lation is secured is to introduce a harmless or a beneficial bill and let it secure a favorable report from a legislative committee, but with a slight amendment inserted therein which entirely changes its character or effect in some important particular and thereby serves some selfish interest. When it is known that a bill must be enacted or rejected exactly as drawn, the framers of the measure will spend weeks and months studying the subject and writing the bill in order to have it free from unsatisfactory features." 1

In practice something like amendment of proposed legislation at the instance of the people is at times attained. This is true especially in the case of measures submitted by the People's Power League. It has been the policy of the League to distribute copies of tentative drafts of measures widely over the state in order to sound public opinion upon them, and it has, in accordance with criticism received, essentially modified or even dropped measures proposed. The State Grange has pursued a similar course with some measures. Of the road bill prepared by the "harmony committee" in 1912 it was said: "The six measures will be published in the Portland papers Sunday. Copies will be sent to all papers in the state. In this manner it is expected that the voters will study them carefully, and if any organized or widespread objection is raised to any feature of the several bills, effort will be made to eliminate the objectionable part or rectify it so they will stand a better chance of being passed.” 2 But in the vast majority of cases the general public hears nothing of the measures until the circulation of petitions begins.

Because of the use of misleading ballot titles by some parties filing petitions, a law of 1907 requires that the ballot titles shall be prepared by the attorney-general, but appeal from his action may be taken to the circuit court.4

1 J. Bourne, Initiative, Referendum and Recall, Atlantic Monthly, vol. 109, pp. 122, 128 (1909). 2 Oregonian, Mar. 22, 1912, p. 14, col. 2. Ibid., Jan. 21, 1907, p. 9, col. 1; W. S. U'Ren, ibid., June 2, 1907, p. 38, col. 1; G. A. Thacher, Interesting Election in Oregon, Independent, vol. 69, pp. 1434, 1437-8 (1910). Laws, 1907, ch. 226, sec. 5; Laws, 1913, ch. 36; below pp. 52–3.

"The possibilities of the adoption of crude and conflicting laws. . . might be guarded against . . . by some provision for a revision and editing of the propositions filed for submission to the people." Accordingly proposals for the establishment of some kind of a commission for this purpose have been made in Oregon. But such an authoritative commission could practically nullify the power of the people to initiate laws, and the provision at best would but further complicate an already overcomplicated government.

This is a very different proposition from that of establishing some advisory office or commission for the aid of individuals or associations in the drafting of bills. The state library, already furnishing efficient aid by way of information to individuals and associations in connection with direct legislation, might well be further developed to meet this need.

In view of both advantages and disadvantages which are inherent in the formulation of measures by the legislative assembly on the one hand and by individuals or groups on the other, it has been proposed to adopt the plan, already in use elsewhere, of requiring all initiative measures to be submitted to the assembly, which shall either enact the measure into law, or amend it and let the people choose between the original and the amended

measure.

1 F. Foxcroft, Initiative-Referendum in the United States, Contemporary Review, vol. 99, pp. 11, 17 (1911).

* House Bills, 1911, nos. 38, 112, 236; Oregonian, Dec. 4, 1914, p. 8, col. 2. See especially reports in Oregonian, Jan. 16, 1911, p. 4, col. 1; Jan. 25, 1911, p. 6, col. 1; Oregon Journal, Jan. 25, 1911, p. 1, col. 1. 4 Below, pp. 164-5.

CHAPTER V

THE SUBSTANCE AND FORM OF MEASURES

I

The Measures Submitted 1

1. By far the largest class of measures submitted to the people have related to the machinery of government.

(1) Initiative constitutional amendments granting the suffrage to women appeared at four succeeding elections, and later an amendment limiting the suffrage to citizens of the United States was submitted by the legislature.

(2) A large number of initiative measures intended to increase "the people's power" have been submitted. These include the direct primary bill, the bill instructing members of the legislative assembly to vote for the people's choice for United States senator, and the presidential primary bill; the constitutional amendments for changing the method applying to constitutional amendments submitted by the legislative assembly and requiring calls for constitutional conventions to be submitted to the people, "home rule" city charters, the recall of officers, and the extension of the initiative and referendum to the localities, authorizing legislation for proportional representation and preferential voting, establishing proportional representation in the house of representatives, abolishing the state senate, two amendments for the entire reorganization of the legislative department of the state, and another for the reorganization of the judicial department, the bill creating "people's inspectors of government" and an "official gazette," and the

1 See below, pp. 241–53.

2 Below, pp. 254-66.

corrupt practices bill. The initiative amendment for "majority rule" in the adoption of initiative measures, the initiative amendment, mentioned below, requiring a two-thirds vote for the amendment of a certain article of the constitution, and the initiative pre-primary convention bill, were considered attacks upon "the people's power." And this was true also of three measures submitted by the legislative assembly a constitutional amendment providing for "majority" rule in the adoption of constitutional amendments, another providing for separate districts for senators and representatives (directed against proportional representation), and the act calling for a constitutional convention.

Two other initiative bills aimed to extend the system of "home rule". - one providing methods for creating new towns, counties, and municipal districts, and changing county boundaries, and a later bill providing for the consolidation of cities and the organization of new counties. The non-partisan judiciary bill was another reform measure.

(3) A third class of measures relates to the creation or regulation of public offices or institutions or functions, in most cases involving the expenditure of public money.

The legislative assembly submitted constitutional amendments providing for the increase of the compensation of the members of the assembly twice, for the reorganization of the judicial system and addition to the number of justices of the supreme court, for the creation of the office of lieutenant governortwice, and for authorizing the organization of railroad districts and the operation of railroads by the state and localities, an act for the establishment of an insane asylum, two millage-tax acts for the support of normal schools, and some constitutional amendments not involving expenditure of money for the manner of location of state institutions, and for the change of date of general elections. The two amendments submitted by the assembly permitting the consolidation of cities with counties, and permitting the consolidation of adjoining cities favored

the reduction of the number of offices. A constitutional amendment, proposed by the legislative assembly, increased the maximum limit of state indebtedness for irrigation and waterpower operation and the development of untilled lands.

An initiative amendment provided for a department of industry and public works, mentioned below. Initiative bills have proposed the creation and maintenance of other new officesa commission on employers' liability, mentioned below, a state highway department, a state hotel inspector, "people's inspectors" and "official gazette," mentioned above, a corporation department, mentioned below, a state road board, with provision for road bonds, and a tax-code commission. The eight initiative county-division bills (two other initiative county bills involved only changes of boundaries) of course involved the multiplication of offices, and this was also involved in the general measures, mentioned above, providing for the creation of new counties and districts. But one of the latter contained a provision for the consolidation of cities, and thus favored the reduction of the number of offices. The two companion initiative measures the public docks and water-front amendment, and the municipal wharves and docks bill, while permitting the lease of the beds of navigable waters for private docks, vested the ownership of the submerged land in the state, and authorized the ownership and operation of wharves and docks by the municipalities. The proposal for the state's purchase of a toll road was contained in an initiative bill. Another initiative bill provided for a millage tax for the university and the agricultural college and for the consolidation of the government of the two institutions. Two others authorized the issue of county road bonds. One constitutional amendment submitted by initiative petition increased the maximum limit of county indebtedness for roads, and another granted "home rule" to counties in the matter of indebtedness for roads.

The regulation of the office (especially the compensation) of the state printer was the purpose of the initiation of one constitu

D