeking to utilize +this eBook outside of the United States should confirm copyright +status under the laws that apply to them. diff --git a/README.md b/README.md new file mode 100644 index 0000000..189192d --- /dev/null +++ b/README.md @@ -0,0 +1,2 @@ +Project Gutenberg (https://www.gutenberg.org) public repository for +eBook #17751 (https://www.gutenberg.org/ebooks/17751) |