Daily capital journal. (Salem, Oregon) 1903-1919, 1912-02-01

general elbcblOHs lNOuS VI lHS iVHbliS-
tlons Of the constitution shall apply
to measures approved by the people
declaring what shall be subject to tax
alton or exemption and how It shall
be subject TO taxation or exemption
and how II shall be taxed or exempted
whether proposed by the legislative
assembly or by initiative petition, but
the people OF the several counties are
hereby empowered and authorized to
regulate taxation and eemptlons With
in their several counties, subject to
> any general law which may be here
after enacted"
Article w, section 1 (a). 80 :
The initiative and referendum powers
reserved TO the people by this consti-
tuition are hereby further reserved 10
the legal voters Of every municipality
and district, as to all Local, special
and municipal legislation, Of every
character, In or for their respective
municipalities and districts. The man
ner Of exercising said powers shall be
prescribed by general laws, except that
cities and towns may provide for The
nlonner Of exercising the initiative and
referendum powers as to their mnlicl-
ral Legislation = ."
Much was said In the argument and
printed in the brief Of the plaintiff,
here, to the effect that we must con-
slider the design OF the initiative sys-
tenn in general and the sections under
consideration In particular as affect
Ing the canon OF construction to be
applied to the matter at issue The
essence OF the argument for the petit
toner ls that the general purpose Of
the whole system was to restore pollt-
ical power to the people This argu-
ment Is fallaclous and misleading po-
lltlcal power In this state has always
resided In the people Whatever Of
constitution we have, as the supreme
law OF the land in this commonwealth,
has been ordained and promulgated by
a direct vote Of the people. Nay more,
every legislative assembly that has
ever convened In the state has been
the creature Of the people by their
direct vote. In the constitution under
which Oregon was admitted into the
union, the people. by stately pre-
amble, declared that 1--WE, the people
of the state OF Oregon, to the end that
Justice be established order main
tained, and liberty perpetuated, do or
daIn this constitution It Is not a
question Of restoring power to the
people; They have always had It. In
the beginning Of the state government,
II was declared and has ever since
been recognized throughout the state
that all power Is inherent In the peo-
pie, and all free governments are
founded on their authority aud lnst-
tuted for their peace, safety and hap
pineHs, and they have at all times
right to alter reform or abolish the
government In such manner aB they
may see proper" Article !, section /,
state constitution,
u Is for courts and judges, as ser.
wants Of the people, charged with that
duty 20 take all the constitutional and
statutory utterances Of the people and
oonstrue them so that, II possible, all
shall stand and the will Of the people
shall be subseryed. The people have
declared In section 80, article | OF
their constitution that "No tax or duty
shall be imposed without the consent
OF the people or their representatives
In the Legislative assembly and all tax.
alton shall be equal and uniform.
They have also proclaimed in section
! OF article TX that "The legislative |
assembly shall provide by law for uni |
form aud equal rate OF assessment and |
taxation, and shall prescribe such reg |
as shall secure Just yalua- |
ton for taxation Of all proerpty. both |
real and personal, except such only
for municipal, educational, literary
scientific, religious or charitable pur-
poses as may be specially exempted
by law" Neither Of these sectlons
have been repealed or lessened in force
but Is only supplemented BY either
section 1 lal OF article w, or section
/ lel OF article TX, The obvious ef.
feet Of all these sections. taken TO.
gethor, is TO maintain uniformity OF !
taxation as against the operation OF
all mere agencies OF government I'm
der section tai Of article GX. only as
to the people at large are restrictions
upon the power OF taxation removed.
II Is there laid down that none OF
The restrictions Of the constitution
shall apply to measures approved by
The people declaring what shall be sub
iect TO taxation or exemption" etc.
but Il does not appear, either In direct
terms or by necessary inference. that
'bo restraints Of the fundamental law
IN the subject IN question have been
removed from any subordinate nstru.
Of government This eonG
aiructiou 10 sull further strengthened
by the Language at tho end Of section
| tal oi article TX declaring that tho
regulation Of taxation and exemptions
by the people Of the several counties