The Daily Ardmoreite. [volume] (Ardmore, Okla.) 1893-current, 1907-07-29

rs government administered 10y rep
rcsentauycs chosen or appointed by
the people or by their authority. Mr.
Madison says It is "a government
which derives all its powers direct.
or Indirectly from the great body of
the people. and is administered by
persons holding their offices during
pleasure, for limited period, or dur
ing good behavior The Fcdcralist,
3O2 And In discussing the section
Of the constitution Of the United
States now under consideration. he
says. iut the authority extends no
/ further than to a guaranty of re-
publican form OF government which
supposcs prc-cXisting government
/ Of the form which is to be guaranteed.
| As long. therefore, as the existing re-.
publican forms are continued by the
states, they are guaranteed by the
| federal constitution. Whenever the
states may choose to substitute other
/ republican forms, they have right to
do So and to claim the federal guar-
anty of the latter. The only restric.
ton in'osed on them is that they
shall not exchange republican Tor anti
republican constitutions Id 3i2
Now, the initiative aud referendum
amendment does not abolish or de
stroy the republican form OF govern.
mcnt or substitute another I'm It's
place The representative character
of the government still remains. Tn
people have simply reserved them
selves larger share OF legislative
power, but they have not oyerthrOwn
the republican forms of government,
or substituted another in i;s place.
The government is still divided into
| the legislative, executive and iCiicial
departments, the duties of which are
| discharged by representatives select
ed by the people. Under this amend
Inent, 1t is true, the people may eN"r-
else legislative powcr. aud u.ay, in
effect. veto and dl.cGt bills passed
and approved by the legislature and
| the Governor; but the Legislative and
executive departments are not de.
strcycd. nor are their powers or au-
| thority materially cufallcd. laws
rropos Il and enacted by the peopie
under the initiative clause of the
amendment are subject to the same
constitutional limitations as other
statutes. and may be amended or re-
pealed blythe legislature at WILL had'
derby vs.. Portland. A., Oregon, las;
a Pacific Reporter, 7l9.
That portion of Article 4. Section
(. OF the constitution of the United
States which is construed by the su-
preme court of Oregon relating TO the
initiative and referendum, reads as
follows: THE United States guaran-
tees to every state in the union a re-
publican form Of government
The initiative and referendum pro
vision as adopted and applied in the
state of Oregon was not drawn with
precision aud care. but the supreme
court vi Oregon put THIS construction
ON It In sustaining its constitutional
ity and In dcorecing that II was not
In Coutraycutiun of Sc. :. Art I, OF
the constitution of the United States.
Now when the Attorr y General ot
the United States submitted tor our
consideration the plea that the nitia
tive and referendum was couuar! 10 /
the constitution Of the United States, .
and the provisions of our enabling act, +.
10 was our sworn duty To 50 act II We /
honoahly could in such a way as to /
Inr the people OF the two territories .
statehood. and having the decision of I
the supreme court OF the state of ore. /
euu before us constituting the mitia .
tive and referendum as il was adopt .
ed and applied In tho state OF Oregon,
IL war our duty 10 follow It and es-
uecialy was this true when We were
committed TO the ductrin" that We
would give the people of this state
the initiative and referendum as Il.
was adopted and applied in the state
of Oregon. We would not have been
safe or sane representatives Of the
people In framing constitution II
We had not written ON that parchment
ia words SO precise that they could
not be misunderstood, the initiative
and referendum as il has been adopt
ed, applied and construed in the state
of Oregon. I'm view of the hostility of
the Attorney General at Washington.
And when We framed Section T.
Article 3, of the constitution. rs ~
is submitted 20 tue ptople, to be vo'
ed upon 10 this effect, toWit: "fhc F.
reservation OF the powers Of the IN.