Weekly journal-miner., 1910-11-09
RADICALS PASS EXPERIMENTALS
Judge Delivers Eloquent Plea for Statehood Giving nanwae Evidence That the Initiative and Referendum Arc Unconstitutional And
 Would be so Construed by the Supreme Court

life, liberty or property without due
 process of law. All these several
 provisions of the Constitution must
 be construed in connection with the
 other parts of the instrument, and in
 the light of the surrounding circum-
 stances
 "The guaranty is of a Republican
 form of government. No particular
 government is designated as Repub
 lican, neither is the exact form to
 be guaranteed, in any manner es-
 pecially designated. Here, as in
 other parts of the instrument, we are compelled to report elsewhere to ascertain what was intended. 'The
 guaranty necessarily implies a duty on the part of the States themselves
 to provide such a government. All the States had governments when the
 Constitution was adopted. In all the people participated to some extent, through their representatives elected
 in the manner especially provided. These governments the Constitution did not change. They were accepted precisely as they were, and it is, therefore, to be presumed that they were such as it was the duty of the States to provide. Thus we have un- mistakable evidence of what was Re publican in form, within the meaning of that term as employed in the Con stitution. The Constitutions of the States referred to by the Court made no provision for government by the people directly but were essentially representative and Republican in form.
 ct may be said that these ex- pressions of the Court are dicta, but the Court even by way of illustra- tion or as a dictum rarely expresses itself save after careful considera- tion of it's expressions The ques- tiOn of the constitutiOnality of the Initiative and Referendum is now pending in that Court in the case of State vs. Pacific States Telephone and Telegraph company, 99 Pacific, 421, on appeal from the Supreme Court of Oregon, and I am advised Court, and cannot, by any pOssibil- ity. be heard before next Spring, and in all probability will not be reached for hearing before next Fall, and the decision of the Court can scarcely be expected in its present somewhat disOrganized condition, be- fore the following Spring.
 "The Enabling Act in express terms requires that our Constitution shall be Republican in form, and it would be ridiculous to assume the President, himself a great Constitu tional lawyer, would approve a Con- stitutiOn containing these debatable while a case involving the of such provisions is pending in the Supreme Court of | the United States, and we must look | for delay in the Presidents approval | of such a Constitution until at least a year from next Spring, and in the event the decision is announced af- ter the adjournment of Congress, | the required joint approval of the President and Congress will de- | layed for upwards of two years. If | that decision be adverse disapproval | will follow as a matter of course. That it will be adverse I believe tU have been clearly fOreshadowed by the existing expressions of the Court. In such event the people will hear no excuse from those who have been following their instructions in given. Results alone count. It has been said the voice of the people resembles the voice of God. Let me again urge you to sub nit the question fairly to your con 'tituents and ask to be released from your instructions. Failing in this, acting upon your present instrue- lions, I prophecy you will find the wrath of a disappointed people won ierOusly like the wrath of God and sooner felt.''
 + !. !. !. T. i. !. I. T. 4 + + T. RICH STRIKE MADE