The daily journal. (Salem, Or.) 1899-1903, 1903-06-10
Judge Sherwood De-
clareS it Against
the Constitution
Says the Initiative and Re-
ferendum Is in Conflict
with Section Eleven Of
That Document
CONTINUED from yesterday
(oregon Law school Journall

(Oregon Law School Journal)
We understand that It was the
practice with the people of the early
colonies, where their charters per.
mitted them 10 enact laws, to meet
in general assembly and vote directly
UPON the passage OF laws. That
when the people became more mum.
erous and we're distributed over
larger territory, II became impracti.
cable for them all TO meet In one
general assembly for the purpose OF
enacting laws, and that this was the
sole reason for adopting the repre-.
sentative system. We do not believe
that a single instance can be found
In the history OF our forefathers
where the direct voice OF the people
in the enactment OF laws proved pre-
judicial TO good government We do
not belive that the trainers OF the
Constitution considered that II was
dangerous TO permit the people 20
vote on their laws. or that they I'm.
tended TO prohibit the people from
voting directly upon the enactment
OF laws II practicable means could
be devised for obtaining such a vote.
We do not belive that they con.
sldered that representatives we're
better qualified TO know what the
people required. or that they would
enact laws more In the interest OF
the people. or that they were more
stable or less corruptible. Legisla-
lures had their records OF dIshon.
esty bribery and betrayal Of public
trust. which was we'll understood by
the trainers Of the Constitution. II
Is true. that the money power. trusts
and corporate greed were yet In
their infancy. They did not have
their armies OF trained lobbyists;
the art OF electing men 10 ONCE who
would serve them faithfully had not
then been practiced.
The learned Judge insists that a
republican government must be such
a government as "come up 20 the
standard OF such a form OF govern.
ment as understood at tho time OF
the adopting OF the federal constitu.
tion." And says that the Supreme
Court OF the United States interpret
Il in that light. Very well. let as see
how our forefathers have construed
the Constitution. In the New Eng
land states at the time OF the adop-
tion OF the Constitution and ever
since they have their township meet.
ings in which matters relating TO the
local government and laws OF such
township are submitted 20 a direct
vote OF the people. In Massschu.
sets. In all cities and towns Of
twelve thousand inhabitants or less,
the people assemble and vote direct.
ly upon the enactment OF laws for
their local government n these
practices were In direct violation OF
the Constitution. why were they then
tolerated. Why have they ever since
been tolerated? Shall we say that
the delegates and people OF these dif-
ferent states were ignorant Of the
subject they we're voting upon when
they adopted this clHuse Of the Con.
stitution. or shall We say that such a
construction was never intended by
It's framers? We can not believe
that the delegates and people OF
these states either In letter or in
spirit have knowingly or willfully
trampled under foot any Of the prin.
ciples OF the Constitution. These pa
triots have too many glorious records
in the heroic struggle OF Indepen-
dence 10 be attainted with such a
treasonable charge. Descendants Of
that little band from the Maynower.
Green Mountain Boys. Warren. Put
nam. Prescott. Stark Knowlton.
Brooks. Patriots Of Bunker Hin,
Trenton. Monmouth. Yorktown. Cam
den, Bennington. sartoga, and the
many other PLACES where you bled IN
the defense Of your country. lie SUI
in thy graves ana rest on In peace
for this great American Nation
which thou hast reared will never
permit your noble records to be
stained with such charges.
Nov keeping IN mind the fact that
there did exist a desire Of a consider
able number Of persons in this eoun-
try TO centralize the government
and 20 abolish state governments
ana 70 create mOnarchlcai form Of
government. Il appears 70 ua AZ least
that this Was the mischief whieh the
frsmers of our Constitution desired q