Daily capital journal. (Salem, Oregon) 1903-1919, 1905-01-18
CALLS
THEM
DOWN
Governor Chamberlain Insists
Upon Referendum
Clause

Gentlemen Of the Senate and House o
b Representatives:
Under the amendment to the consti
tuition Of the state Of Oregon, adopte'
June ., 1902, the people reserve y
themselves power, at their own option
10 approve or reject, at the polls, an.
act Of the legislative assembly. Thi
i lpower. known as the referendum,
may be ordered except as to laws nee
essary for the immediate preservation
of the public peace, health or safety
either by the petition signed by five
per cent of the legal voters or by the
Legislative assembly as other bills are
enacted.
Petitions to refer acts passed by the
Legislature must be fled with the see
retary Of state not more than 80 days
after the final adjournment Of the leg
islative assembly which passed the bill
on which the referendum is demanded.
The plain intent Of this reserve pow
er was to enable the people of the state
to have referred TO thm directly for
their approval or rejection any act Of
the legislature which, IN the opinion of
at least FIVE per cent of the legal vot-
ers, should not find permanent lodg.
ment on the statute books Of the state,
except as to laws necessary for the i'm
mediate preservation of the public
peace, health or safety.
The supreme court Of this state has
practically held that it is the legisla.
tive province to declare an emergency
clause, which acts are necessary for
the immediate preservation of the pub
lie peace, health or safety, and in the
exercise of this power it seems to me
that great care should be used by the
legislature to avoid attaching an
clause to any bill which is
not clearly and distinctly for the pur-
pose of preserving the public peace,
health or safety of our people.
My attention has been called to the
fact that many, if not a majority of
The bills which have been introduced
m both the house and senate have an
clause, declaring such bills
o be for the immediate preservation
4 the public peace, health and safety
# the people. Thus in effect, cutting
m the right 10 have such laws referred
o the people. As matter of fact, no
lw can have for its object the immedi.
te preservation of the public peace
Mess it be 10 prevent invasion, insur
eetion or war; no law can have for its
bicet the immediate preservation Of
he public health unless IL bee TO pre-
eut the introduction of some plague
r the spread of some contagious or in.
'Ctious disease, and mo- law can have
,r its object the immediate preserva-
on of the public safety unless it be-
) prevent riot or mob violence. or
'methiug calculated 10 bring about
'eat destruction of life or property. 1
/ ann bound 10y the same oath of of
a as You and other officers OF the
ate, 90 support the constitution in
tier and iu spirit, as I understand il. II
"a following the construction hereto
re given boy the courts and the people,
constitutional provisions like the
e under consideration, I shall feel it III
y duty To refuse 10 give my assent
any act containing the emergency
'use referred 10 unless 1t is clearly
parent that the emergency is immc.
ate within the letter and spirit Of
IS amendment 60 the constitution
e people of the state should have the
,ht 90 avail themselves OF the refer :
dunn clause iu tho constitution I'm an
'cs except those clearly intended to ,J
embraced within the execution
ated ; have the honor Co remain
Yours respectfully.
lslgucd) Geo. A. CHAMRFRT AIN