The labor world. [volume] (Duluth, Minn.) 1896-current, 1911-11-11
COURTS MAY SU|STA AIN I'm.
LAWS ON INITIATIVE.
Critical Attention Given Case by
Supreme Court Has Peculiar
Significance.
Alleged Violation Of Constitution
Political and Not Judicial
Question.

WASHINGTON, Nov. 9.-The criti-
cal manner TN which the supreme
court of the United States yesterday
listened to arguments that the initia-
tive and referendum method Of legis-
lation in this country is unconstitu-
tional brought encouragement to the
founders of the system. Arguments
on both sides of the question were
completed.
E. S. Pillsbury of San Francisco and
r. R. Duniway of Portland, Ore,
were heard in opposition to the meth
cd in two Oregon cases.
Legislative Power of People.
When Mr.. Pillsbury remarked that
there could not, with due regard for
the federal constitution, be two legis-
lative powers in a 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-
ple?"
THAT is expressly what I under
stand it to be-" responded Mr.. Pills.
bury.
Then there is legislative power in
the people?'
ITO make constitution, yes"
Implied, Says Attorney.
Mr.. Pillsbury then suggested that
the people might put into their con-
stitution anything not in contrast with
the restrictions of the federal consti-
tuition.
What are the restrictions which
you claim are violated in this par
ticular case?" inquired Chief Justice
White.
''The provision for legislature' }
The chief justice asked him to read
it.
II cannot read it; it is implied in
dozen Places" said the attorney.
"And also, the constitution has been
construed by this court to imply that
there must be legislature.''
The chief justice asked for the cases
in which the point had been in issue,
but the attorney did not give them.
Taxed by Illegal Process Of Law.
It was further argued that taxes
imposed under the initiative method
violated the equal protection Of the
laws" so long as some persons were
taxed under initiative laws and others
under legislative enactments.
Attorney General Crawford Of Ore
gon. declared that the question of
whether the method violated the
guaranty of the United States in the
federal constitution of republican
form of government to every state"
was political question for congress
to decide and not judicial one for
the courts to pass upon. rsH
Friends OF Initiative.
Frank S. Grant and William A.
Banbow Of Portland, Ore. spoke in
the interest of "home rule" George
method we've wrong in arguing that
only a party to the "guaranty' the
states, could ask the United States to
make good it's 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
lent support to Mr.. Williamss' in
depreciation of the word guaranty"
Jackson H. Ralston of this city
contended that the opponents of the
method were wrong i arguing that
| the word republican" was used in
the constitution as synonym for
Representative" He argued it was
| used in. contradistinction with mon
| archial," Justice Holmes suggested
| this Interpretation would be in con-
fQrmitY with a rule of loRic.