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

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In this state we have a dual system
of legislation. By the provisions Oh
our constitutional amendments, the
right to enact local, special and mu-
nicipal measures is reserved to the
legal voters of their municipalities ana
districts. This authority is to be ex-
ercised in the respective localities by
means of the initiative process. What-
ever have been the duties or powers
of counties, prior to the adoption OF
these amendments, we see no reason
why such quasi municipalities or dis
tricts cannot be endorsed with legls-
lative functions by the plean provis-
ions of the constitution,
For the origin of the provision for
local self-government, by direct legls-
lation, we must look to Art ~, sec
ton Ia, of the constitution, wherein
the people of this state declare as a
fundamental law that "the initiative
and referendum powers reserved to
the people by this constitution are
hereby further reserved to the legal
voters of every municipality and dis
trict."
And county Is clearly a municipal
ity or district within the meaning Of
this section. Acme Dairy Co. v. AS
toria, supra; Cook V. The Port Of
Portland, supra. The word district"
as used in this section has a broader
or more elastic Specification than
county" and may designate a terri
tory comprising more than a county
or containing a less area, In defining
the power conferred by Art. TX, sec
tion la, the trainers used the word
county which Is more specific than
municipality or district, although the
former is included in the latter.
Briefly stated, the word county is, by
the constitutional provision contained
in Art. u, section la, for the purpose
therein expressed, practically incor-
porated into and made a part CT Art.
", section Ia
Counsel for defendant make the fur
ther contention that Art. TX, section
la conflicts with Art, ", section %,
subdivision 10. This is tantamount to
a claim that a constitution cannot be
changed. It is apparent from a care
ful examination Of both of these sec
tions that Art TX, section la, being
the later, modifles the provisions of
subdivision 10 to a certain extent by
providing that None of the restric-
tions 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 taxed or exempted, whether pro-
posed by the legislative assembly or
by initiative petition"
This would appear to signify that
while we think the constitution is still
paramount to the statute, there is now
less difference than formerly between
constitutional provision and a stat.
ute enacted by the people pursuant TO
the initiative power. 1t should also he
borne in mind that section 2S OF AIT
" is an inhibition upon the passage
OF local or special laws by the legIs.
latiye assembly.
Carrying out the precepts contained
IN these portions Of our constitution nv,
giving them the meaning clearly lpdi.
Gated by the language used tberolr
ana as generally understand bv those
'or whom their provisions were Il.
tended and proceeding in accordance
with the legislative enactment known
as the enabling act, we conclpde ,bo,
the initiative power, or power 10 nro,
pose and enact laws reserved by tho
pepole in Art ", section wos ,nr
'ner reserved by Art, ", section IN 70
@ .ne legal voters Of every municIpoIity
aua district as to all local. snoc,o,
and municipal legislation Of oyor,
character in or for their resnoo,,,,o
municipality or district, and tbot ,so
people OF the several counties ara o.
,,,o,I ,Io'lled by Art TX. section la. to reg.
u'a,e taxation and exemption vl,b'r
'uelr several counties In the mann. '
provided by Art ", section Ia nit.
Is 70 be done in manner spbssrv,on, ,,'
" any general law of the state wbioS ,t,,,
no,..I ,u"s Oe enacted thus utilizing the !,
W., uo~er conferred upon counties =, ,a' ~,
''uCal T, subdivisions Of the state al, '' p0-
The Proposed moas,. ~
c,ll.S c.inss IN the record, and we are not not
~ r'su so.', upon to construe its provisions U,
OF decide whether or NOT :, S''s'Ons :. 'I,