| Home | Members | Blogs | Photos | Videos | Music | Groups | Classifieds | Events | Polls | Forums | Articles | Boards | chat |
Articles
Articles
Constitution guarantying to every state a republican form of government. Sincethe Constitution of that state had contained the Christian Louboutin Outlet Initiative and referendum provisions whose phraseology are very closely followed by our measures. And Nike Australia the Supreme Court of that state as early ashad held Oregons constitutional provision selfexecuting in Stevens v. BensonOr Pac So all that was necessary to have our subdivisionof sectionselfexecuting beyond all doubt was for our legislature to borrow the remainder of the constitutional provision and provide in this act as in chapter Session Laws the Plain resolution that:The secretary of state and all other officers shall be guided by the general laws and this act in filing and submitting initiative and referendum petitions until legislation shall be especially enacted therefor.The Oregon constitutional provision Article reads:Petitions and orders for the initiative and for the referendum shall be filed with the secretary of state and in submitting the same to the people he and all other officers shall be guided by the general laws and the act submitting this amendment until legislation is especially provided therefor.Notice their almost identical as well as peculiar phraseology. This has been held selfexecuting in Stevens v. BensonOrPac The same Legislature inadopted it almost verbatim Coach Outlet Store Online as to the Plain Bill and also as to the Bessesen measure our present constitutional provision as to initiative and referendum of ordinary legislation. There can be no doubt that this language came from the Oregon initiative constitutional provision quoted. But not content with that the last clause of the present constitutional provision as to legislation states:This amendment shall be selfexecuting but legislation may be enacted to facilitate its operation.If Coach Outlet Store Online the companion measure to subdivisionwas Coach Outlet Store Online carefully made selfexecuting and subdivisionwas not intentionally made not selfexecuting why was this provision purposely and deliberately eliminated or omitted from subdivision while found in the corresponding amendment as to legislation which also was Christian Louboutin Outlet made doubly certain by an explicit declaration that It should be selfexecuting?Oklahoma has held In Ex parte WagnerOklPacAnn. Cas that an identical omission by their Legislature while adopting the same provision to their constitution from the same source was in itself sufficient evidence of a legislative intent that similar constitutional provisions should not be selfexecuting. Upon that ground that court held them not selfexecuting. And Missouri in McGrew v. Missouri Pac. R. CoMo S. W declares to the same effect in the following language:The general rule is that where one state borrows a constitutional provision from another state that has previously been construed by the courts of the latter state such construction is presumed to be adopted along with the provision. The reason for said rule is that if it were intended to exclude the Nike Shoes Australia previous construction the legal presumption is that the terms of the provision would be Nike Air Max 90 so changed as to effect that intention.This Is only what was done and in law presumed as intended by the omission mentioned in failing to embody in subdivisionof sectionthe Oregon provision making It selfexecuting Nike Air Max already construed In that state and adopted almost literally In the corresponding amendment
