ut West Virginia and Nebraska retained at the end of the
century their first bases of government. In some of these cases,
however, copious amendments had rendered the constitutions in effect
new.
As a rule the new constitutions reserved to the people large powers
formerly granted to one or more among the three departments of
government. Most of them placed legislatures under more minute
restrictions than formerly prevailed. The modern documents were much
longer than earlier ones, dealing with many subjects previously left to
statutes. Distrust of legislatures was further shown by shortening the
length of sessions, making sessions biennial, forbidding the pledging of
the public credit, inhibiting all private or special legislation, and
fixing a maximum for the rate of taxation, for State debts, and for
State expenditures.
South Dakota, the first State to do so, applied the initiative and
referendum, each to be set in motion by five per cent. of the voters, to
general statutory legislation. Wisconsin provided for registering the
names of legislative lobbyists, with various particulars touching their
employment. The names of their employers had also to be put down. Many
new points were ordered observed in the passing of laws, such as
printing all bills, reading each one thrice, taking the yeas and nays on
each, requiring an absolute majority to vote yea, the inhibition of
"log-rolling" or the joining of two or more subjects under one title,
and enactments against legislative bribery, lobbying, and "riders."
While the legislature was snubbed there appeared a quite positive
tendency to concentrate responsibility in the executive, causing the
powers of governors considerably to increase. The governor now enjoyed a
longer term, was oftener re-eligible, and could veto items or sections
of bills. By the later constitutions most of the important executive
officers were elected directly by the people, and made directly
responsible neither to governors nor to legislatures.
The newer constitutions and amendments paid great attention to the
regulation of corporations, providing for commissions to deal with
railroads, insurance, agriculture, dairy and food products, lands,
prisons, and charities. They restricted trusts, monopolies, and
lotteries. Modifications of the old jury system were introduced. Juries
were made optional in civil cases, and not always obligatory in criminal
cases. Juries of less than twelve were sometimes
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