On Power to Increase Supreme Court 117 designating the number of justices of the Supreme Court, when relieved of circuit duty, were intended to designate a minimum in the class, and in no> sense were intended as a limitation upon legislative power. The constitution was enrolled, and adopted as enrolled, by a vote of thirty-five yeas to ten nays. Mr. Olney, Mr. Meigs, Mr. Shattuck, Mr. Short, Mr. McBride, Mr. Reed, Mr. Prim, Mr. Nichols, Mr. Lewis, Mr. Applegate, Mr. Scott, Mr. Chadwick, Mr. Shrum, Mr. Campbell, of Lane, Mr. Bris- tow being absent and not voting at the time, afterwards signed the constitution pursuant to a resolution authorizing this to be done by all the members who were absent. The convention was composed of sixty delegates, and was a representative body of men from all the walks of life. The government cre- ated by the constitution was simple, economical and ideal, and the constitution as thus framed withstood all efforts to amend the same until the adoption of the initiative and referendum amendment on the 2d day of June, 1902. Constitutions when adopted should not be quickly changed or set aside, and courts should uphold their provisions. In construing organic law self-imposed upon the people by their votes, courts should never fail to recognize that cardinal rule of construction that state constitutions are limitations upon and not grants of power, and that all power not expressly taken away from the people by the constitution, remains with them to be exercised by the whole people, or by their repre- sentatives in legislative assemblies when and as they may decide or desire. Courts will not and should not strive to overthrow an act of the legislative assembly, or an initiative measure adopted by popular vote — by any narrow or strained construction of the constitution. If the constitution plainly forbids the particular exercise of legislative power either by the people or the legislature, the courts will and should uphold the constitution, and deny the law-making power its exercise in the special and particular case. In doing so, the statute must appear to be unconstitutional beyond a reasonable doubt ;
