Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1912-02-20
Congress Alone May Object 10
Initiative and Referendum
Method Of Lawmaking in
Sovereign States.
CHIEF JUSTICE WHITE
HANDS DOWN DECISION
Holds Enforcement of RepubIi-
can Form of Government
Guarantee Belongs Solely to
Political Department.
ny Morning journal Special Leased wirel

tBy Morning journal Special LEASED Wire.
Washington, Feb. 19.-Only con
gress and not the supreme court of
the United States NAV object TO the
initiative and referendum method Of
legislation in the states, so the court
decided today
That tribunal held that the question
of whether state after II adopted the
initiative and referendum sun MAIN
tained "A republican form OF govern
ment guaranteed by the federal con-
stitution. was a problem for congress
and not "a judicial one for the courts.
The decision was based on the claim
of the Pacific states Telephone Il
Telegraph Company. that tax upon
IL imposed by the initiative and ref
erendum method In oregon was un-
constitutional.
An adverse decision would have af-
fected proposed legislation of that
character in many states.
The court also gave n similar d.
cision in reference 10 an ordinance In
Portland, oregon. for the construction
of bridge.
The chief justice said IN his decision
that singular misrepresentation had
existed on both sides of the case, hui;
that the "mista and confusion" were
Justice Taney years ago. in which he
disposed of the DORIS rebellion ques-
tion. THAT was the case of Luther
VS.. Borden. he said. and decided that
the enforcement of the guarantee Of
republican form of government to
the states belonged "a the political
dt partment of the government and
came up, for instance, on the admis-
sion OF senators and members OF the
house to their respective bodies. The
chief justice called attention to Chief
Justice Fuller's following Luther VS..
Borden in the controversy over the
Kentucky government in the case of
Taylor vs. Beckham.
Referring to the doctrine as laid
down i'm these two cases, Chief Justice
White said:
1t Is, indeed, n singular misconcep-
tion of the nature and character of
our constitutional system of govern
ment to suggest that settled distinc-
tion which the doctrine just stated
points out between judicial authority
over justiciable controversies and Leg
islative power as 10 purely political
questions, tends to destroy the duty
of the judiciary in proper cases TO
enforce the constitution. The suggea-
ton results from failing to distinguish
between things which are widely diff
ferent. that is. tho Legislative duty to
determine the political questions in
volved in deciding whether "A state
republican In form.
exists. and the judicial power and
ever present duty whenever II be-
comes necessary I'm n controversy
properly submitted "a enforce and up
hold the applicable provisions of the
as to each and every
exercise of governmental power.
"How better can the broad lines
which distinguish these two subjects
be pointed out than by considering
the character of the defense in this
does not contend here that IL could
not have been required to pay al
license tax.
'It does not assert that IL was de-
MED an opportunity TO be heard as
to the amount for which IL was taxed.
or that there was anything inhering
In the tax or involved intrinsically In
the law which violated any of Its
rights If such aues-
tions had been raised they would
have been justiciable and, therefore,
would have required the calling into
operation of judicial power.
Instead. however. of doing any OF
hose things. the attack on the stat
ute here made is of wholly different
.haracter. Its essentially political ma
.ure is at once made manifest by un-
that the assault which the ,
contention here advanced makes. is
not on the tax as tax. but on the |
,tate as state. II Is addressed TO the /
and political character by
which the statute levying the tax was
passed.
1T is the government. the political
sntlty, which (reducing the case TO
Is essenceD is called to the bar OF this
,ourt. not for the purpose of testing
some exercise OF power as
,ailed on the ground that Its eNer-
ion has injuriously affected the ,
.ights of an individual because Of the
to some constitutional
imitation but TO demand Of the gov
.rnmcnt that II establish its rights to
.xiri as state"
nAEN/ kAJIATOO Dhnl v