RECALL 



1948 



RECEIVER 



serious menace. The rebellion failed because 

 Papineau and Mackenzie misjudged the feelings 

 of the majority of the people. The rebels were 

 representative neither of the French-Canadians 

 nor of the Reformers. The rising gave reform 

 a temporary setback, yet it had at least one 

 important and favorable result. It caused the 

 British government to send the Earl of Durham 

 (which see) to Canada. Durham issued a re- 

 port which is perhaps the most remarkable 

 document in the history of Canada. Its result 

 was the Act of Union of 1840 (see UNION, ACT 

 OF). W.F.Z. 



RECALL, THE, an advanced principle in 

 government which makes it possible for voters 

 to deprive a man of a public position before 

 the end of the term for which he is chosen. It 

 had its origin in the theory that what the peo- 

 ple have done they have the right to undo, pro- 

 vided they find they erred originally. 



The voters put into office a man who prom- 

 ises to conduct affairs pertaining to his position 

 with honesty, discretion and such ability as he 

 possesses. Sometimes after he is seated obliga- 

 tions mean less to him than personal ambition; 

 possibly he cannot resist the insistent pressure 

 of special interests, demanding favors to which 

 they have no right. By the operation of the 

 recall it may be possible to rid a community of 

 such an unfaithful official. Legislative authority 

 or constitutional provision must first legalize 

 the recall. It may apply to cities only, or its 

 scope may be broadened to include counties 

 and states. 



If it is desired to force an official from his 

 post a petition must be signed by the required 

 number of voters varying from twenty to 

 thirty per cent of those who voted at the last 

 preceding election whereupon the election 

 commissioners name a day for the recall and 

 election of a new official. The accused and 

 accusers each may place 200 words upon the 

 ballot, the one explaining why he should not be 

 recalled, the other giving reasons why the ac- 

 cused should no longer serve. The names of 

 candidates for the position appear with the 

 name of the incumbent whose post is in jeop- 

 ardy. The result of the ballot may vindicate 

 the incumbent, in which case he will retain his 

 place until the end of his term. If the ma- 

 jority expresses a lack of confidence in him and 

 gives another man a larger vote he is auto- 

 matically unseated, and his successor at once 

 assumes the office. 



As first put into operation, the recall applied 

 only to officers elected by direct vote of the 



people, but it is gradually widening its scope to 

 include appointive positions, and even to the 

 recall of judges. The best sentiment appears 

 to be unfavorable to the latter provision, for it 

 might seriously affect the independence of ju- 

 rists and incline them towards decisions which 

 might be popular but not just. 



Switzerland originated the recall over a cen- 

 tury ago. In America the first recall law was 

 adopted in 1903 by Los Angeles, Cal.; the sec- 

 ond city to favor it was Seattle, Wash., in 1906. 

 Other cities, to the number of over a hundred, 

 and nearly twenty states, had adopted the 

 measure before the end of 1917. See INITIATIVE 

 AND REFERENDUM. E.D.F. 



Consult Phelps' Selected Articles on the Recall; 

 Beard's Documents on the Initiative, Referendum 

 and Recall. 



RECEIPT. George Evans, a retail grocer 

 in Muncie, Ind., sold goods to Charles Miller, 

 on account, with the understanding that Miller 

 should pay his account the first of every month. 

 On Oct. 1, 1917, Miller's account amounted to 

 $15.75, which he paid in cash, and for which 

 Evans gave him the following receipt: 



$15.75 Muncie, Ind., 



Oct. 1, 1917. 

 Received of Charles Miller 



Fifteen and 75/100 dollars 



In full of account to date. 



GEORGE EVANS. 



We learn from the above statements that a 

 receipt is a written acknowledgment of the pay- 

 ment of money. It is also a written acknowl- 

 edgment of receiving any property named in 

 the receipt. Receipts are of three kinds: re- 

 ceipts in full, like the one above; receipts on 

 account, given when only a portion of the 

 amount due is paid, and receipts to apply on 

 special accounts. A receipt should always show 

 whether payment is made in full, on account, 

 or on the special account to which the payment 

 is applied when there is more than one account 

 between the parties. A receipt should be given 

 whenever an account is paid. A bill marked 

 paid constitutes a receipt. No receipt is re- 

 quired when a note is paid, since the canceled 

 note is the receipt. 



RECEIVER, rese'ver, one who is appointed 

 by a court to have custody, management or dis- 

 posal of property under litigation or of prop- 

 erty owned by an incompetent person. The 

 conditions most frequently leading to a receiv- 

 ership are these: 



1. Incompetency, that is, cases in which prop- 

 erty is held by a person under legal age to act 



