Page:Address of Frederick V. Holman at Oregon Bar Association annual meeting.djvu/29

 it is true, differently than before—one method by the enactment of laws directly, through that source of all legislative power, the people; and the other, as formerly, by their representatives—but the change this wrought neither gives to nor takes from the Legislative Assembly the power to enact or repeal any law, except in such manner and to such extent as may therein be expressly stated. Nor do we understand that it was ever intended that it should do so. The powers thus reserved to the people merely took from the Legislature the exclusive right to enact laws, at the same time, leaving it a co-ordinate legislative body with them. This dual system of making and unmaking laws has become the settled policy of the State, and so recognized by decisions upon the subject. Kadderly v. Portland, 44 Ogn. 118 (74 Pac. 710; 75 Pac. 222); '''Oregon v. Pac. Sta. T. & T. Co.''', 53 Ogn. 162 (99 Pac. 427).

Subject to the exceptions enumerated in the Constitution, as amended, either branch of the legislative department, whether the people, or their representatives, may enact any law, and may even repeal any act passed by the other. One of these exceptions relates to the invoking of the referendum and the other to the provision in the amendment quoted, which takes from the Legislature the right to create corporations by special laws; otherwise there is no distinction.}}

And on page 437, Mr. Justice King further said:

"The State, therefore, regardless of any declarations in its Constitution to the contrary, may at any time revise, amend, or even repeal any or all of the charters within it, subject, of course, to vested rights and limitations otherwise provided by our fundamental laws. This, under the Constitution as it now stands, may be done by the Legislature through general laws only, and the same authority may be invoked by the people through the initiative by either general or special enactments; only the Legislature being inhibited from adopting the latter method."

These statements of the law hardly agree with the statement later in the opinion that the State has not surrendered to the municipalities its control over them.

Instead of two law-making bodies there would seem to be three, or, possibly, four:

First. The Legislature,

Second. The people of the whole State,

Third. The people of a municipality,

Fourth. The Common Council or Commissioners of a municipality.

The holding that the people and Legislature may each "enact any law and may even repeal any act passed by the