Revised Constitution Plan Faces Stiff Opposition; Will Require Strong Support
"A NEW CONSTIU T10
FOR OREGON" J
(This i the last in a series of
articles about the revised Coosti-
tulbn proposed by the Oregon
Constitutional Revision Commis
sion. The articles were written by
Hans A. Linde, professor of con
stitutional law at the I'niversily
of Oregon and a member of the
Commission.)
Will Hie revised Constitution
ever actually become the Consti
tution of Oregon?
A reader who has staved with
these columns this long will have
.realized that the Commission had
to make many diflicult choices.
Any revised Constitution it report
ed to the 1963 legislative session
would contain some proposals
about which reasonable men could
differ. What hope is there that the
Legislature, in turn, can agree on
a revised Constitution to submit
to the people of Oregon?
The Constitutional Revision
Commission itself faced the ques
tion squarely. "Some of us dis
agree with portions of the pro
posed draft," it reported; but
"the proposed Constitution is in
our collective judgment a model-
for a modern state having Ore
con's historical, political and eco
nomic background; it is far super
ior to the existing 1837 Constitu
tion, lis adoption by the Legisla
tine and the people will give Ore
gon one of the three or four best
Constitutions among the 50
states." Fifteen of the 17 mem
bers joined in these conclusions;
two dissented.
And the Commission concluded
its report with the "hope that the
52nd Legislative Assembly and
the people of Oregon will look
upon the Revised Constitution in
the same manner as has the Com.
mission: as a framework to be re
garded as a whole, rather than
as a set of isolated recommenda
tions."
How realistic is this hope?
The political dilemma of con
stitutional revision was clear to
the Commission and is unavoid
able. Opposition from) many sep
arate sources, each minor in it
self, will criticize individual pro
visions of the revised Constitu
tion. But who speaks for the
slate's interest in its Constitution
whole
SUPPORT FOR CONSTITUTION'!
Gov. Mark 0. Hatfield has
urged the Legislature lo refer the
revised Constitution to the public
without drastic reworking. In his
inaugural address at the begin
ning of the present legislative
session, the Governor said thai
the Legislature's "greatest lega
cy" can be the adoption of a rea
listic, modern Constitution. 'Sec
retary of State Howell Appling, on
the other hand, opposes this pro
posal.) The revised Constitution has
won strong editorial support from
newspapers throughout the state
a skeptical group not common
ly enthusiastic for new proposals.
The Mcdford Mail Tribune
agrees with the Governor's state
ment to the Legislature, adding
that it should be "this Constitu
tion." "Give the voters a chance
to pass on it," it writes.
The Pendleton East Oregonian
reminds the Legislature that "it
preferred taking the responsibility
of a convention" in deciding on a
new Constitution, and concludes
that "it would be tragic if it were
the wrong decision
The Daily Astorian calls t h e
revised Constitution "worthy of
adoption by the legislature and
and "not radical." "A milestone
in 103 years of state government
in Oregon." says the Eugene Register-Guard.
Most concede that one or anoth
er provision is lairly debatable
and could be changed. But they
opjiose partial measures or furth
er delay.
"Buy by the package" urges the
Oregonian, and the Oregon Jour
nal warns "Delay will gain noth
ing" and opposes a "piecemeal
job.
The Oregon League of Women
Voters has taken a leading role
in the efforts, first for the con
stitutional revision program, and
uow for the revised Constitution
The state's Young Democrats are
another group backing the revi
sion as a plan for a future mod
ern state government, although
the revised Constitution offers no
special political advantage to ei
ther party.
A non-partisan Citizens Commit
tee for the new Constitution has
been organized under the joint
chairmanship of former Govs.
Robert D. Holmes and Charles A.
Sprague, to represent citizens in
terest in constitutional reform in
all parts of the Mate.
On the other hand, some organ
izationsthe state bar is one
have expressed opposition lo parts
of the revised Constitution or rec
ommended delay.
THE CITIZENS' ROLE
What is the individual citizen's
role in constitutional revision?
Ultimately, he w ill make the final
decision if the Legislative As
sembly can agree lo submit a pro
posed Constitution to the voters.
But he need not remain a pas
sive spectator until this happens.
These steps are open lo every in
stitutional Revision Commission.
Requests for a copy can be ad
dressed to the commission at the
State Capitol iRoom 114 Sa
lcm.
2. Suggest that one's group
luncheon club, church, local un
ion. PTA. veterans' organization.
grange, chamber ol commerce
inform itself about the proposed
Constitution. Chairman George
Layman and other members of
the Commission have spoken l
scores of audiences to explain the
Commission's work. Groups like
Portland s City Club and the Met
ropolitan Civic Club of the Eu
gene - Springfield area have cre
ated special committees to make
thorough studies of the revised
Constitution.
3. Form your own judgment
about the merits of the revised
Constitution. Then express your
opinion to your legislator and the
legislative committees now wont
ing on the proposal.
These committees of the House
and Senate, under the chairman
ship of Representative John Del
lenback of Mcdford and S e n
Walter Pearson of Portland, have
held weekly public hearings. And
they have begun considering
House Joint Resolution 1 the
revised Constitution article by
article and section by section
Now is the lime they need, to know
w hether there is public interest in
the proposal. There are many oth
er urgent problems demanding
the time and attention of legisla
tors at this session, and constitu
tional revision will look to many
as the easiest to shelve.
CAN OREGON LEAD THE WAY?
Constitutional revision by a non
partisan, deliberate commission
study has been called "a great
experiment in progressive govern
ment" that, if successful in Ore
gon, would become a model for
many states. In telling the United
States Senate of Oregon's revised
Constitution, Sen. Maurine Neu-
berger herself one of the ear
ly sponsors of constitutional re
form in the Oregon legislature
summed up the question now fac
ing this state:
"Constitutional reform is some
times attempted as a last resort,
when decades of neglect have led
to financial crisis, political or ad
ministrative scandals, or hogged
down judicial systems. Oregon's
experiment is to see whether a
state can make necessary re
forms while the record is still
good.
"Perhaps this cannot be done.
Perhaps only the spur of immedi
ate crisis can overcome inertia,
disinterest, and preoccupation
with day-to-day problems.
"If the effort fails, the cynicism
of self-styled political rralists will
gain new evidence. If live effort
succeeds, 1 predict that a scare
of states will seek to follow where
Oregon has pointed the way."
"I prefer to hope," said former
State Representative Neuberger,
"that Oregon's legislative assem
bly w ill rise to the occasion."
HERALD AND NEWS, Klamath Falls. Ore.
Tuesday, April 2, !9SJ
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