Omaha daily bee., 1912-02-20
RULING COMES IN OREGON CASE
Form of Government
Not Judicial Problem.
WHITE MAKES ANNOUNCEMENT
All the Associate Justices Yield
Their Concurrence.
WRONG IDEA IN CIRCULATION
Chief Justice Snys Mists aud Con-
fusion Were DiSpeIled by
Decision of High Court
Years Ago.

NhSili.NNlON, feD. iS.-OnlN C0nEroS
and not the supreme court Of the Unite,
States may object to the initiative an,
referendum method of legislation in tn
states, the court itself decided today.
That tribunal held that the question o
whether a state still retained a repubn
can form OF government. guaranteed b,
the federal constitution after II adopteI
the initiative and referendum method wa.
a political problem for congress and not
judicial one for the courts.
The decision was based on the claim
of the Pacific States Telephone and Tel
egraph company that a tax upon II, i'm.
posed by the initiative and referendum
method in Oregon, was unconstitutional
The Initiative and referendum provisions
in Missouri, California, Arkansas, Colo.
rado, South Dakota, Utah, Montana, Ok.
lahoma, Maine and Arizona. hung in the
balance. An adverse decision would have
affected proposed legislation Of that char.
aeter in many other states.
Decision Unanimous.
Chief Justice White announced the de.
cision Of the court. None Of the justices
dlssented. The court also gave a simi-
lar decision in reference TO an ordinance
In Portland, Ore. for the construction Of
4 bridge.
The chief justice said that a singular
misapprehension' had existed on both
sides Of the case, but the ''mlsts and con-
fusion were dispelled by the decision Of
Chief Justice Taney years ago in which
he disposed Of the Doors rebellion ques-
ion. That was the case of Luther against
Borden, he said, and decided that the en-
'orcement OF the guaranty Of a republican
'orm Of government TO the states belonged
% the political department OF the gov
and came up. for Instance, on
he admission Of senator's and members
If the house to their respective bodies.
fhe chief justice called attention TO Chief
Justice Fuller following Luther against
Borden in the controversy over the Ken
lucky government in the case Of Taylor
against Beckham.
IF--~-~--~~-A~-a~~
Referring to the doctrine as laid down
n these two cases Chief Justice White
aid:
1T is indeed n singular misconceptlon
4 the nature and character of our con-
titutional system Of government to sug-
iest that the settled distinction which
he doctrine just stated points out be-
geen judicial authority over justiclable
ontroversies and legislative power as TO
urely political questions, tends to de-
troy the duty Of the judiciary In proper
ases to enforce the constitution. The
uggestion results from failing TO distin.
uish between things which are widely
ifferent, that Is, the legislative duty TO
etermlne the political questions involved
a deciding whether a state government,
epublican In form. exists and the tudI-
lal powers ever present duty whenever
becomes necessary In controversy
roperly submitted to enforce and uphold
he applicable provisions of the constitu
on as each and every exercise Of govern
rental power.
Distinction Plain In Case,
How better can the broad lines which
istingulsh these two subjects be pointed
ut than by considering the character
the defense in this very case? The de-
sndant company does not contend here
nat 1t could not have been required to
ay a license tax. 1t does not assert that
was denied an opportunity to be heard
5 to the amount for which 1t was taxed.
that there was anything inherlng in
he tax or involved intrinsically in the
'w which violated any Of Its constitu-
onal rights.
IT such questions had been raised they
ould have been justiciable and therefore
ould have required the calling into oper-
lion Of judicial power. Instead, however.
doing any Of these things, the attack
n the statue here made Is Of a wholly
tferent character"