The Detroit times. [volume] (Detroit, Mich.) 1903-1920, 1911-01-09
|RO[lNG OhLEGttIIY
OFINITIAIH[ TO Be
FAR REACHING
Attack on Constitutionality of Popu,
lar Form Of Government Reaches
United States Supreme Court
of United States,
Oregon Corporation Claims State
Which Has 1t Does Not Have Re.
publican Type OF Administration.
BY gibson GARDNER.

WASHINGTON, ID. c., Jan. D.
Probably the most important case
which has recently come TO tAe
United States supreme court is tina
frcm Oregon, entitled: The Pacific
States Telephone & Telegraph Co
w The State of Oregon"
This is the case which involves tht
constitutionality of laws enacted by
the Initiative. An adverse decision
would be direct blow TO popular
government.
it will probably be a long time be
fore the actual decision of this case
Is reached. = The transcript has just
been filed with the supreme court
clerk; the appealing company has
not yet filed its brief, and the attor
neys for the popular government or
ganizations in Oregon will delay the
preparation of their brief until that
OF the appellant is on file.
The case is nominally an action TO
recover $10,450.6S, paid by the tele,
phone company under the gross earn
lngs tax law, passed in Oregon, June
I, 1906. The company brought suit
In the circuit court OF Multonomah-
co., and the law has been held 70
and the supreme court OF the state
Of Oregon.
The contention of the company is
that the constitution Of the United
States guarantees to every state a
Republican" form of government.
The appeal Is based on a bubble as
20 the use of the word Republican, .
the corporation lawyers claiming that
state which has the initiative and
referendum does not have a Republi.
can form of government. The pro.
ceedings OF the constitutional con.
yention will be quoted by the friends
Of popular government as throwiCs
light on this question
or course, what the men who made
the constitution meant by "RepublI.
can form of government" was a form
OF government where the political
power was vested in the people, as
distinguished from monarchical
form of government where the power
Is vested in king or aristocracy.
James Wilson of Pennsylvania, for
instance, said at the constitutional
convention: "A republic is govern.
fnent by the people. Representation
is made necessary only because 1t Is
impossible for the people to act col
lectively."
Thomas Jefferson, one OF the sign.
ers OF the declaration, gave this de
nnition Of the word republic" :,
Were to assign 10 this term
"a republic) precise and definite
idea, / would say purely and
simply that II means government
BY Its citizens en- masse, acting
directly and personally according
TO rules established by the ma
jority; and that government Is
more or less Republican in pro-
portion as IL has in its compost
ton more or less Of this ingredi-
ent Of the direct action of its
citizens. The further the depar.
ture from direct and constant
control Of the government by the
people, the less is that govern
ment Republican. Be
lieving as do that the mass OF
the citizens Is the safest deposit
tory OF their own rights, and
& especially that the evils flowing
from the duperies of the people
are less injurious than those flow
Ing from the egoism OF their
agents, am friend to that form
OF government which has in 1t
the most Of this ingredient of the
direct action OF its citizens.
George Washington said: THE
basis Of our republic Is the right OF
the people to make or alter their sys
TEN Of government at any time"