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with The provisions of this section shall be selfexecuting but legislation may be especially enacted to facilitate its operation borrowed from the Oregon Constitution was nevertheless held not to be selfexecuting because of other provisions incorporated therein tending to negative the express declaration that the same was selfexecuting and to signify that further legislation was intended to be Coach Outlet Store Online required to make it operative.And it would seem improbable that the Legislature in submitting and the people in adopting this constitutional provision intended it to be more than a direction to subsequent Legislatures to provide within the limitations therein declared legislation Nike Australia providing procedure for constitutional amendment by initiative petition. This proposition of capital removal Is Illustrative in this that a petition purporting to contain the names of electors of this state has been filed with the respondent and upon that alone it is insisted that he must submit to Coach Outlet Store Online the people the proposition of capital removal through the indirect means of amendment of the Constitution. There are no requirements as to verification of such a petition if this constitutional provision is selfexecuting. Only the signatures ofper cent of the electors Nike Air Max in half the counties in the state or in other words the approval of oneeighth of the electorate of the state is all Nike Air Max 90 that is necessary if respondent be correct; while a corresponding removal of Nike Shoes Australia a County seat can only be brought Christian Louboutin Outlet about by a petition verified by the affidavit of each of the signers thereof stating that he is a resident of the county a qualified elector therein and that he personally signed his name thereto knowing the contents and purposes of the petition for removal section C. Land thatN.W.too by a petition of at least threefifths of the voters according to the votes cast at the last preceding general election with the manner of submission upon the ballot specifically provided. It is hard to believe that either the Legislature or the people would understandingly adopt this constitutional provision unless It was merely as a general rule authorizing legislation. While results of concrete application are not controlling they may be looked to when the statute or constitutional provision is ambiguous and where adopted with such a history as here.We have no desire to thwart the public will or prevent a statewide election upon any question unless plainly required to do so. But we are convinced that this provision is not selfexecuting and the Supreme Court of Indiana in Elllngham v. DyeInd. N. EAnn. Cas. C at page has well expressed the frame of mind in which we find ourselves In the following language: Where the question presented to a court is a judicial question it would be sheer inexcusable cowardice and a violation of duty for it to decline the exercise of its jurisdiction and to decline to interfere and restrain the submission Coach Outlet Store Online of this question when it is proposed to do so without any sanction of law. There is no law under which this petition Is tendered and filed or under which it can exist in a legal sense as a petition.The writ prayed for will issue restraining further proceedings by the respondent in the submission to vote of the matter in question.It is so ordered.BURKE J. concurring. This case has received the most careful consideration by every member of the court and my Associates have covered the different legal phases so fully that I can add little to Christian Louboutin Outlet what they have written. It has been generally conceded that the amendment In question was not Intended to be selfexecuting. The main controversy has been upon the right
