East Oregonian : E.O. (Pendleton, OR) 1888-current, 1907-09-16

Oregon's initiative and referendum
amendment to the state constitution,
the direct primary law and every law
contrary to the constitution of the
United States are null and void and
will be declared so IL the charges
made by the Pacific States Telephone
& Telegraph company In Portland are
upheld by the courts. The attack on
the initiative amendment was made
by the telephone company in the cir
cult court Saturday and at the same
time the way was paved for an appeal
to the supreme court of the United
initiative and referendum In Oregon
may finally be determined.
The questions as to the federal con-
stitution are raised in the suit brought
by the state to compel the telephone
company to pay $9500.62 as per
cent on their gross earnings under
the act initiated by the people in
June, 1906.
Alleges Act Is Invalid.
The company filed an answer to
the suit in the circuit court, alleging
that the act levying the tax is invalid
because 1t was initiated and the
initiative amendment violates eight
sections and the fourteenth amend
ment of the constitution of the United
States, the thirty-second section of
the constitution Of Oregon. and stat
utes enacted by congress and the leg
islature of Oregon.
1t is alleged that the Initiative will
destroy the legislature of Oregon
and is contrary to the implied pro-
vision of the federal constitution that
the governments Of the several states
shall be republican in form. and that
each of the states shall create and
maintain representtive legislative as.
semblies. Violations of sections and
articles of the constitution are speci.
fled as follows:
That the initiative purports to ere.
ate a legislature Of the people or en-.
tire mass of voters of Oregon, making
1t impossible to determine the quail.
fications necessary for representative.
In the Oregon legislature, and there
fore the qualifications for represen.
tatives in congress, violating articl,
l, section 2, which says:
The house of representatives shal
be composed of members chosen ever,
second year by the people of the sew
eral states, and the electors in eacl
state shall have the qualifications re
quisite for electors of the most nu
merous branch of the state legisla
, ture.
Threatens All of Peoples Laws.
The Oregon Daily Journal says O
the effect of the suit filed by tn
telephone company:
NO more important and more ia
reaching legal contention has bee,
, advanced in this state for many wear
than that presented Saturday by tn
Pacific States Telephone & TELEGRAPH
company, in its assault upon the va
idity of the initiative and referendum
amendment to Oregon's state consti
tuition.
II the contention of the telephone
company Is upheld by the courts. tn
effect will be to overthrow not onr
the laws enacted through the initia
tive In June, 1906, but also to nulli
fly the direct primary law and tn
local option law, which were adopte,
py popular vote In June, 1904.
The questions raised go apparentl-
to the root of the question whethe
the Initiative and the referendum ca,
be incorporated into the America,
system of government. Voters O
Oregon have proceeded upon the the
ory that this can be done and the
have exercised the powers both O
a number of important measures. I
Is now asserted by the San Francisc
, attorneys of the telephone compan,
that the amendment to the state con
, stitution, giving the people these ex
traordinary powers, is In violation O
the constitution Of the United States
| PENNSYLVANIA ANTHRACITE
/, /, COAL $3.50 PER TON. OREGor
4