Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1911-11-04
Is ALLEGED UNCONSTITUTIONAL
White Demands Proof Of Assertions
Made by Attorney.
GUARANT YTo STATES INVOLVED
Justices Must Define Republican
Form of Government.
LEGALITY OF TAXES QUESTIONED
lawyers Argue that System Carries
with 1t Violation of equal
Protection of the Laws"
Clause,

WASHINGTON, Nov. 3-The critical
manner in which the supreme court of
the United States today listened to argu-
ments that the initiative and referendum
method Of legislation in this country is
unconstitutional brought encouragement
to the friends of the system. Oral argu-
ments on both sides of the question were
completed before the court adjourned for
the day.
e. S. Pillsbury of San Francisco, and
r, r. Dunway Of Portland, Ore, were
heard in opposition to the method in two
Oregon cases When Mr.. Pillsbury re-
marked that there could not, with due
regard for the federal constitution, be
two legislative powers in a state, namely
the legislature and the people, Justice
Burton interrupted him:
What is a state constitution but an
organized act of legislation by the peo-
ple?' inquired the justice.
'"That is expressly what I understand
It to be-" responded Mr.. Pnlsbury.
''Then there is legislative power in the
people"
"To make a constitution; yes"
Mr.. Pills5ury suggested that the people
might put into their state constitution
anything not in conflict with the restric-
tions Of the federal constitution.
white Asks for Proof.
''What are the restrictions which you
claim are violated in this particular
Case?" inquired Chief Justice White.
1.-THE provision for a legislature"
The chief justice asked him to read It.
II cannot read it; 1t 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.
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 laws so
long as some persons were taxed under
initiative laws and others under legls-
lative enactments.
Attorney General Crawford OF Oregon
declared that the question of whether the
method violated the guaranty Of the
United States in the federal constitution
OF a republican form of government TO
every state was a political question for
CuuBIGSb " NSCiuC anu hON a JNN'Siet SAAS
for the courts to pass upon. He inquired
how the court would enforce its decision
IL congress and Oregon were opposed to it.
Frank S. Grant and William c. Ben
bow of Portland, Ore, spoke in the in
terest OF "home rule"
states Alone Interested.
George Fred williams Of Soston argued
that only a party to the guaranty to
states could ask the United States to
make good its promise that every state
should have a republican form of gov
ernment A corporation, he said, could
not do so, because the guaranty was to
the states.
II have heard no state objectlng to the
Oregon form Of government" said Mr..
Williams
Chief Justice White suggested that the
word form" in the constitution lent sup
port to Mr.. Williams Interpretation Of
the word guaranty"
jackson H. Ralston of this city con-
tended that the opponents of the method
were wrong in arguing that the word
republican" was used in the constitu-
ton as a synonym for representative"
He argued it was used in contract 20
"monarchical."
Justice Holmes suggested this interpre-
tation would be in conformity with rule
of logic.