St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1893-02-08
AN ILLEGAL BODY.
That Is What the South Dakota
Legislature Appears
to Be.
The Last Apportionment Bill Not
Passed by a Constitutional
Majority.

Special to the Globe.
PIERRE, s. d., Feb. An interesting
development was made today, which
NAV lead to serious complications. 1t
was discovered that the law which was
passed by the last Legislature reappor-
tioning the legislative districts two
years ago passed the senate by less than
constitutional majority, This discov-
cry was made by the lieutenant COVER
nor while searching for presidents to
sustain ruling Of his last Saturday.
The constitution is positive in its re-
duirement that no measure shall pass
and become law without the affirma-
tive vote of a majority of all the mem-
bers-elect to both houses of the legiS-
lature.
In the case in point there were IS
members-elect, but l had died and L had
been elected to the United States SEN
ate, leaving but 43 active members,
There being As members elect, it re-
quired % votes to pass bill, but the
apportionment bill only received 90 a
majority of the active members, but not
a majority of those elected. 1t can
readily be seen what complications may
come up if it is held that the present
legislature is an Illegal body.
A number of prominent constitutional
lawyers have been interviewed on the
subject with diversity of opinion.
Ex-Judge Palmer was OF the opinion
that the acts of the present legislature
would be legal, but the next legislature
would have to be chosen under the old
apportionment Ex-Attorney General
Dollard is of the opinion that the pres
ent legislature should Ie-enact the APP
portionment bill OF two years ago. One
complication likely to arise is the fact
that in the house a constitutional
majority under the old law is sixty
three and under the present law only
forty-three. which would cloud all legis-
lation passed with less than three
fourths of all the menberS-elect. At
iurney General Crawford, without COM
hitting himself or investigating author
tiles, is of the opinion that an amend
ment can be cOncurred in by majority
of those present. The situation is cree
ating great deal of anxiety. I
A Dill was passed by the house ex-
| tcnUtil8 TIT lcuciii ptiOii ptItu oli iOi < :
| closure of mortgages from one 10 two
years under certain conditions. also a
bill abolishing the Office Of state ell
gneer of irrigation. The worlds fair
bill came up for final passage today in
the senate. and was passed By vote OF
81 to Il. The bill carries an apprUpra-
ton of $4,000, of which sup Slo,00J
shall be set apart for a Woman's boar,!.
The bill now goes to the house, where
| it is believed it will pass.
Mr. Grill. Popnlist meinber, intro
! duced bill memorializng congress To
aid !, railroad from the CALI Of Mexieu
| to the Canadian border. also FOR a me-
mortal III favor of iSSHinG legal tender
notes for developing an aIt,-5ian irrga-
ton system. The anti-l'iakefton oil
| came I'D in the hoU5t. anil after III ami
| mated discussion was rs't'o.niittrd foI
| amendment fne hon,, raiirdI clai-
| nIitteu ileiti two MEETINGS t,mIdy t. coa-
! sidpr pending bills. ban 80 Gs-onrF~ y i
| na,lr il is expected lh.ti the { .i;il I,
| tee will agree On ti:r' u "a IT,. 49,
| HI u iJa,;, Ji.l "a. I.s,.f->t-;..