Page:The Referendum and the Recall Among the Ancient Romans (Abbott, 1915, hvd.32044080048069).pdf/9

Rh munity felt a lively interest were laid before the people also as they are to-day in South Dakota and Colorado. In one important respect the ancient system differed from the modern in its operation. The formal institution of the initiative based on the presentation of a petition signed by a certain percentage of voters was unknown under the Roman constitution. But a similar result was secured by another device. The ten tribunes had the right to sit in the senate and veto any action of that body, and usually some one of them could be found to give expression to the opposition of a reasonable number of voters, and block any action which the senate contemplated in opposition to popular sentiment. If no tribune objected, the action of the senate was accepted as binding in law. When it was felt that a measure should be submitted to popular vote, a magistrate was instructed so to submit it. As in our referendum states, the proposed measure was published a certain number of weeks before the day of voting came, and the Roman people were required to vote "Yes" or "no" on it, with the privilege of introducing amendments. Even the type of questions which could not be submitted to direct legislation suggests our own practice. Appropriation bills, for instance, and urgent matters were reserved for the senate, as they are reserved for the legislature with us in the states where the principle of direct legislation has been adopted.

In all respects save one, the ancient institution of the referendum resembles the modern. The point of difference between the two lies in the fact, as we have seen, that under the Roman practice all measures, with a few negligible exceptions, were initiated in the senate, whereas with us measures do not require the preliminary action of the legislature. Even this distinction was obliterated in the fateful tribunate of Tiberius Gracchus of 133 Finding that he could not secure the support of the senate for an agrarian bill on which he had set his heart, Tiberius brought it before the people, against the wish of the senate, and secured the passage of his proposal in the popular assembly. By this step the development of the referendum in its modern form was complete. The precedent which was thus set by Tiberius Gracchus was followed by his brother,