Daily capital journal. (Salem, Oregon) 1903-1919, 1912-01-30

eseryed to the legal voters OF every
and district, as to all To-
,al, special, and municipal legislation,
i every character, in or for their re-
Ipective municipalities and districts.
rhe manner Of exercising said powers
Ihall be prescribed by general laws,
except that cities and towns may pro-
vide for the manner Of exercising the
initiative and referendum powers as to
their municipal legislation. Not more
than ten per cent Of the legal voters
may be required to order the referen-
dun nor more than fifteen per cent
to propose any measure, by the ini-
tlatlve, in any city or town"
Art. TX, section la, proposed by ini-
tiatlye petition and adopted by ma
jorIty Of votes at the election Novem-
Der 8, 1910 provides as follows; "No
poll or head tax shall be levied or col
lected in Oregon; no bill regulating
taxation or exemption throughout the
state shall become law until ap-
proved by the people of the state at a
regular general election; none of the
restrictions Of the constitution shall
apply 10 measures approved by the
people declaring what shall be subject
to taxation or exemption, and how 1t
shall be taxed or exempted whether
proposed by the legislative assembly
or by initiative petition; but the people
Of the several counties are hereby em-
powered and authorized to regulate
taxation and exemptions within their
several counties, subject to any gem
eral law which may be hereafter en-
acted"
Art ~, section la, and Art, TX, sec
tlon Ia, OF the constitution, are not
self-executlng In respect to counties
as they make no provisions regarding
the manner OF their enforcement. BY
the first of these, the initiative and
referendum powers reserved by the
people are further reserved to the le-
gal voters OF every municipality and
district, as to all local, special and
municipal legislation of every charac-
ter, IN their respective municipalities
and districts. BY the second, the peo-
pie OF the several counties are empow-
cred and authorized to regulate taxa
ton and exemptions within their sew
eral counties subject to any general
law which may be hereafter enacted
In Art. Nv, section la, II Is specifically
provided that the manner Of exercis-
ing such powers shall be prescribed by
general laws except as to cities and
towns, neither section containing rules
by means OF which this right may be
given the force of law as regards Local
Legislation In counties. Cooley's Con-
stitutIonal Limitations, Z ed. 121; Ions
" City Of Portland, SO Or. 90. SO;
Reeves " Anson, 13 Wash II a.
Pac $685. Stevens v. Benson, so Or
269 Hence we must look at the gen
eral laws OF this state for the manner
Of executing these sections of the or
ganic law, Turning to the Legislative
enactment Of 1907, being sections 347t
ct seoul, L, o. L., II appears that tn,
legislature intended to and did max,
all the necessary rules for carrylnl
into effect the initiative and referen
dun provisions Of the constitution
The following legislative DEGREES az
firm this In directing that II the sec
retary Of state shall refuse to accep
and file any petition for the lnitiativ
! or for the referendum, any citizen ma,
apply within ten days after such re
, iusal, for a writ OF mandamus to com
pei him to do so' section Sl7l, I
b o, IL that when measure shall b
filed with the secretary OF state to b
referred to the people Of the state, o
. OF any county or district composed o
J one or more counties, either by tn
legislative assembly, or by the refer
, endum petition, AND gssh5a ANY measur
! shall he proposed by initiative petltlo
the secretary OF state shall forthwlt
Z transmit TO the encouragement OF IN
state copy thereof, and within te
5 days thereafter the attorney genera
g shall provide and return to the seer,
c tary Of state ballot title for sue
b measure; section Sl75, L, o. l.,
. An examination Of section 6 CSl7i
: Il o, l4) OF the same act reveals tina
: the reason OF the legislative rule re
!, Qulrlng the filing Of an initiative p,
utoh WIN tue secretary or state, whe
9 only one county is interested In IN
= measure, is TO avoid confusion In N
. numbering OF the initiative measure
b on the ballot
Il Is urged that this act was passe
8 prior to the amendment OF the const
tuition contained In Art, TX. section Ii
and "a not applicable thereto Thoug
the machinery for carrying mi
amendment into effect was create
: before the birth OF the amendmen
yet such machinery or provisions
the enabling act, fit with almost exa,
nicety, and we do not think Il ne,
essary for the people or the legislatur
= to re-enael the provisions OF this lav
y In Acme Dairy Co v, Astoria, 40 O
y $40 52S, this court, speaking throug