Rock Island Argus., 1911-11-04
VICTORY is HOPE
FOR INITIATIVE
Friends Find encouragement
in Critical Questions of
Supreme Court.
SHOWS PEOPLES POWER
Judge Interrupts Attorney to Point
That Cons tuition Is Act of
Legislation

" dSlluSsOD- NOV 81 ne CIllCai
manner in which the supreme court of
the United States yesterday afternoon
listened to arguments that the initia-
tive and referendum method of legisla-
tion in this country was unconstitu-
tional brought encouragement to the
friends of the system. Oral arguments
on both sides of the question were
completed before the court adjourned
for the day.
L. s. Pillsbury of San Francisco and
r. r. 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 consti-
ton, be two Legislative powers in a
state. namely, the legislature and the
people, Justice Lurton interrupted
him.
SHOWS PEOPLES POWER.
What is state constitution but an
organic act of legislation by the peo-
ple?" inquired the justice.
That is expressly what l under
stand it to be-" responded Mr.. Pills
bury
Then there is legislative power in
The people"
ITO make a constitution; yes"
Mr Pillsbury suggested the people
might put into their constitution any
thing not in conflict with the restric-
tiOns OF the federal constitution.
What are the restrictions which
YOU claim are violated in this particu-
lar case?" inquired Chief Justice
White
The provisions for Legislature"
The chief justice asked him 10
read it.
I cannot read it; it is implied in a
dozen places" said the attorney.
/ And, also, the constitution has been
construed by this court to imply that
there must be a legislature"
The chief justice asked for the cases
/ in which the point had been in issue,
but the attorney did not give them.
ALLEGE UNEQUAL PROTECTION.
1t was further argued that taxes i'm
posed under the initiative method were
not by due process of law" and vio-
lated 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 argued that the question whether
the method violated the guaranty of
the United States in the federal CON
stitutiOn of a republican form of gov
ernment to every state" was political
question for congress to decide and not
a judicial one for the courts to pass
upon. He inquired how the court
would enforce its decision If congress
and Oregon were opposed to 1t.
GUARANTY, TO STATES.
George Fred Williams of Boston ar
gued that only a party 10 the "guaran-
ty,' 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 guar
anty was to the states
Chief Justice White suggested that
the word form" in the constitution
lent support to Mr.. Williams interpre-
tatiop of the word guaranty"
Jackson n. Ralston of this city con
tended that the opponents of the meth
cd were wrong in arguing that the
word republican" was used in the
constitution as a synonym for "repre-
sentative He argued # was used in
contradistinCtion with "monarchiaI." b"
Justice Holmes suggested this interpre-
tation would be in conformity with a
rule Of logic.