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Call

Defined in 2 dictionaries — Bouvier (1914), Kinney (1893)

Bouvier's Law Dictionary and Concise Encyclopedia

John Bouvier; revised by Francis Rawle · 1914

Initiative is the right of a specified number of the electorate to unite in proposing laws to the legislative body, which, after due consideration, must submit the same to the vote of the people for their approval or disapproval. Referendum is the referring of legislative acts to the electorate for their final acceptance or rejection. At the end of 1911, the initiative and referendum were in force in 209 cities in 25 states, and were a part of the fundamental law, for state purposes, in 11 states: Maine, Missouri, South Dakota, Arkansas, Oklahoma, California, Colorado, Arizona, Montana, Oregon, and Washington. In 1912 Idaho, Wyoming, and Nebraska adopted these measures. Recall is provision for the retirement of an elected olllcer, by a vote of the electorate. In 1911 the right to recall was provided in Idaho, Montana, North and South Dakota, Washington, Wisconsin# Wyoming, and California. Like provisions were adopted in 1912 ceslaln questions of public policy are submitted to an election. In Iowa, Michigan, and Massachusetts the recall exists in connection with the commission form of city governments. So, also, in Parkersburg, West Virginia. California and Arizona provide for the recall of judges. An initiative and referendum amendment to the state -constitution was held not repugnant to the national constitution guaranteeing to every state a republican form of government; Kadderly v. Portland, 44 Or. 118, 74 Pac. 710, 75 Pac. 222; nor does that provision of the federal constitution prohibit a direct vote of the voters of a subdivision of a state in strictly local affairs; In re Pfahler, 150 Cal. 71, 88 Pac. 270, 11 L. R. A. (N. S.) 1092, 11 Ann. Cas. 911. Whether the initiative and referendum provisions in the constitution of Oregon so alter the form of its government as to make it no longer republican, according to Article IV, § 4 of the United States constitution, is a purely political question as to which the courts have no jurisdiction; Pacific States Telephone & Telegraph Co. v. Oregon, 223 IJ. S. 118, 32 Sup. Ct. 224, 56 L. Ed. 377, dismissing writ of error to the judgment in 53 Or. 162, 99 Pac. 427; to the same effect, Kiernan v. Portland, 223 U. S. 151, 32 Sup. Ct. 231, 56 L. Ed. 386. See Referendum in America by Dr. E. P. Oberholtzer. The report of a special committee of the American Bar Association on the Recall of.fudges (Rome G. Brown, Chairman) to the 1913 meeting, contains much information on that subject. 'The practice was adopted in Oregon in 1908; in California in 1911; in Colorado in 1912 (and also a provision for the recall of judicial, decisions as to the constitutionality of statutes and of certain city charters): Arizona in 1912; Nevada in 1912. In Kansas and Minnesota a vote will be taken in 1914. In Arkansas a constitutional amendment was adopted in 1912, but was held to have been improperly submitted. The report gives an extensive bibliography on Judicial Recall.

A Law Dictionary and Glossary

George C. Kinney · 1893

To request or command to the discharge of a particular duty voice. Call a case: to announce may now be tried or argued; to a particular list Call a docket, list in open court with inquiry are ready for trial; to call for docket or list for trial or argument names of persons summoned the Call a party: to call the name mand him to appear for the plaintiff: formally to nonsuit the don the case, which is effected room and not appearing when to require a prisoner to present ment in presence of the court ness for examination; to call his but has not appeared, preparatory In American land law. To designate object or a course and distance, In English law. Call to the bar: the Inns of Court the degree or