The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1911-10-22
at Test Case Watched the Country Over, Will Decie
&c n -
81 joins EIrRErr wArK1xs.

w denlHS Ion, ~. u.
HE muoh-mooted initiative and
referendum" by which the peo-
pie of State take tho law
making power out of the hands OF the
legislature. will, within few weeks.
be on trial for It's Life before the Su-
preme Court Of the United States.
which will decide whether that new
method Of popular government shall
live or die
Tens OF millions OF people will await
the highest tribunals verdict with an
interest not now bestowed upon any
other political issue. unless II be the
tarifr. Nine States have already
adopted this direct method OF govern
ment through constitutional amend
Hent, and in eight others she Legis-
latures have submitted It as q consti-
tutional amendment, although the peo-
pie nave not yet voted upon 81. 1t Is
a question which ia being threehcd
over In overy city mart and crossroads
store OF tho land. The Supreme Courts
decision as 10 whether IL shall live or
die as method OF iegislating for an
entire State will have constderab
effect upon the next presidential cam
paign. Whether the court Will spare
Its neck, as It ala that OF the corpora
ton tax law, or whether II will send
1t to the gallows, as 81 did the fam
Gus income tax law. remains to be
seen When the hearing begins. prob
ably early in November. legal lumi-
naries of tho first magnitude will DO
aligned on each aide within the bar
OF the court which has the ANAL word
as to what shall or shall not be the
law of the land.
From neferendum's birthplace.
This great test case comes out OF
Portland. Oregon. within few miles
OF the hamlet where. less than score
OF years ago. the initiative and re-
ferendum combination, as an instru-
inent for passing State laws. was frat
agitated before a Farmers Alliance
lodge. whence the doctrine-then new
10 America-spread through the land.
at FIRST but smofdering ground FIRE
that made little smoke. and then with
a ekyward burs. OF fame that pol!ti-
clans are both feeding and fghtinE.
Nine years ago a majority of voters
Of Oregon adopted an amendment to
their Constitution, declaring that "the
people reserve to themselves power to
propose laws and amendments to tho
Constitution and to enact or reject the
same at the polls. independent OF tn
legislative assembly, and also reserve
power at their own option to approve
or reject at the polls any act of lesis-
iative assembly"
IT was enacted that s per cent of
tho legal voters of the State might
initiate any now law by petition. and
that per cent. might order a referen-
dun OF the measure thus initiated
might refer It to the voters for APP
proral or disapproval. The amend
ment also provided that the veto
power OF the Governor shall not ex-
tend to measures referred to the peo-
ple'
law enacted directly by the people.
by the initiative and referendum sys-
TEN. in 1906 imposed state license
tax OF per cent. upon the gross re-
reipts OF all express. telephone and
telegraph companies doing business in
Oregon. A Portland corporation. known
ss the Pacific States Telephone and
Telegraph Company. decided TO test
the copstitutional!ty of the initiative
and referendum law. and >refused to
paY- So the State sued for the s1o,-
$50 claimed for the license tax and
the test suit commenced In the Ore
gon courts. in which the company has
lost and from which II has appealed
70 the tribunal OF final Jurisdiction.
the Supreme Court OF the United
States
Why Deemed Unconstitutional.
The company claims that the ipitia-
tivs and referendum system. under
which tho tax law was passed. not only
violates the State, but the Federal
Constitution, and 1t IS tAis latter
charge that is OF vital interest to the
public at large, since the decision will