Page:Address of Frederick V. Holman at Oregon Bar Association annual meeting.djvu/23

 of Portland on its own motion, which was adopted by its people, that such charter amendment was properly submitted.

In the case of Long v. City of Portland, 53 Ogn. 92, Mr. Justice Eakin, on page 96, said:

"Section 1a of Article IV of the Constitution is not self-executing, for the reason that it makes no provision as to its enforcement. It only declares or resrves the right, without laying down rules, by means of which this right may be given the force of law. (Citing cases.) It contains no provisions as to the time and place of filing the petition, nor the time when, or manner in which, the law voted upon shall take effect."

In the case of ''State ex. rel. Bradford v. Portland Railway Light and Power Company,'' 107 Pac. 958 (not yet reported in the Oregon Reports), Mr. Justice Slater said:

"The amendment to the Constitution, above quoted, reserves to the people of every municipality, city or town the general right of referendum, as to municpial legislation, without laying down rules by means of which such right may become effective, or be in force; and, therefore, it is not self-operative. (Long v, Portland, 98 Pac. 149, 150.) But the amendment does declare that the manner of exercising the power granted shall be prescribed by general laws, except that cities and towns may provide for the manner of exercising the same, as to their municipal legislation."

In the case of Kiernan v. City of Portland, 1 1 1 Pac. Rep. 379, which I shall refer to as "the Kiernan case," decided by the Oregon Supreme Court November 2, 191 o, Mr. Justice McBride, in his opinion, quotes with approval the decision of the Supreme Court in Acme Dairy Company v. City of Astoria, supra, that said initiative amendment relating to cities is not self-executing. So it may be said to be well established that the initiative powers under the amendments of 1906 are not self-executing, and require some law, either by the Legislature or by the municipality itself, to put the same into force or effect.

It is strange, but true, that neither in the act of 1903, relating to initiative petitions under Section 1 of Article IV of the Constitution, nor in the act of 1907, relating to initiative petitions under said Section 1 and under said Section 1a of Article IV, was any provision made for the number of signatures to an initiative petition. Section 13 of the Act of 1907 provides: