ROBERT GARDNER -- The Verdict
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Most historians agree that Hiram Johnson was one of California’s great
governors. Almost single-handedly, he brought down the Southern Pacific
Railroad, which, at that time, had almost completely corrupted state
government.
Gov. Johnson, as an enthusiastic Populist, introduced three political
concepts -- the initiative, the referendum and the recall. Each was
trumpeted as a means of restoring power to the people.
In the abstract, these concepts can’t be faulted. The initiative was
designed as a means the people could use to pass legislation that the
legislature had not or would not enact. The referendum was to be used to
correct legislative mistakes, and the recall was drawn up as a method of
getting rid of bad officeholders before their terms expired.
Each, of course, is at odds with our basic concept of republican
government. Operating on democratic principles, we elect representatives
to carry out our wishes. But who can argue with the basic concept of
power to the people?
I don’t have any trouble with the referendum or the recall. However,
widespread abuses of the initiative, particularly on a statewide basis,
have me worried.
For example, we have amended our state Constitution more than 200 times,
usually by the initiative process. As a result, we have a state
Constitution that is a legislative monstrosity. Two highly intelligent
and dedicated commissions have attempted to modify our Constitution, all
to no avail. It is apparently incurable.
I have spent a lifetime trying to interpret some of the offerings of our
state legislature that were put together by a legislator and his staff --
and passed by the entire legislature after being discussed and voted on.
Some of them have been pretty opaque, but these initiative monstrosities
are often completely beyond my powers of understanding.
To date, I have studiously ignored the pleas of the professional
name-gatherers at our market places. However, if one of them pokes a
paper at me which reads, “Initiative measure to outlaw the initiative,” I
would sign it in a hurry.
* ROBERT GARDNER is a Corona del Mar resident and a former judge. His
column runs Tuesdays.
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