The Operation of the Initiative, Referendum and Recall in Oregon

By James D. Barnett | Go to book overview

CHAPTER XII
DIRECT LEGISLATION AND THE EXECUTIVE

IT follows from a constitutional provision to the effect that "the veto power of the governor shall not extend to measures referred to the people,"1 that the veto power does not extend to initiative measures or to measures referred by the legislature, but that the possibility that measures passed by the legislature may be referred by petition does not exempt them from the governor's veto.2

Recently, on account of long contests in the legislative assembly over vetoed bills, it has been suggested that provision should be made for "a constitutional amendment which will automatically refer all vetoed bills direct to the people instead of back to the legislature," on the ground "that if there are sufficient flaws in a bill to merit the governor's veto, the people of the state should be given the right and privilege of sustaining or rejecting the veto instead of making it the bone of contention in a political fight in the legislature."3 But under conditions usually present in Oregon, this would add greatly to the burden of the ballot. However, at times such a right for appeal would have saved the necessity of initiating a measure by petition.

____________________
1
Constitution, art. 4, sec. 1 ( 1902).
2
Kadderly v. Portland, Oregon Reports, vol. 44, pp. 118, 146 ( 1903); State v. Kline, ibid., vol. 50, pp. 426, 430 ( 1907); Oregon v. Pacific States Tel. & Tel. Co., ibid., vol. 53, pp. 162, 164 ( 1909). Cf. F. Foxcroft, Constitution-Mending and the Initiative, Atlantic Monthly, vol. 97, pp. 792, 793 ( 1906); G. A. Thacher, Initiative and Referendum in Oregon, Proceedings of the American Political Science Association, vol. 4, pp. 198, 202-4 ( 1907).
3
Reported in Oregon Journal, Feb. 2, 1913, p. 5, col. 5. See also C. H. Carey, New Responsibilities of Citizenship, Proceedings of the Oregon Bar Association, 1908-10, pp. 18, 40 ( 1909).

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