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Amending Art. V, Secs. 1 and 19, providing for the initiative on legislative measures. Adopted, 219,057 to 152,388. Amending Art. XVII, Sec. 2, providing for the initiative on constitutional amendments. Adopted, 204,796 to 116,392. Amending Art. X, Sec. 14, to provide for a fireman's pension fund. Defeated, 179,948 for, 206,204 against.

To be submitted in 1914:

Amending Art. III, Sec. 1, providing that students, members of the legislature and commercial travellers, shall not be deprived of voting by reason of absence from home.

Amending Art. VIII, Sec. 15a, granting to counties authority to issue bonds for the construction of drains and development of agricultural lands.

Amending Art. X, Sec. 10, permitting the issuance of bonds for the construction and improvement of public wagon roads.

Amending Art. IV, Sec. 47, to permit the legislature to pension the deserving blind.

Amending Art. IV, Sec. 57, to provide that initiative and referendum petitions shall be filed with the county clerk instead of with the Secretary of State, defining the powers of initiative and referendum, and limiting the resubmission of rejected Initiative or referendum

measures.

Amending Art. IX, Sec. 16, relating to the framing of charters of cities having over 100,000 inhabitants and the publication of charter amendments.

Amending Art. X, Sec. 12, increasing the debt limit of cities of above 100,000 population.

Amending Art. X, Sec. 12, to allow Kansas City to incur indebtedness for acquisition of water works, gas works, street railways and other public utilities.

Amending Art. X by adding Sec. 23, providing for a special annual levy, by a majority vote of qualified voters, not Minnesota. To be submitted in to exceed 65 cents on $100 of assessed valuation for road purposes.

1914:

Amending Art. IV, Sec. 1, to reserve to the people the power of initiative and referendum on constitutional amendments.

Amending Art. IV, Sec. 2, relating to the apportionment of state senators and Representatives and fixing the number of

such Representatives.

Amending Art. VI, Sec. 2, relating to the Supreme Court, increasing the number of associate justices from four to six and providing that no statute shall be held unconstitutional with less than five judges concurring.

Amending Art. VI, Sec. 7, changing the length of the term of the judge of the Probate Court.

Amending Art. VII by adding Sec. 10, providing for the recall of public officials.

Amending Art. VIII, Sec. 2. authorizIng the setting apart of a fund of $250,000 to be used in constructing roads. ditches and fire breaks for unsold school and swamp lands.

Amending Art. VIII, Sec. 6. relating to the investment of school funds and

authorizing the investment and loaning of school funds on improved farm lands within the state.

Amending Art. VIII, Sec. 8, to authorize the setting apart of certain of the state's lands as state forests.

Amending Art. IX by repealing Sec. 11, providing for the publication of an annual report of the state treasurer.

Amending Art. IX by adding Sec. 17a. relating to the payment of bounties by the state to encourage the planting, cultivation and protection of forest trees. Amending Art. IX, Sec. 18, authorizIng the enactment of laws taxing dogs and providing for the payment from funds thus derived of damages sustained by owners by reason of injuries caused by dogs.

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Amending Art. X by adding Sec. 27, providing for state tax of 10 cents on each $100 of assessed valuation for a road-improvement fund.

New Mexico.-To be submitted in 1914:

Amending Art. V, Sec. 1, defining the personnel of the executive department, their terms of office and duties.

Amending Art. VIII, Secs. 1, 2, 3, 4, 5, 6. end 7, relating to taxation and

revenue.

New York. Submitted Nov. 4:

Amending Art. I, Sec. 7, relating to the method of taking private property for public use. Adopted, 424,928 to 270,467.

Amending Art. I by adding Sec. 19, providing that the legislature may enact laws to protect the lives, safety or health of employees and also permitting the passage of workmen's compensation laws. Adopted, 510,914 to 194,497.

Amending Art. VI, Sec. 14, by adding two judges in Kings County and by providing that the number of Judges in any county may be increased by the legislature to one for every 200,000 population of the county. Adopted, 389,971 to 255,539.

Amending Art. VII, Sec. 7, permitting the setting aside of three per cent. of the wild forest land of the state for the construction and maintenance of reservoirs to regulate flow of streams. Adopted, 486,264 to 187,290.

Passed by the legislature of 1913, to be submitted to the legislature of 1915:

Amending Art. II, Sec. 1, to extend the suffrage to women.

Amending Art. VII by adding Sec. 7a, permitting the removal of mature, dead or fallen timber from the forest preserve, and the leasing of camp sites and construction of roads and trails therefor.

An act approved on Dec. 17 provides for the submission to the people

at a special election of April 14, 1914, of a proposal for the calling of a constitutional convention in 1915.

North Carolina.-To be submitted in 1914:

Amending Art. I, Sec. 6, by substituting the words "war between the states,' for "insurrection or rebellion against the United States."

Amending Art. II, Sec. 28, relating to the increase of compensation and the reduction of mileage allowance to members of the General Assembly.

Amending Art. II, by adding Sec. 29, restricting local, private and special legislation.

Amending Art. III, Sec. 1, relating to the beginning of the term of officers of the executive department.

Amending Art. IV, by the elimination of obsolete sections 20. 26 and 33.

Amending Art. V, and Art. VII, Sec. 9. by substituting new Art. V, to revise and reform the system of revenue and taŝation.

Amending Art. VIII, Sec. 1, prohibitIng the creation of corporations by special act.

Amending Art. VIII, Sec. 4, imposing on the legislature the duty of providing general laws for organization of cities, towns and incorporated villages.

Amending Art. IX, Sec. 3, to require a public school term of six months.

schools be distributed as other common school funds. Adopted, 15,878 majority. Ohio. Submitted Nov. 4:

Amending Art. III, Secs. 1, 2, and 18, relating to the short ballot for state officers. Defeated, 238,765 for, 401,066 against.

Amending Art. X, Secs. 1 and 2, relating to the short ballot for county and township officers. Defeated, 217,542 for, 449,023 against.

Amending Art. XI, Secs. 1, 2, 3, 4, and 5, relating to a small legislature. Defeated, 240,066 for, 417,528 against. Amending Art. XII, Sec. 12, exempting from taxation state of Ohio, city, village, hamlet, county, township, road district and school bonds. Defeated, 311,747 for, 340,246 against.

Amending Art. XV, Sec. 4, relating to the eligibility of women to appointment as members of boards of or to positions in departments and institutions caring for women and children. Adopted, 434,498 to 254 866.

At the same election a referred measure (H. Bill No. 3) prohibiting the shipment, conveyance or receiving of Intoxicating liquors into territory in which intoxicating liquors are prohibited was defeated by 360,534 for, to 455.009 against.

Pennsylvania.-Submitted Nov. 4: Amending Art. III, Sec. 7, prohibiting the General Assembly from passing any law regulating labor, trade, mining or manufacturing; but permitting the leg.

North Dakota.-To be submitted in islature to regulate wages or salaries, 1914:

Amending the constitution to provide for the initiative and referendum on legislative measures.

Amending the constitution to provide for the initiative and referendum on constitutional amendments.

Amending the constitution to change the name of the state Blind Asylum. Amending the constitution to permit state aid for highways.

Amending the constitution to empower the legislature to provide for the erection and operation of terminal grain elevators within the state.

hours of work, and welfare of employees 219,351 against. of the state. Defeated, 203,633 for,

Amending Art. VIII, Sec. 3, relating to the time of election of judges and their terms of office. Adopted, 217,345 to 195,179.

uniformity of taxation and the exempAmending Art. IX, Sec. 1, relating to Defeated, 203.976 for, 204,095 against. tion from taxation of public property.

Amending Art. IX, Sec. 4, authorizing the state to issue bonds to the amount of $50,000,000 for the improvement of highways. Defeated, 259,042 for, 300,435 against.

Oklahoma. Submitted at special to municipal obligations for debt inAmending Art. IX, Sec. 15, relating election on Aug. 5:

Amending Art. V, Sec. 5a, to give all counties in the state the right of option on the question of abolishing township governments. Adopted, 3,182 majority. Amending Art. VI, Sec. 31, reducing the membership of the Board of Agriculture. Adopted, 19.915 majority.

Amending Art. VI, by adding Sec. 32b, defining certain powers and duties of the commissioners of the land office. Adopted. 11,985 majority.

Amending Art. IX, Sec. 9, authorizing any foreign or domestic railroad company on the consent of the Corporation Commission to sell or lease its property or franchises or acquire property and franchises of a like company. Adopted, 51,786 majority.

Amending Art. X. Sec. 12a, providing that all taxes paid by certain public service corporations for maintenance of

curred for the construction or acquisition of waterworks, subways, underAdopted, 208,063 to 201,605. ground railways and appurtenances.

South Carolina. To be submitted in 1914:

Amending Art. X by adding Sec. 16, to empower the cities of Sumter and Darlington and the towns of Belton and Walhalla to assess abutting property for permanent improvements.

The amendments to Art. X, Secs. 14a and 15, approved by the people in 1912 (A. Y. B., 1912, p. 189) were ratified by the legislature of 1913.

South Dakota.-To be submitted in 1914:

Amending Art. III, Sec. 1, providing for the initiative and referendum.

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Amending Art. VII, Sec. 1, extending the suffrage to women.

Amending Art. VIII, Sec. 5, relating to the purchase and sale of school and endowment lands.

Amending Art. IX, Sec. 5, relating to the election of county officers.

Amending Art. XIV, Secs. 2 and 3, providing a state board of control for state institutions.

Amending Art. XXI by adding section 7, authorizing the legislature to provide for the irrigation of agricultural lands.

A resolution proposing and recommending a constitutional convention was passed by the legislature for submission at the next general election Nov. 1914.

Texas. Submitted at a special election on July 19:

Amending Art. III, Secs. 49 and 52, authorizing the issue of bonds for publle improvements and the levy of a tax to pay interest and sinking fund thereon. Defeated, 19,745 for, 120,734 against.

Amending Art. V, Sec. 7, relating to the creation and formation of judicial districts, the terms, compensation and qualification of the judges of the district courts, and the times of holding court. Defeated, 25,329 for, 112.548 against.

Amending Art. XVI, by adding new Sec. 58, relating to the tenure of office and compensation of public officials. Defeated, 29,367 for, 108,254 against.

To be submitted in 1914:

Amending Art. III, Sec. 1, providing for the initiative on legislative measures. Amending Art. III, Sec. 24, granting members of the legislature a salary of $1.200 per annum, and mileage not exceeding five cents per mile, and increasing the length of a regular session of the legislature.

Amending Art. XI by adding Sec. 7a, authorizing counties bordering on the Gulf of Mexico to build sea walls and designate sea-wall reclamation districts for the protection of life and property.

Vermont.-Submitted March 4: Amending Art. II, relating to the approving, signing or vetoing of bills. Adopted. 17,047 to 8.078.

Amending Art. XXIV, Secs. 1, 2, 4, 5, and 6, relating to the biennial meeting of the General Assembly; the biennial election of state officers, and the term of office of Senators and Representatives, assistant judges and sheriffs. Adopted, 16.849 to 7,868.

Amending Art. XXX, relating to the granting of charters of incorporation. Adopted. 14,589 to 7.542.

tice" and "justices." Adopted, 14,803 to 7,263.

Amending Art. XXXII, permitting the General Assembly to pass laws compellIng compensation for injuries received by employees. Adopted, 15,935 to 7,860. Amending Art. XXXIII, relating to the rearrangement and renumbering of Chapter 2 of the Constitution. Adopted, 14,985 to 6,936.

Amending Ch. 2, Sec. 14, relating to the printing of votes and proceedings of the General Assembly. Adopted, 15,258 to 7,447.

Amending Ch. 2, Sec. 20, prohibiting the declaration by the legislature of any person to be guilty of treason or felony. Adopted, 13,953 to 9,244.

Washington. To be submitted in

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Amending Art. VII, Secs. 6 and 7, empowering the legislature to alter the limits, decrease or increase the number of circuits and providing for the election by qualified electors of one or more circuit judges.

Amending Art. VIII by adding Sec. 11, permitting the state to grant annuities and insurance upon such risks and in such manner as may be prescribed by law.

Amending Art. VIII by adding Sec. 13, permitting the state to grant insurance upon such risks and in such manner as may be prescribed by law.

Amending Art. XI by adding Sec. 3a, empowering cities and villages to amend their charters and to frame and adopt new charters and to enact laws and ordinances relating to municipal affairs.

Amending Art. XI by adding Sec. 3b, providing that when private property is taken for public use by municipal corporations, additional adjoining or neighboring property may be taken under conditions to be prescribed by the legislature.

Amending Art. XII. Sec. 1, relating to the manner of amending the constitution, providing that amendments may be proposed in either house of the legislature and if agreed to by three-fifths of the members elected to each of the two houses shall be submitted to the electors at the next general election.

Amending Art. XII. by adding Sec. 3, providing for the initiative on constitutional amendments.

Amending Art. XIII by adding Sec. 12. providing for the recall of public

Amending Art. XXXI. changing the words "judge" and "judges" to "jus-officers.

VII. MUNICIPAL GOVERNMENT

CLINTON ROGERS WOODRUFF

MUNICIPAL HOME RULE

The third type is that which is generally known as the "federal" type. The bill did not pass, but it is expected that it will come up again in the 1914 session.

New York. The Cullen-Levy bill power to choose one of three forms became a law with the approval of of municipal government: the limited the Governor on April 10. It pro- council; the limited council with apvides that every city in the state pointive city manager; and governshall have power to regulate, management by means of separate executive and control its property and local af- and legislative departments. The fairs and is granted all the rights, "limited council" is only another name privileges and jurisdiction necessary for commission government. and proper for carrying such power into execution. No enumeration of powers in this or any other law, it was declared, shall operate to restrict the meaning of this general grant of power, or to exclude other powers comprehended within this general grant. Subject to the constitution of the state, a series of specific grants of power were enumerated. The powers granted were declared to be in addition to and not in substitution for all the powers, rights, privileges and functions existing in any city pursuant to any other provision of law.

There has been a great difference of opinion as to the possibilities under this law. Since its enactment an ordinance has been passed in New York City requiring city employees to live within the state. It is claimed that the bill made this legal. A committee was appointed in the Spring to make a general investigation of the possibility of providing proper pensions for city employees, as it is believed that the city now has sufficient power under this law to establish such a system. It seems to be a general impression that much socalled social legislation is possible under this new law, such as a provision for recreations, amusements, etc.

Ohio. As a result of the constitutional amendments adopted in November, 1912 (A. Y. B., 1912, p. 191), the cities of Ohio have been busily engaged in adopting new charters, Cleveland leading the way with one which was formally approved on Sept. 3. It provided for non-partisan primaries and elections; a mayor and one councilman from each of the 26 wards; the initiative, referendum and recall; the merit system; and six departments (law, public service, public welfare, finance, public safety, and public utilities), each in charge of a director appointed by the mayor. The charter leaves to the city all the powers of local self-government granted by the home-rule amendment of the constitution. There is no attempt to limit those powers.

The constitutionality of the charter was upheld by a divided court. An earlier opinion of the Supreme Court (State of Ohio ex rel. Toledo v. John J. Lynch) held that no city could do more under the constitutional amendments than heretofore, unless it first adopted a charter under them or secured authority from the assembly. An optional charter bill giving cities the choice of three forms of charter

An optional city government bill was introduced in the New York legislature which gave to the cities of the second and third classes in that state

(commission government, city manager and federal) was passed by the legislature.

Michigan. A circuit court judge has upheld the constitutionality of the Michigan home-rule law in the first real test to which the law has been subjected in the courts. An injunction was sought on three special grounds: that the home-rule bill was unconstitutional because it delegates legislative power to charter commissioners; because the act provided for the incorporation of cities and also for the revision and amendment of city charters and is broader than the title; and that the Saginaw charter commissioner's work was void because it had not been completed in 90 days. The court held against the injunction petitioner on all these points.

Wisconsin. The legislature of 1913 acted favorably on a comprehensive constitutional amendment that paves the way for home rule in all the cities of the state. The electors will vote on this question at the election in November, 1914. It is expected that the amendment will be approved at the polls by a substantial majority and that the legislature elected at that time will probably pass the necessary enabling act without delay.

Missouri.-Bills taking the appointment of the members of the St. Louis excise and police board departments from the governor and placing it in the hands of the mayor of St. Louis, leaving the removal power with either the governor or the mayor, at pleasure, and with the city council "for cause," were passed by the legislature of 1913. If the governor removes all the members of a board, however, he is vested with power to fill the vacancies. Viewing the bills as passed without reference to the circumstances surrounding their passage, it is quite generally believed that they give a degree of home rule in these departments of the St. Louis government without impairing the right and power of the state to step in and compel the enforcement of the laws of the state.

Kansas. A discussion of the needs of a home-rule constitutional amendment was a feature of the meeting of the city attorneys of the state, in connection with the convention of the

League of Kansas Municipalities at Kansas City, Kansas. The league, which is composed of 85 cities of the state, is already of record as being strongly in favor of the municipal home-rule policy.

Texas. A bill carrying into effect the constitutional amendment adopted in November, 1912 (A. Y. B., 1912, p. 193), was passed at the 1913 session. Colorado. The home-rule provision of the constitution (Article 20) was amended in 1912 through the initia tive and referendum in such a way as to extend its home-rule features. It will be difficult to determine the scope of this amendment until there have been some court decisions on the article, which virtually provides that the provisions of a home-rule charter shall supersede all state laws in conflict therewith. The Supreme Court has indicated in a previous decision that the home-rule amendment does not deprive the state of its police control in home-rule cities. That suggestion is in line with prevailing opinion and will probably guide the court when this new provision is tested.

Washington. The people of Seattle have been advised by the Supreme Court of the state (Dolan v. Puget Sound Traction, Light & Power Co.) that their legislative power under the initiative and referendum is not coextensive with the power of the city council. The court held that "the power to grant franchises is a sovereign power"; while it might be delegated by the state to a city, it is not within the power of the city unless expressly so delegated. In this case a franchise was granted violating the terms of the city charter reserving to the council or the people the right to acquire "all the property of the grantee within the limits of the public streets" without including any valuation for the franchise itself, and that "every ordinance making any such grant shall contain a reservation of these rights of the city council and the people." The ordinance in question did not reserve these rights. The court found the ordinance valid and the charter provision void, on the ground that the legislature had vested in the city the power to grant franchises, that granting franchises is a subject of legislative authority, and

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