pacific telephone telegraph state oregon argued november decided february pillsbury oscar sutro plaintiff error crawford attorney general oregon george fred williams jackson ralston van winkle wood frederick siddons william richardson george shibley robert owen harry carnes defendant error elliott major attorney general missouri john dye addison harris amici curioe chief justice white delivered opinion premise saying controversy record presents much importance novel important since calls upon us decide whether duty courts province congress determine state ceased republican form enforce guaranty constitution subject novel question long since determined conformably practice government beginning political character therefore cognizable judicial power solely committed constitution judgment congress case oregon amended constitution amendment retaining existing clause vesting exclusive legislative power general assembly consisting senate house representatives added provision following people reserve power propose laws amendments constitution enact reject polls independent legislative assembly also reserve power option approve reject polls act legislative assembly art specific means exercise power thus reserved contained clauses authorizing amendment constitution enactment laws accomplished method known initiative commonly referred referendum first initiative suffices say stated number voters given right time secure submission popular vote approval matter desired enacted law providing proposition thus submitted approved popular vote become law state second referendum provided reference popular vote approval disapproval law passed legislature reference take place either result action legislature petition filed purpose specified number voters full text amendment margin section article constitution state oregon shall hereby amended read follows section legislative authority state shall vested legislative assembly consisting senate house representatives people reserve power propose laws amendments constitution enact reject polls independent legislative assembly also reserve power option approve reject polls act legislative assembly first power reserved people initiative per cent legal voters shall required propose measure petition every petition shall include full text measure proposed initiative petitions shall filed secretary state less four months election voted upon second power referendum may ordered except laws necessary immediate preservation public peace health safety either petition signed per cent legal voters legislative assembly bills enacted referendum petitions shall filed secretary state ninety days final adjournment session legislative assembly passed bill referendum demanded veto power governor shall extend measures referred people elections measures referred people state shall biennial regular general elections except legislative assembly shall order special election measure referred people shall take effect become law approved majority votes cast thereon otherwise style bills shall enacted people state oregon section shall construed deprive member legislative assembly right introduce measure whole number votes cast justice regular election last preceding filing petition initiative referendum shall basis number legal voters necessary sign petition shall counted petitions orders initiative referendum shall filed secretary state submitting people officers shall guided general laws act submitting amendment legislation shall especially provided therefor detailed provisions carrying effect amendment enacted legislature resort initiative law taxing certain classes corporations submitted voted promulgated governor duly adopted law telephone telegraph companies taxed qualified annual license per centum upon gross revenue derived business done within state penalties provided nonpayment methods created enforcing payment case delinquency pacific telephone telegraph company oregon corporation engaged business state made return gross receipts required statute accordingly assessed per cent upon amount return suit us commenced state enforce payment assessment statutory penalties delinquency petition alleged passage taxing law resort initiative return made corporation assessment duty pay failure make payment answer corporation contained paragraphs four challenged validity tax defects inhering nature operation tax defenses stated four paragraphs however may put view defendant corporation motion allowed strike propositions answer may also put view defenses raised remaining paragraphs based upon operation effect state constitution concluded judgment state coming consider paragraphs answer thus disembarrassed true say far relied upon constitution rested exclusively upon alleged infirmity powers government state begotten incorporation state constitution amendment concerning initiative referendum answer demurred stating defense demurrer sustained defendant electing plead judgment went judgment affirmed oregon pac sustained conclusion reached reasons expressed opinion reference opinion prior case kadderly portland pac pac like controversy determined assignments error filed allowance writ error numerous entire matters covered argument however reduced six propositions really amount one since based upon single contention creation state power legislate initiative referendum causes prior lawful state government bereft lawful character result provisions article constitution shall guarantee every state union republican form government shall protect invasion application legislature executive legislature convened domestic violence basis contentions case comes single issue whether enforcement provision political character exclusively committed congress judicial character absolute unity consider propositions together therefore copy observe however argument second fourth fifth paragraphs purposes discussion subordinately classified subordinate classifications omit text reproducing however marginal reference initiative tax measure question repugnant provisions amendment constitution forbids state deny person within jurisdiction equal protection law ii initiative amendment tax question levied pursuant measure passed authority initiative amendment violates right republican form government guaranteed article federal constitution iii initiative method violates fundamental rights accordance law land const art iv initiative contravention republican form government government people directly attribute pure democracy subversive principles upon republic founded direct legislation therefore repugnant form government alone congress admit state union state bound maintain guaranty article section federal constitution people citizen well political entities section article therefore prohibits majority state adopting unrepublican constitution difference republic democracy ascertaining meaning phrase form government debates constitutional conventions federalist papers great importance conclusive framers constitution recognized distinction republican democratic form government carefully avoided latter extent territory alone sufficed judgment framers constitution condemn establishment democratic form government form state government perpetuated constitution republican form three departments government force time adoption constitution history nations furnish definition phrase form government words used framers constitution distinguish american republics introduction principle representation initiative legislation invalid government people directly inconsistent form government practices adopting state constitutions popular vote local legislation meetings furnish precedent lodgment legislative power ballot box federal constitution presupposes state maintenance republican form government existence state legislatures wit representative assemblies power make laws state powers government divided three departments legislature executive judiciary one legislature destroyed vi provision oregon constitution direct legislation violates provisions act congress admitting oregon union surface impression might produced first third propositions one words relating state legislatures vital feature government federal constitution presupposes existence imposes state obligation maintain division powers three departments prerequisite national government evident constitution state legislatures agency carry relations nation word constitution means representative assembly consisting two houses empowered make law meaning time adoption constitution contemporaneous legislation congress sheds light meaning term used constitution initiative destroys legislative assemblies legislatures implied obligation state maintain legislature must lawmaking power initiative overthrows one greatest safeguards abuse power legislation wit system dual legislative assembly equal protection clause amendment terms asserting initiative method violates fundamental rights accordance law land addressed inherent defect tax infirmity power levy without regard guaranty republican form government merely superficial dispelled observing every reason urged support two propositions solely based article consequent inability state impose tax kind violate amendment repugnant law land state initiative referendum method permitted thus dispelling mere confusion resulting forms expression considering substance things apparent second proposition rests upon affirmative assertion adoption initiative referendum state right republican form government guaranteed article federal constitution two subdivisions made proposition first guaranty question people citizen well political entities second asserting article therefore prohibits majority state adopting unrepublican constitution basic propositions upon others rest say others subdivisions inducements tending show correctness second fundamental one conclusion certain point various modes adoption initiative referendum incapacitated state performing duties incumbent upon member union obligations towards citizens thus causing state cease government republican form within intendment constitutional provision relied upon words propositions proceed alone upon theory adoption initiative referendum destroyed government republican form oregon contention held sound necessarily affect validity particular statute us every statute passed oregon since adoption initiative referendum indeed propositions go since essence assert governmental function legislative judicial oregon assumed proposition well founded one time one government republican form character immediately considering text article order uncover give emphasis anomalous destructive effects upon state national governments adoption proposition implies illustrated said let us briefly fix inconceivable expansion judicial power ruinous destruction legislative authority matters purely political necessarily occasioned giving sanction doctrine underlies necessarily involved sustaining propositions contended first however perfect absolute may establishment dominion fact state government however complete may participation enjoyment power rights member national government however departments government may recognize state government nevertheless every citizen state person subject taxation therein owing duty established government may heard purpose defeating payment taxes avoiding discharge duty assail justice rightful existence state second result becomes duty courts claim made examine justiciable issue contention illegal existence state contention thought well founded disregard existence fact state recognition departments federal government practically award decree absolving obligation contribute support obey laws established state government consequence existence judicial authority power judiciary must implied unless anarchy ensue build judicial action upon ruins previously established government new one right terms also implies power control legislative department government recognition new government admission representatives therefrom well strip executive department government otherwise lawful discretionary authority provisions article bring strange injurious results say provisions article obliterate division judicial authority legislative power upon constitution rests words authorize judiciary substitute judgment matter purely political judgment congress subject committed thus overthrow constitution upon ground thereby guaranty government republican form may secured conception rests upon assumption guaranteed government republican form destroying existence government republican form nation shall stop consider text point absolutely barren support contentions sought based upon since repugnancy contentions letter spirit text conclusively established prior decisions cause matter absolutely foreclosed view importance subject apparent misapprehension one side seeming misconception suggested argument full significance previous doctrine content mere citation cases state length otherwise issues doctrine expounded leading absolutely controlling case borden ed case came circuit action damages trespass case grew commonly known dorr rebellion rhode island conflict brought effort adherents alleged government sometimes described government established voluntary convention overthrow established charter government defendants justified ground acts done charged trespass done authority charter government prevalence martial law purpose aiding suppression armed revolt supporters insurrectionary government plaintiffs contrary asserted validity voluntary government denied legality charter government course trial plaintiffs support contention illegality charter government legality voluntary government government never able exercise authority state command obedience laws officers offered certain evidence tending show nevertheless lawful established government upon ground powers govern ratified large majority male people state age years upwards also large majority entitled vote general officers cast favor constitution submitted result voluntarily assembled convention alleged people state rhode island circuit rejected evidence instructed jury charter government established state government time trespass occurred defendants justified acting authority government coming review ruling outset pointed novelty serious nature question called upon decide attention also inception directed effect gravity consequences produced sustaining right plaintiff assail set aside established government recovering damages defendants acts done authority purpose sustaining established government subject said authorized enter upon inquiry proposed plaintiff decided charter government legal existence period time mentioned annulled adoption opposing government laws passed legislature time nullities taxes wrongfully collected salaries compensation officers illegally paid public accounts improperly settled judgments sentences courts civil criminal cases null void officers carried decisions operation answerable trespassers cases criminals coming review question attention directed fact courts rhode island recognized complete dominancy fact charter government refused investigate legality voluntary government purpose decreeing established government illegal ground inquiry proposed made belonged political power judicial rested political power decide whether charter government displaced decision made judicial department bound take notice paramount law state without aid oral evidence examination witnesses etc remarked doctrine clearly forcibly stated opinion state trial thomas dorr governor elected opposing constitution headed armed force endeavored maintain authority reviewing grounds upon doctrines proceeded cogency pointed disastrous effect view emphasized point view state law conclusive effect judgments courts rhode island referred came consider correctness principle applied rhode island courts light article constitution contention plaintiff error concerning article substantial effect thus pressed argument ultimate power sovereignty people nature things government free one must right change constitution ordinary course means exists right necessity embraces power resort revolution however right urged exist constitution provision article protecting state application legislature executive legislature convened domestic violence followed guaranty republican government form means provided constitution secure people right change government made question whether change rightfully accomplished judicial question determinable courts make physical power available demand existing state government suppress resistance authority yet afford method testing rightful character state government render people particular state hopeless case wrongful government pointed argument decision courts rhode island favor charter government illustrated force contentions since proceeded solely established character government upon whether people rightfully overthrown voluntarily drawing submitting approval new constitution thus seen propositions relied upon case presented decision complete direct way disposing virtually recognizing cogency argument far emphasized restraint upon armed resistance existing state government arising provision article resultant necessity existence somewhere constitution tribunal upon people state rely protect wrongful continuance government republican form proceeded inquire whether tribunal existed character pointed owing inherent political character question decision constitution vested judicial department government contrary exclusively committed legislative department whose action subject judiciary absolutely controlled said constitution far provided emergency kind authorized general government interfere domestic concerns state treated subject political nature placed power hands department fourth section fourth article constitution provides shall guarantee every state union republican form government shall protect invasion application legislature executive legislature convened domestic violence article constitution rests congress decide government established one state guarantee state republican government congress must necessarily decide government established state determine whether republican senators representatives state admitted councils union authority government appointed well republican character recognized proper constitutional authority decision binding every department government questioned judicial tribunal true contest case last long enough bring matter issue senators representatives elected authority government dorr head congress called upon decide controversy yet right decide placed courts pointing congress act february stat chap recognized obligation resting upon protect domestic violence conferring authority upon president application legislature state governor call militia state suppress insurrection suggested question rightful government within intendment article judicial one duty afford protections invasion suppress domestic violence also judicial since duties inseparably related determination whether rightful government view correct intimated follow delegation authority made president act void usurpation judicial authority hence duty courts differed judgment president manner discharging great responsibility interfere set naught action pertinent statement made judicial power extends far guaranty contained constitution guaranty anarchy order fundamental doctrines thus lucidly cogently announced speaking chief justice taney case thus reviewed never doubted questioned since afforded light guiding orderly development constitutional system day deliverance decision present time stop cite cases indirectly incidentally refer subject conclude directing attention statement speaking chief justice fuller taylor beckham ed sup disposing contention made concerning amendment coming consider proposition necessary decided concerning nature effect guaranty article said said amendment must read article constitution providing shall guarantee every state union republican form government shall protect invasion application legislature executive legislature convened domestic violence argued state kentucky entered union people right forcible revolution state affairs received lieu thereof distinct pledge people state guaranty republican form government protection invasion domestic violence distinguishing feature form government right people choose officers governmental administration denied action general assembly instance effect jurisdiction enforce guaranty albeit judiciary kentucky unable division powers government yet writ us granted revised statutes comp stat revise judgment state ground constitutional right decided long ago settled enforcement guaranty belonged political department luther borden ed case held question two opposing governments rhode island namely charter government government established voluntary convention legitimate one question determination political department department decided courts bound take notice decision follow indeed singular misconception nature character constitutional system government suggest settled distinction doctrine stated points judicial authority justiciable controversies legislative power purely political questions tends destroy duty judiciary proper cases enforce constitution suggestion results failing distinguish things widely different legislative duty determine political questions involved deciding whether state government republican form exists judicial power present duty whenever becomes necessary controversy properly submitted enforce uphold applicable provisions constitution every exercise governmental power better broad lines distinguish two subjects pointed considering character defense case defendant company contend required pay license tax assert denied opportunity heard amount taxed anything inhering tax involved intrinsically law violated constitutional rights questions raised justiciable therefore required calling operation judicial power instead however things attack statute made wholly different character essentially political nature made manifest understanding assault contention advanced makes tax tax state state addressed framework political character government statute levying tax passed government political entity reducing case essence called bar purpose testing judicially exercise power assailed ground exertion injuriously affected rights individual repugnancy constitutional limitation demand state establish right exist state republican form issues presented essence long since definitely determined political governmental embraced within scope powers conferred upon congress therefore within reach judicial power follows case presented within jurisdiction writ error must therefore dismissed want jurisdiction dismissed want jurisdiction