Page:American Journal of Sociology Volume 10.djvu/753

 POPULAR INITIATIVE 737

years after they were adopted. In 1870 the manufacturing can- ton of Zurich voted down a law, which had been passed by the assembly, limiting the working-time of factory employees to twelve hours a day, designated mainly to protect the women operatives, a measure also forbidding the employment of children of school years. The law was opposed by the workingmen, heads of families, who feared that under it the earnings of their wives and children might be somewhat decreased. This is one instance of the benign, altruistic spirit controlling a democracy. Fre- quently within the past few years wholesome factory and educa- tional laws have been voted down under the Swiss referendum. On the authority of Charles Borgeaud, a statesman and writer of high authority, the compulsory vaccination laws passed in the cantons of Zurich and Bern were also vetoed by the operation of the referendum. In Zurich, under the popular initiative, a law providing for capital punishment for the crime of murder was enacted, and almost immediately the minority that had opposed it circulated a petition, and by working up the popular feeling to a high pitch the law was voted down. This illustrates exactly how popular excitement may be kept alive by the scheme of peti- tions and public agitation, and how minorities may be changed into majorities by working upon popular sentiment.

Borgeaud also relates that some queer legislation has been worked into the national constitution by means of the initiative. One relates to the manner of slaughtering beef cattle. The agita- tion that resulted in this absurd piece of legislation in a constitu- tion grew out of prejudice against the Jews and their peculiar method of butchering. It is one of the laws born purely of spite and prejudice, and is merely an index which shows that the state constitutions of America would soon be burdened with monstrous class legislation, should class-hatred and discontent ever succeed in making such a method of legislation supersede the general assemblies.

It may be said that vicious legislation enacted in that manner would be checked by rulings of the courts. But it must be remem- bered that the whole power of the initiative is based upon the declaration that an affirmative vote on any measure is final; that