Page:The Atlantic Monthly, volume 97.djvu/808

794 —a result manifestly not contemplated by the amendment." It may be doubted whether the court, in the words just quoted, did not impute to the promoters of the Oregon initiative a larger measure of prudence and conservatism than they actually possessed. There is little reason to believe that they anticipated or desired that the initiative-referendum, as applied to direct legislation, should be subject to the veto of the governor or to amendment or repeal by the legislature. In confirmation of this view, it is to be noticed that the initiative-referendum amendment approved by the Montana legislature last year, and to be submitted to the vote of the people next November, expressly declares that "the veto power of the governor shall not extend to measures referred to the people by the legislative assembly, or by initiative-referendum petitions" It is probable that the framers of the Oregon amendment believed that the phrase which they used gave them equal protection against executive interference.

One provision of the law enacted by the Oregon legislature in 1903, to make effective the initiative-referendum amendment, and to regulate elections under it, deserves all praise. Manifestly, if laws are to be enacted and state constitutions amended in this helter-skelter fashion, with all discussion by legislatures eliminated, it is important that some means should be taken to insure the enlightenment of voters regarding the measures upon which they are called to vote. Something may be done through public meetings, and something through the newspapers. But not all voters can be induced to attend public meetings, and not all habitually read the newspapers. In any political campaign in any state, any political party would be glad to be assured of an opportunity to place an argument in favor of its principles in the hands of every voter. Precisely this opportunity is afforded under the act of the Oregon legislature. Not less than three months before an election at which any proposed law or amendment is to be submitted to the people, the secretary of state is required to cause to be printed a true copy of the title and text of each measure to be submitted, with its number and the form in which the question will be printed on the official ballot. The persons, committees, or duly authorized officers of any organization filing any petition for the initiative are given the right to place with the secretary of state, at least five months before the election, any pamphlets advocating such measure. Also, not less than four months before the election, any person, committee, or organization opposing any measure is given the right to place with the secretary of state for distribution pamphlets presenting arguments against the proposition. There are minute directions as to the size of the pamphlet pages, the size and form of type, and even the quality and weight of the paper; but if these conditions are complied with, and enough pamphlets are furnished to admit of giving one to every registered voter of the state, the law becomes mandatory upon the secretary of state. It is directed that he "shall cause one copy of each of said pamphlets to be bound in with his copy of the measures to be submitted as herein provided." Nothing is left to the discretion or caprice of the secretary. The persons or committees interested in the pending propositions furnish their arguments, pro or con, suitably printed in sufficient number at their own cost, and the state does the rest. The pamphlets are distributed by the secretary of state to the county clerks, and by them to the registration officers, and it is made the duty of these officers, without additional compensation for the service, to give one of the pamphlets to every voter when he registers. In a state like Oregon, of comparatively sparse and scattered population, it is a great thing to be assured that every voter called upon to vote upon a proposed law or amendment shall have in his possession weeks before the vote is taken arguments carefully prepared by those most