Bisbee daily review., 1912-02-22
THE INITIATIVE AND REFERENDUM.

The decision of the United States supreme court in the appeal of the Pacific States Telephone com pany, will not generally be surpris. ing to lawyers who have followed this litigation with deep interest for the last eighteen months. It could not have been surprising to Mir Pills. bury himself. chief counsel for thc appellant, for he has privately stated that he feared that the court wouiI avoid possible embarrassment by plac- ing upon congress the responsibility for determining whether the state oi Oregon possesses s republican form of government; that the question be. fore the court was political and no judicial
 It was never expected. of course that the court would pass upon the merits of the principle of direct leg isation. but it has avoided even a de. termination of the constitutionality of it. The friends of direct legisla- ton have, however gained this point: they have nov nothing to fear from the supreme court.
 The court was not without excuse in reaching it's conclusion. It hac before 1t the Dorrs Rebellion case and many others. It had also before it many earlier opinions which would have warranted it in reaching an CT tirely different conclusion. Perhaps, if the opinion had been handed down a year ago or two years ago. it would have been held that a system of di rect legislation was not consistent with a republican form of govern inent It is known that a majorlty Of the court is opposed to the prin cipie as inadvisable. Mir. Justice Llr ion in a recent article strongly al tucked it, not. however. on constita- tional grounds.
 The opponents of the initiative and referendum have always treated tine question of the constituuouality Of the system as only incidental to the main question of it's advisabiiity. Tha; it would be held constitutional was always regarded by them as a pos siLility. But it was their contention that direct legislation was unwieldiN experimental and that the results were apt to be vicious. In this con tention, We believe that the test, as il has been made in Oregon. gives them the best of the argument.
 The chief objection. except the cb- lection on principle, to direct legisia- ton. has been that under the Ore
 
 eon plan, no opportunity is given for consideration or amendment. Ths chief argument in behalf of it is thai it puts into the hands of the people the power to compel, on one hand and to restrain. on the other, cor ,,,r,,fhIa lapisIatures
 While We may doubt whether direc. legislation has come 10 spread or 10 stay. the decision Of the United States supreme court has given it, if not standing. at least immunity. and t may be suggested that the Oregon plan be so modified as 10 meet tho objections Of opponents of the initi ative and the referendum and yet. al the same time, leave in possession oi the people all the power the Oregon plan contemplates.
 In some of the Swiss eantons there is system quite similar to what has been called in this country the Wisconsin plan. Under it, by peti ton d bill may be proposed by the people. l. is then sent to the legis- latdre whose course respecting it is prescribed by law. Within a specl fed time the bill must be referred to a committee which shall give hea. ings, with the amplest Opportunitj fer consideration and amendment The language may be reoonciled. ThA committee must report he bill witl.