The Washington times., 1911-01-31
Question of Republicanism
and Democracy Is
/ at Stake.
INVOLVES POPULAR
GOVERNMENT PLAN
Constitutionality of Law to Be
Passed on by Supreme
Tribunal.
BY JUDSON c. WELLIVER.

The Supreme Court is about to decide
the difference between republicanism
and democracy.
Not between the Republican and the
Democratic parties. But 1t is to sit, this
spring, on the great series of questions
involved in the Oregon plan of popular
government, and decide whether the
Oregon plan is constitutional.
The Oregon plan is democratic; it's
people admit it; it is defended as such;
and the question the court will have to
decide is whether it is also republican.
The Constitution of the United States
. guarantees to all the States a republi-
can form of government. Has the Ore
gan plan taken that away from them?
The Oregan plan is democratic: its
advocates admit it. Is it also repub-
IiCan?
democracy is defined by the Standard
dictionary as "the political system in
which the government is directly eXer-
cised or controlled by the people; gov
ernment by the people"
Republicanism is defined in the same
compendium as the system of govern
ment by elective representatives"
What Oregon Can Do.
Oregon has both; elective representa-
tives have certain powers of legislation,
but the people may negative those
powers; they may undo or they may
add to the Legislation which the elective
representatives pass. Oregon permits
the people to initiate their own laws,
and adopt, then; initiating by petition,
and adopting them by popular vote. No
elective representative has any part
in ii. On the other hand, Oregon has a
Legislature, elected by the people, which
can pass laws. The people can repeal,
under the initiative and referendum, the
laws passed by the Legislature, or they
can pass laws never thought of by it.
Is OTegOn'S, then, a republican form
Of government? If it isn't, the Supreme
Court is liable to put it out of business.
Situation Is Peculiar
1t is a most curious condition which
is presented in connection with the Ore
gon plan. Just at a time when that par
ticular method of government is spread
ing over the country at tremendous
rate, when it seems to have captured
many States. and when great national
movements are pressing for it in widely
separated communities, the very plan it
self must undergo the wise of the Su-
preme Court.
The whole initiative and referendum
movement is involved in the pending
decision of the Supreme Court. Wnlie
the countryS eyes have been on the
cases involving the Standard Oil and
other great corporations, almost no
popular attention has been given TO the
case which involves the very life and
death of the movement to demOcrauze
government.
Yet the case is shortly to be reached
in the Supreme Court; probably 1t Will
be disposed of within the present yeaE
Upheld By State Court.
The Oregon supreme court found that
the Oregon initiative and referendum
plan was within the constitutional re-
quirement of a republican form of gov
ernment. But the case has been brought
to the Federal supreme Court, and there
will be fought a battle which many of
the radicals of the country esteem the
most Important battle since the decision
in the Dred Scott case.
They say that if the Supreme Court
should decide that the Oregon plan IS
not republican, it will amount to an
effort to represS the Irresistible force.
Yet on technical grounds, there Is
good reason for uncertainty. The inita-
tive and referendum eliminate the leg
islatiVe middleman-the elective repre-
sentative" They give the people the
cratic, but under accepted and narrow
definitions ii may well be doubted if
they are republican.
Argument In It's Favor.
In favor of these plans, however. it
Is argued that the people have always
reserved an ultimate decision. Thus the
Constitution may not be amended by
the representatives of the people; il
must be submitted to referendum. In
the States, likewise, the Legislatures
may not amend the constitutions; the
people must pass on the proposition.
rTnis cid not appear to the makers of
the Constitution a serious contradiction
OF the republican" idea; then why
should the referendum as to laws?
=. That is the substance of the conten-
ton. The oregon plan people are
frankly concerned, though they profess
confidence that they will win. Oregon, |
Oklahoma, South Dakota, Montana, |
Maine Missouri, Arkansas, and Cali
fornia have all adopted the referendum
in some form; and all are concerned fl
the forthcoming decision.
Eminent counsel will appear. and the
case will be argued at length on both |
sides