Polk County observer. (Monmouth, Polk County, Or.) 1888-1927, 1910-06-07

ner M lof the people. 1t turns them to ]
habits Of legality 1t strengthens
tba;r conservative instincts, their
sense Of the value Of stability and per- {
manence in political arrangements. ~
attaches them by pride and reverence
10 those fundamental truths upon
which the Constitution is based.
State Constitutions Compared.
a state constitution is not only IN
dependent of the Federal Government
and its Constitution Except that It's
provisions must not violate the pro-
visions of the latter instrument or tne
laws enacted by Congress), but y ls
also the fundamental organic law OF
the state itself. What ! have SAID
about the worth and strength OF the
Federal Constitution applies wlth
eoual force to the state constitution,
subiect to the restrictions above noted.
tn each one of the United States, there
exists a state commonwealth, by virtue
of IFS own constitution, and all stare
authorities are creatures OF and sub
;ecf to the state constitution. Inc
neorle of a state retain forever IN
their hands. altogether independent OF
the Federal Government, the power OF
altering their constitution, subject
onlv to the guarantee contained IN
/ the Federal Constitution) OF a repup-
Ican form of government, and the re-
striction against any provision that
would. in any way, exercise powers
expressly or impliedly prohibited 10
Che states bv the Federal Constltutionc: :
Before concluding the discussion Of
this phase of my general subject, II
remains for me briefly to mention that
extraordinary development OF the
| modern state constitution. The orig
: NAL constitutions of the states, not
Eonly of the original thirteen colonies
Int also of the thirty-three states ad-
a mitted to the Union since 1883, nave
e with few exceptions, been recast; ~
some instances five, six and even sever
q times. The only states that have mol
t recast or revised their constitutions
2 are Colorado, Idaho, Maine, Massa
h ehusetts, Minnesota, Montana, Neva
# da. North Dakota, Oklahoma, Oregon
"a Rhode Island, South Dakota, Utah
I Washington, Wisconsin and Wyoming
!, OF these sixteen states, eight nav
10 been admitted to the union less tha'
a twentv-five wears, and therefore ar
+ being governed by modern-day cons.l
IN tions. Since Oregon s admission to tn
a. Union in 1859, thirty-three states hav
Il either come into the Union with ne'
10 constitutions, or revised the ones Ill
der which they were being governed
The latest of the older states to II
wise their constitutions were Alabama
he Delaware. Kentucky, Louisiana, Mlel
on iean, New Hampshire, New YORK, an
ch Virginia. Besides these new constlt'
he tions which have been adopted, thel
q have been numerous constitution
,ly amendments proposed and adopte
IRE From 1901 to 1909, two hundred al
5" eiehty-two constitutional amendmeh
ar were adopted by the people OF the va
I'll inns states, and one hundred al
is twenty-five were rejected. A large pr
og- portion Of these amendments we
lie /; submitted by the various state leg
,ol- latures. but in number OF instance
ers particularly in Oregon, amendmer
ion were proposed by initiative petite
on. Because of the great mass OF det
,ul- now introduced into most OF our stf
the constitutions, and because OF the Ii
it that many Of them contain much M
an ter of private law, frequent amer
ant. ments have become necessary IN ore
,cu- to adjust constitutional provisions
tbe changing conditions. The tendency
ong embody statutory matter in state G.
for stitutions continues and the farth
Our noint vet reached in this developm
itu- Is represented by the constitution
; it Oklahoma, which provides, am'
oeo- numerous other things, the tests TO
the applied to determine the purity
wei Kerosene oil. This remarkable do
to mcnt covers 175 pages. 1t should
Con said. however. that the conshtnt
of recently adopted in the State OF MI
min igan is an exception to the gene
,ugh tendency in that it confines III
niza rather closely to matters that may
pub termed constitutional.
re- I shall now endeavor to prove
nre- Oregon has, at the present time, pl
neo- tically no constitution. Heretofore,
itrn- really fundamental distinction bet"
.rre- statutes and constitutional amt
/, su- ments in the different states has
h ~ that amendments were required tt
d in submitted to the people, while stat
the were frequently submitted to
tate. ular referendum. Constitutional lt
ram lation was. according to the natur
the THINGS. much more difficult than
. II utorv legislation and involved a q
cient er participation on the part OF
> de- people. Oregon, Missouri and Okl
re- ma now place constitutional leg
20 ~ t;on under the initiative, and in n
arae- other states the real distinction
: de- tween amendments and statutes IS
the appearing. The Initiative and Il
IL ths endum amendments adopted by
: a voters Of Oregon in 1902 and by
5;t;on electors of Missouri in 1908. pf
at To the adoption Of constitutional an
hs re- ments and statutes in precisely
poses same manner n. e. upon 'e,l.'.
3 of s per cent of the electors OF the
n tbe on the basis of the vote cast To-
4 bv nreme Judge at the last general
,t;ons tionA and an affirmative vote by
70 leo ioritv of those expressing their
these npon the question at the polls.
clear amendments and statutes may h'
al de- posed by Initiative petition and a
III we Ell bv vote of the people, Inde
ose 81 emf Of the legislative bodies. Tn
Our lahoma constitution requires IN
test Of natures of 8 per cent OF the vote
often ar Initiative law and ID per ce'
,uds of a constitutional amendment Mo
and Maine have adopted the Int
& Vol. method for statutes. but constltn
.alth 4" amendments must be proposed
legislature. and then only after
he In thirds vote Of both houses. y
,enders whole. the adoption Of the Int
,nposes and Referendum Is breaking
% II distinctions heretofore made b.
! n the processes Of legislation an
,slv he sfitutional amendments Orege
- 1f;..c,,rs r,raaqnfs the most eoI