42. A Proportional Representation Tally Sheet

The easiest method of seeing what the Hare system of proportional representation really means is to follow through an actual count. The accompanying chart shows the final tally of the ballots in the third district in Cleveland in the first proportional representation election, November 6, 1923. This district had a population of 196,732 in 1920 and was entitled, in 1923, to six seats in the council. There were 25,995 registered voters, of whom 20,740 cast valid ballots. Eighteen candidates had been nominated, and these received the bulk of the votes, although each of four others received scattering choices.

In the following chart a figure in italics indicates that the given number of ballots was transferred. This applies equally to transfers due to surplus votes and to those due to elimination of the weaker candidates. Bold-faced fig

ures indicate that the candidate after whose name they stand was elected at that point in the count. For the sake of clearness, these figures are omitted in subsequent columns; but they should be added to those given in the column to make the total. The letters (R) and (D) indicate that the candidates so designated had the endorsement of the Republican or Democratic party organization. As a result of this count, the councilmen from this district were elected in the following order: 1. Finkle, 2. Fleming, 3. McGinty, 4. Wing, 5. Walsh, 6. Bronstrup.

SOURCES-R. Moley, “Proportional Representation in Cleveland,” Political Science Quarterly, XXXVIII, 568-569 (Dec., 1923) (used by permission of the editor); see also "America's Fifth City Tries P.R.," Proportional Representation Review, III, No. 69, p. 21.

43. The Initiative and Referendum in Massachusetts

One of the principal reasons for holding the Massachusetts constitutional convention of 1917-1919 was the per

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ELECTED NOVEMBER 6, 1923, IN THE CITY OF CLEVELAND, OHIO

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sistent demand for the initiative and referendum.

For a number of years, there had been on the statute books a "public opinion law" which authorized an advisory referendum under certain conditions, but the results of votes taken under this measure had no binding legal effect. The advocates of the initiative and referendum wanted a device which the legislature could not ignore.

Before the convention met, the people had voted, under the advisory law, to instruct the delegates "to support the initiative and referendum so as to give the voters the power to accept or reject at the polls measures (including constitutional amendments) that have been proposed by petition, or to reject at the polls measures that have been passed by the General Court." Every district voted to instruct its delegates to support this proposition, although only a very light vote was cast. In no place was the vote in favor of it equal to a majority of those voting for delegates to the convention. Nevertheless, the advisory vote strengthened the position of the advocates of direct legislation and made it a foregone conclusion that the convention would propose some measure on the subject.

During the sessions of the convention the proposal for the initiative and referendum aroused more interest and caused more discussion than any other topic. There was almost continuous debate on the subject for over three and one-half months, the record of which fills a large volume of more than one thousand pages of small print.2 Hundreds of amendments were proposed to the provision as first submitted. Many of these were adopted; and when the proposal was finally voted, it was found to comprise a very conservative and cumbersome enactment. The amendment, as proposed by the convention, was adopted by the people in 1918, by a vote of 171,646 to 162,103.

In spite of its unwieldy nature and restricted applica

1R. L. Bridgman, Massachusetts Constitutional Convention of 1917 (Boston, 1923), 42-43.

Debates in the Massachusetts Constitutional Convention, 1917-1918 (Boston, 1918), Vol. II.

tion, this provision for direct legislation has been used a number of times in Massachusetts. The results have not always been those which its framers anticipated, but in general the device has given a fair amount of satisfaction. The text of the amendment is incorporated here, not because it illustrates a perfect type of initiative and referendum article, but rather because it contains all of the provisions of such an article to be found in other constitutions, and in addition has a number of unique features which are worthy of study.

SOURCES-Debates in the Massachusetts Constitutional Convention, 19171919 (Boston, 1920), IV, 30-35; General Laws of Massachusetts (Boston, 1921), I, pp. c-cvi; Acts and Resolves passed by the General Court of Massachusetts, 1923 (Boston, 1923), 52-62; Manual for the Use of the General Court, 1923-24 (Boston, 1923), 102-112; Constitution of the Commonwealth of Massachusetts (Boston, 1922), 52-62; Bridgman, R. L., Massachusetts Constitutional Convention of 1917 (Boston, 1923), 236-245.

ART. XLVIII.

I. Definition.

Legislative power shall continue to be vested in the general court; but the people reserve to themselves the popular initiative, which is the power of a specified number of voters to submit constitutional amendments and laws to the people for approval or rejection; and the popular referendum, which is the power of a specified number of voters to submit laws enacted by the general court, to the people for their ratification or rejection.

THE INITIATIVE.

II. Initiative Petitions.

SECTION 1. Contents.-An initiative petition shall set forth the full text of the constitutional amendment or law, hereinafter designated as the measure, which is proposed by the petition.

SECTION 2. Excluded Matters.-No measure that relates to religion, religious practices or religious institutions; or to the ap

pointment, qualification, tenure, removal, recall or compensation of judges; or to the reversal of a judicial decision; or to the powers, creation or abolition of courts; or the operation of which is restricted to a particular town, city or other political division or to particular districts or localities of the commonwealth; or that makes a specific appropriation of money from the treasury of the commonwealth, shall be proposed by an initiative petition; but if a law approved by the people is not repealed, the general court shall raise by taxation or otherwise and shall appropriate such money as may be necessary to carry such law into effect.

Neither the eighteenth amendment of the constitution, as approved and ratified to take effect on the first day of October in the year nineteen hundred and eighteen, nor this provision for its protection,1 shall be subject of an initiative amendment.

No proposition inconsistent with any one of the following rights of the individual, as at present declared in the declaration of rights, shall be the subject of an initiative or referendum petition. The right to receive compensation for private property appropriated to public use; the right of access to and protection in courts of justice; the right of trial by jury; protection from unreasonable search, unreasonable bail and the law martial; freedom of the press; freedom of speech; freedom of elections; and the right of peaceable assembly.

No part of the constitution specifically excluding any matter from the operation of the popular initiative and referendum shall be the subject of an initiative petition; nor shall this section be the subject of such a petition.

The limitations on the legislative power of the general court in the constitution shall extend to the legislative power of the people as exercised hereunder.

SECTION 3. Mode of Originating.-Such petition shall first be signed by ten qualified voters of the commonwealth and shall then be submitted to the attorney-general, and if he shall certify that the measure is in proper form for submission to the people, and that it is not, either affirmatively or negatively, substantially the same as any measure which has been qualified for submission or

This amendment prohibited the establishment of any religion or the appropriation of public funds in aid of any church.-EDITOR.