Page:Address of Frederick V. Holman at Oregon Bar Association annual meeting.djvu/30

 other," shows to what a dangerous condition these initiative amendments of the Constitution have brought the State of Oregon. It is a condition similar to that which would occur if the sole legislative body of a State was composed of two houses which did not have to concur to enact a law, and each could enact laws to the exclusion of the other, "and even repeal any act passed by the other."

Suppose that in the State of Oregon two antagonistic acts were passed, one by the Legislature, the other by the people, and these two acts when into effect the same day. What would be the result? It would be like the celebrated case of an irresistible force meeting an immovable body. Will not the Legislature become as useless as a vermiform appendix is to a human being? It may have some functions, but it is apparently a menace. Would it not be well to cut it out before it becomes dangerous?

In the case of Straw v. Harris, supra, on page 436, Mr. Justice King also said:

"True, the language used in the amendments considered would appear to give to incorporated cities the exclusive control and management of their own affairs, even to the extent, if desired, of legislating within their borders without limit, to the exclusion of the State. But, as stated, these provisions must be construed in connection with others of our fundamental laws, which can but lead to the conclusion above announced; and whatever may be the literal import of the amendments it cannot be held that the State has surrendered its sovereignty to the municipalities to the extent that it must be deemed to have perpetually lost control over them. This no State can do. The logical sequence of a judicial interpretation to such effect would amount to a recognition of a State's independent right of dissolution. It would brt lead to sovereigntial suicide. It would result in the creation of States within the State, and eventually in the surrender of all State sovereignty—all of which is expressly inhibited by Article IV, Section 3, of our National Constitution."

The part of Section 3 of Article IV of the Constitution of the United States referred tO' by Mr. Justice King is as follows, viz.:

"No new State shall be formed or erected within the jurisdiction of any other State."

It is to be regretted that the opinion merely stated a general principle without going into details or citing instances,