The evening times. [volume] (Grand Forks, N.D.) 1906-1914, 1911-11-04
Believed Careful Attention of
Supreme Court Indicates
Upholding of Laws
STATE CONSTR Say IS
ORGANIC [Rnrs. s;ssstsp|I s;st.'!'
Justice Lurton Indicated His Views Of
the Theory of Double Legislative
Power in the State as Contrary to
the Federal Constitution.

Washington. Nov. 4.-The critical
manner in which the supreme court OF
the United States listened to argu.
ments that the initiative and referen-
dunn method of legislation in this
country was unconstitutional. brought
announcements to the founders of the
system. Arguments on both sides OF
the question were completed before
the court adjourned.
e. S. Pillsbury of San Francisco, and
r. B. Duniway Of Portland. Ore, were
heard in opposition to the method in
two Oregon cases. When Mr.. Pills
bury remarked that there could not
with due regard for the federal con-
stttutton. be two legislative powers In
state. namely the legislature and the
people, Justice Lurton interrupted him
with the question:
What is state constitution but an
organic act Of legislation by the peo.
THAT is expressly what 1 under
stand Il to be-" responded Mr.. Pills.
bury"
Then there is legislative power in
the people?"
To make a constitution, yes"
Mr.. Ptllsbury then suggested that
the people might put into their con-
stitution anything not in contrast with
the restrictions of he federal consti-
tuition.
What are the restrictions which
you claim are violated in this partic-
ular case?" inquired Chief Justice
White.
'"The provision for a legislature"
The chief justice asked him to read
"1 cannot read it; it is implied in a
dozen places" said the attorney.
"And also. the constitution has been
o6 NV ,r< 70 TN, ~ a
there must be a legislature"
The chief justice asked Cor the cases
In which the point had been in issue,
but the attorney did not give them.
1t was further argued that taxes i'm
posed under the initiative method
were not by due process of law" and
violated the equal protection Of the
taxed under Initiative laws and others
under Legislature on"t ncnts.
Attorney. General ford of Ore
gon declared that the question OF
whether the method violated the guar
aLty Of the United States in the fed
eral constitution of Republican
form of government to every state. ;"
to decide and not judicial one for
the courts to pass upon.
Frank S. Grant and William A. PEN
bow of Portland. Ore. spoke in the in
terest Of "home rule" George Fred
Williams Of Boston, argued that only
q party to the guaranty" the states.
could ask the United States to make
good its promise that every state
should have a Republican form of
government. A corporation. he said,
could not do so because the guaranty
was to the states.
II have heard no state objecting to
the Oregon form Of government" said
Mr.. Williams.
Chief Justice White suggested that
the word form" in the constitution,
ant support to Mr.. Williams inter-
pretation Of the word guaranty"
Jackson N. Ralston. Of this city.
contended that the opponents of the
method were wrong in arguging that
the word Republican" was used In
the constitution as synonym for
Representative" He argued 1t was
used in contradistinction with "mon-
archial." Justice Holmes suggested
this Interpretation would be in con-
formity with a rule of logic.