The morning Astorian. [volume] (Astoria, Oregon) 1899-1930, 1903-12-23
THE POWER OF THE PEOPLE.

SVLT ~ ttf- 49, -
In declaring valid the initiative and
referendum amendment to the consti-
tuition of the state of Oregon, the su-
creme court points ont emphatically
the power of the people. Those seeking
to defeat the amendment maintained
that it was in violation of that article
of the constitution of the United States
granting to each state republican
form of government; that, should the
people succeed in depriving the state
Legislature Of any of it's legislative
power our form of government would
not be republican.
The supreme court is very explicit
in pronouncing this idea incorrect. The
people. it says in effect, are the highest
legislative power, and if they see fit to
pass upon measures intended for en-
actment by the legislature it is quite
within their province to do SO. The
ruling on the point in question is in
teresting, and follows:
"The initiative and referendum
amendment does not abolish or de-
stroy the republican form of govern
nlent, or substitute another in it's
place. The representative character of
The government still remains. The
people have simply reserved to them
selves a larger share Of legislative
power, but they have not overthrown
the republican form of government, or
substituted another in its place. The
government is still divided into the
legislative, executive and judicial de-
partments, the duties of which are dis
charged by representatives selected by
the people. Under this amendment 1t
is true, the people may exercise a leg
islative power, and may, in effect, veto
'or defeat bills passed and approved by
the legislature and the governor; but
the legislative and executive depart
ments are not destroyed, nor are their
powers or authority materially cur
tailed. Laws proposed and enacted by
the people under the initiative clause
Of the amendment are subject to the
same constitutional limitations as 9TH
er statutes, and may be amended or
repealed by the legislature at will.
"The veto power of the governor is
not abridged in any way, except as to
such laws as the Legislature may refer
to the people, The provisions Of the
amendment that the veto power of the
governor shall not extend to measures
referred to the people must neces-
sarily be confined to the measures
which the legislature may refer and
cannot apply to acts upon which the
may be invoked by petition
The governor Is required under the
to exercise his veto power,
il at all, within five days after the act
shall have been presented to him, un-
less the general adjournment of the
Legislature shall prevent its return
within that time, in which case he shall
exercise his right within five days af-
ter the adjournment. He must neces-
sarily act, therefore, before the time
expires within which referendum by
petition on any act of the legislature
may be invoked, and before it can be
known whether it will be invoked or
not, Unless, therefore, he has right !
10 veto any act submitted to him, ex-
,ept such as the legislature may spec
ally refer to the people, one of the |
against hasty or ill-advised |
egislaton which is everywhere regard
"a as essential is removed-a result |
nanifestlE not contemplated by the