CHAPTER I.

INITIATIVE AND REFERENDUM.

Adoption of Amendment.-Among the numerous bills, memorials and resolutions introduced in the Twentieth Legislative Assembly of the State of Oregon, there was a resolution proposing an amendment to Section 1, Article IV of the State Constitution. Deemed of little importance at the time, it marked the beginning of a new political system which was destined to revolutionize the legislative methods of a sovereign state and make the people themselves the final judges of the laws which should govern them. This was the initiative and referendum amendment. It passed the assembly without much controversy and conformable to the constitutional provision then in force the resolution was submitted to the next regular legislative assembly which convened in January, 1901. Here again the proposed amendment was favorably received and passed practically without dissent. At the regular election held in June, 1902, the amendment was placed upon the ballot and the electors throughout the State filed to the booths to pass judgment. When the votes were counted, the friends of the measure, who had worked industriously for its passage, were gratified to learn that it had carried by a decisive vote. The initiative and referendum method of enacting and rejecting proposed laws thus became a part of the organic act of the State of Oregon.

Text of the Amendment.-Section 1, Article IV, of the Constitution of Oregon as thus amended is as follows:

ARTICLE IV.

1. The legislative authority of the state shall be vested in a legislative assembly, consisting of a senate and house of representatives, but the people reserve to themselves power to propose laws and amendments to the constitution and to enact or reject the same at the polls, independent of the legislative assembly, and also reserve power at their own option to approve or reject at the polls any act of the legislative assembly. The first power reserved by the people is the initiative, and not more than eight per cent of the legal voters shall be required to propose any measure by such petition, and every such petition shall include the full text of the measure so proposed. Initiative petitions shall be filed with the secretary of state not less than four months before the election at which they are to be voted upon. The second power is the referendum, and it may be ordered (except as to laws necessary for the immediate preservation of the public peace, health, or safety), either by the petition signed by five per cent of the legal voters, or by the legislative assembly, as other bills are enacted. Referendum petitions shall be filed with the secretary of state not more than ninety days after the final adjournment of the session of the legislative assembly which passed the bill on which the referendum is demanded. The veto power of the governor shall not extend to measures referred to the people. All elections on measures referred to the people of the state shall be had at the biennial regular general elections, except when the legislative assembly shall order a special election. Any measure referred to the people shall take effect and become the law when it is approved by a majority of the votes cast thereon, and not otherwise. The style of all bills shall be: "Be it enacted by the people of the state of Oregon." This section shall not be construed to deprive any member of the legislative assembly of the right to introduce any measure. The whole number of votes cast for justice of the supreme court at the regular election last preceding the filing of any petition for the initiative

or for the referendum shall be the basis on which the number of legal voters necessary to sign such petition shall be counted. Petitions and orders for the initiative and for the referendum shall be filed with the secretary of state, and in submitting the same to the people he, and all other officers, shall be guided. by the general laws and the act submitting this amendment, until legislation shall be especially provided therefor.

Enlarging and Extending the Initiative and Referendum Powers. While the amendment to Section 1, Article IV, of the Constitution created and defined the initiative and referendum powers as to general legislation, to make this mode of government complete it was found necessary to enlarge the powers already granted and to extend them to local legislation. Accordingly an amendment to effect this purpose was proposed by initiative petition at the regular election in June, 1906, and adopted by the people. This amendment is designated as Section 1a, Article IV of the Constitution and is as follows:

ARTICLE IV.

1a. The referendum may be demanded by the people against one or more items, sections, or parts of any act of the legislative assembly in the same manner in which such power may be exercised against a complete act. The filing of a referendum petition against one or more items, sections, or parts of an act shall not delay the remainder of that act from becoming operative. The initiative and referendum powers reserved to the people by this constitution are hereby further reserved to 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 manner of exercising said powers shall be prescribed by general laws, except that cities and towns may provide 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 referendum nor more than fifteen per cent to propose any measure, by the initiative, in any city or town.

Text of the Amendment.-Section 1, Article IV, of the Constitution of Oregon as thus amended is as follows:

ARTICLE IV.

1. The legislative authority of the state shall be vested in a legislative assembly, consisting of a senate and house of representatives, but the people reserve to themselves power to propose laws and amendments to the constitution and to enact or reject the same at the polls, independent of the legislative assembly, and also reserve power at their own option to approve or reject at the polls any act of the legislative assembly. The first power reserved by the people is the initiative, and not more than eight per cent of the legal voters shall be required to propose any measure by such petition, and every such petition shall include the full text of the measure so proposed. Initiative petitions shall be filed with the secretary of state not less than four months before the election at which they are to be voted upon. The second power is the referendum, and it may be ordered (except as to laws necessary for the immediate preservation of the public peace, health, or safety), either by the petition signed by five per cent of the legal voters, or by the legislative assembly, as other bills are enacted. Referendum petitions shall be filed with the secretary of state not more than ninety days after the final adjournment of the session of the legislative assembly which passed the bill on which the referendum is demanded. The veto power of the governor shall not extend to measures referred to the people. All elections on measures referred to the people of the state shall be had at the biennial regular general elections, except when the legislative assembly shall order a special election. Any measure referred to the people shall take effect and become the law when it is approved by a majority of the votes cast thereon, and not otherwise. The style of all bills shall be: "Be it enacted by the people of the state of Oregon." This section shall not be construed to deprive any member of the legislative assembly of the right to introduce any measure. The whole number of votes cast for justice of the supreme court at the regular election last preceding the filing of any petition for the initiative

or for the referendum shall be the basis on which the number of legal voters necessary to sign such petition shall be counted. Petitions and orders for the initiative and for the referendum shall be filed with the secretary of state, and in submitting the same to the people he, and all other officers, shall be guided by the general laws and the act submitting this amendment, until legislation shall be especially provided therefor.

Enlarging and Extending the Initiative and Referendum Powers. While the amendment to Section 1, Article IV, of the Constitution created and defined the initiative and referendum powers as to general legislation, to make this mode of government complete it was found necessary to enlarge the powers already granted and to extend them to local legislation. Accordingly an amendment to effect this purpose was proposed by initiative petition at the regular election in June, 1906, and adopted by the people. This amendment is designated as Section 1a, Article IV of the Constitution and is as follows:

ARTICLE IV.

1a. The referendum may be demanded by the people against one or more items, sections, or parts of any act of the legislative assembly in the same manner in which such power may be exercised against a complete act. The filing of a referendum petition against one or more items, sections, or parts of an act shall not delay the remainder of that act from becoming operative. The initiative and referendum powers reserved to the people by this constitution are hereby further reserved to 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 manner of exercising said powers shall be prescribed by general laws, except that cities and towns may provide 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 referendum nor more than fifteen per cent to propose any measure, by the initiative, in any city or town.