In April, 1901, the matter of an initiative and referendum amendment first reached a supreme court, coming up in South Dakota, regarding acts to take immediate effect, passed under the emergency clause of the amendment. The court held that the Legislature is sole judge as to what laws are “necessary for the immediate preservation of the public peace, health or safety, or support of the State government and its existing institutions.” The fundamental principles involved were not questioned on either side. But in December, 1903, the initiative and referendum amendment was directly attacked in the Supreme Court of Oregon, and unanimously sustained. The Court, per Bean, J., said: “Nor do we think the amendment void because in conflict with Sec. 4, of Art. 4, of the Constitution of the United States, guaranteeing to every State a republican form of government. Now the initiative and referendum amendment does not abolish or destroy the republican form of government, or substitute another in its place. The representative character of the government still remains. The people have simply reserved to themselves a larger share of legislative power, but they have not overthrown the republican form of government, or substituted another in its place. The Government is still divided into legislative, executive and judicial departments, the duties of which are discharged by representatives selected by the people. Under this amendment, it is true, the people may exercise a legislative power, and may effect veto or defeat bills passed and approved by the Legislature and governor but the legislative and executive departments are not destroyed, nor are their powers or authority materially curtailed.” Although the question of the nature of laws initiated, or otherwise adopted by the people, upon reference to them, was not directly before the court, it said: “Laws proposed and enacted by the people under the initiative clause of the amendment are subject to the same constitutional limitations as other statutes and may be amended or repealed by the Legislature at will.” Concerning that clause in the amendment which says: “the veto power of the governor shall not extend to measures referred to the people,” the court held that this applies to bills actually referred to the people, and not to all that might be referred, and that all acts not submitted to a referendum may be vetoed. The Utah and Nevada amendments have not been tested in court. Indeed, that of Utah is not self-executing, and the Legislature has not yet enacted a method of procedure to give it effect. The South Dakota amendment specifically applies to municipalities as well as the State. Nebraska in 1898 enacted a general initiative and referendum statute for counties, townships, cities, villages and school districts.