Page:Address of Frederick V. Holman at Oregon Bar Association annual meeting.djvu/21

 by the Legislature, as the representative of the whole State and of all of its people, and that no community had, or should have, the right to exercise, without limitations, these powers, which might be used to the detriment of all the rest of the State.

The validity of the amendment of Section 1 of Article IV of the Oregon Constitution was sustained in Kadderly v. Port of Portland, 44 Ogn. 118.

In the case of Stevens v. Benson, 50 Ogn. 269, decided September 3, 1907, it was held that said amended Section 1 of Article IV of the Constitution is self-executing. On page 274 it is said:

"The Legislature may enact laws to facilitate the enforcement of Constitutional provisions that are self-executing, and such laws will be obligatory upon the Court when intended by the Legislature to be mandatory, so long as they do not curtail the rights reserved or exceed the limitations specified therein."

In the case of State v. Langworthy, 104 Pac. 424 (not yet reported in the State Reports), decided October 26, 1909, it is said:

"It is manifest from the provisions of this amendment" (Section 1 of Article IV) "that it was intended to be self-executing; that is, its provisions were designed to become effective without awaiting legislative aid. Under such circumstances supplemental laws are not a prerequisite to the effectiveness of a Constitutional provision, and the people may proceed in accordance therewith until aided by such additional enactments as the law-making department of the State may provide."

As neither of these two decisions refer tO' the number or percentage of voters necessary to sign an initiative petition, and as the Supreme Court declared said Section 1 self-executing, and as there is no law on the subject, we are left in doubt as to the number or percentage of voters necessary to sign an initiative petition under that section. Whether the words, "Not more than eight per cent of the legal voters" should be construed to mean "not less than eight per cent of