on this home rule movement. In Michigan the constitutional convention inserted a home rule section in the new constitution which was voted on and carried November 3, 1908. Direct But far more widespread or at least far more successful over a wider stretch of territory is the movement we are now to consider for more direct and popular control by the citizens themselves of their municipal affairs. Both theoretically and practically this movement appears justified in its aims. It gives the best promise of helping the ultimate solution of our municipal problems. This movement is either advisory or mandatory in its operation. The advisory system was perhaps the easier to enact, but the tendency of late has been strongly towards the mandatory initiative and referendum. The Advisory The advisory system aims to secure action by city authorities in conformity with the popular judgment through milder methods than direct legislation. The voters are allowed to suggest or to express their opinion on a course of action without however thereby enacting such legislation or ordinance. Such a vote is merely advisory in character and leaves the city fathers with full power to act as they think best, whether it be in accordance with or against the wishes of the people. Winnetka, Illinois, is generally given the credit for devising the method of securing a popular decision of important questions through pledging candidates before their election to permit the reference to the people of such questions when petitioned for. The council was thus induced to pass an ordinance providing for the submission to the voters before their passage of all ordinances for franchises or for bond issues and also all ordinances for which fifty voters may have petitioned within five days after public posting before their passage. Geneva, Illinois, extended this system to include, in addition to the referendum, the advisory initiative on any public question when petitioned for by ten per cent of the voters. Candidates are questioned and pledged before election to follow these rules. This method has been followed by several cities. Detroit, June 17, 1902, unanimously adopted rules of procedure by Detroit which a petition of five per cent of the voters may force all ordinances granting or renewing public utility franchises, which have passed their third reading in the council, to a popular vote at the next election, and also any other measure instructing the officials. A home rule charter had been declared unconstitutional by the Supreme Court, thus depriving the city of the right granted therein for a referendum on street railway franchises. A long term extension of such a franchise was favored by a majority of the council but having pledged themselves to a referendum while candidates for office a spirited demonstration of the citizens induced them to pass the above rule. The proposal to extend the franchise was thereupon dropped in view of the threatened popular veto. The first use in Detroit of the referendum on franchises was made November 6, 1906, when the Detroit United Railway franchise was rejected decisively, and wisely according to the Civic News, a good government publication of Detroit. Such self-denying council rules are not however either permanent or self-enforcing. A two-thirds vote may suspend them at any time, perhaps when needed most. To secure their continued annual adoption may require an annual pledging campaign. This year's manual of Detroit does not contain the rule for instructing officials through the initiative. To guarantee action by a representative government in harmony with the popular will presupposes not a voluntarily assumed obligation of a temporary and optional character, but an obligation of superior and controlling force embodied in the fundamental law or charter. Grand Rapids, Michigan, petitioned the legislature for a new charter which was approved June 6, 1905, granting a twelve per cent referendum on any ordinance and a Grand Rapids twelve per cent initiative for an advisory vote on charter amendments. This referendum has been used twice, once to approve of the franchise granted to the Muskegon Power Company, and once, November 6, 1906, to reject an ordinance prohibiting Sunday shows, 6895 to 6281, Under the advisory initiative the voters have twice asked for amendments to their charter; on April 2, 1906, voting for an advisory initiative on ordinances by 6196 to 1736 and for the recall by 7142 to 1976, and on November 6, 1906, voting for the establishment of non-partisan municipal elections by 8865 to 3350. Though this question carried every precinct in a Republican city and the total vote, 12,215, was within 729 of the total cast for governor, yet the Republican legislature refused to grant the request; as it also refused the other requests. It is stated that the above charter provisions are generally considered beneficial, though it is felt that the enactment of charter amendments should be compulsory after submission to and approval by the electors. Buffalo, under the general welfare clause of its charter adopted, July 13, 1904, chap. 45, of the city ordinances, which is still in force, and which authorizes the submission at a general election of any questions of public policy to obtain the opinion of the electors thereon, either on the petition of five per cent of the voters or upon resolution of the council-November 7, 1905, such an advisory initiative resulted in a vote of 7767 to 1979, in favor of a municipal electric lighting and power plant. The council took no action to carry out this vote but used it to obtain somewhat more favorable prices from the existing private company. November 3, 1908, the advisory initiative asking for a new charter with the largest possible measure of home rule obtained the endorsement of 13,286 yes to 4346 no. Illinois In Illinois, a public opinion law was enacted May 4, 1901, allowing questions to be referred to the voters of cities for an expression of opinion on the petition of twentyfive per cent. Chicago has made effective use of this authority, voting in April, 1902, for direct primary nominations of city officers by 140,860 to 17,654 and April 5, 1904, for the popular election of the school board by 115,553 to 58,432. Both at these elections, and April 4, 1905, April 3, 1906, and April 2, 1907, there were referendums on the burning street railway issue. The question has been too prominent throughout the country during all these years to need extended comment. The first votes were overwhelmingly in favor of municipal ownership of gas and electric lighting plants as well as of the street railways; 139,999 to 21,364, and 142,826 to 27,998 respectively, but finally after a six years' struggle the people by 165,846 to 132,720, accepted, April 2, 1907, the council ordinances whereby great reforms were promised in the service under the private management of the companies, and fifty-five per cent of the net profits was to go to the city treasury. In Canada this advisory system has been authorized for cities by general Provincial law in British Columbia, June 21, 1902, and in Ontario June 27, 1903. Canada In Victoria the referendum by-law was adopted by the council December 15, 1902. Either the council or a petition of ten per cent of the voters may send questions to the annual municipal election in January for obtaining the opinion of the electors upon any question affecting the public welfare or any proposed innovation or alteration of by-laws. In 1903, 1907 and 1908, the eight hour day for city employees, the sale of liquors by retail in stores, and an increased water supply, have been voted on. The opinion thus expressed by the electors has been regarded by the council as a mandate for legislation in accordance therewith. In Toronto, this advisory referendum has been used for questions like reducing the number of liquor licenses, paying salaries to the aldermen, and exempting dwellings from assessment to the amount of seven hundred dollars. The Right of Augusta, Maine, has held special elections from time to time to secure the opinion of the people whenever the importance of the issue has seemed sufficient to warrant such an election. The city clerk states that the authority is found in the clause of the city charter, sec. 34, which provides that general meetings of the citizens may be held to consult upon the public good and to instruct their representatives according to the right secured to the people by the state constitution,-to be summoned by the mayor and aldermen upon the requisition of thirty voters. The constitution of Massachusetts, the parent state, contains a similar provision inserted in the original document of 1780, and repeated in the city charters. In the smaller cities where the ca pacity of a hall bears a reasonable relation to the probable number of voters expected to attend there have been numerous meetings to decide on various important matters, but it is not known that any city has yet adopted Maine's sensible expedient for changing a huge mass meeting into the modern method of booths and ballots. The constitutions of thirteen other states contain in their bills of rights declarations more or less similar in support of the right of the voters to give instructions: Pennsylvania, North Carolina, New Hampshire, Vermont, Tennessee, Ohio, Indiana, Michigan, Arkansas, California, Oregon, Kansas and Nevada. In Delaware, under the terms of the law, the people voted November 6, 1906, on the question, "Shall the general assembly The Advisory provide a system of advisory initiative and referendum? Though the vote in the entire state was more than 8 to 1 in its favor, the system was not authorized by the following legislature which, however, with but a single dissenting vote in the Senate, did establish for the city of Wilmington, which had favored the proposition by 10,548 to 747, a local initiative without the referendum. A petition of ten per cent carries to the next election any question relating to the affairs of the city for an expression of opinion thereon. If it receives a majority vote and is within the corporate powers of the city government, it must be put into effect without unreasonable delay. Any member of the council, or of a commission, which neglects or refuses to perform the duty therein imposed commits a misdemeanor punishable by fine, removal from office, and ineligibility to hold office for five years. This last provision should lessen the danger of representatives refusing to carry out the people's will, but as far as it renders the action by the council merely an obligatory and perfecting formality it would seem to approximate practically to the system of direct legislation. Wilmington June 1, 1907, at the city election five questions were submitted to the people: Shall the legislature be memorialized for a home rule government for Wilmington with the initiative and the referendum (8786 to 813), and for the New York system of assessing |