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ROBERT GARDNER -- The Verdict

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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