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

Special to the Globe.
PIERRE, 5. D, Feb. IAN interesting
development was made today, which
may 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
a constitutional majority, This diScov-
cry was made by the lieutenant COVER
nor while searching for presidents to
sustain a ruling of his last Saturday.
The constitution is positive in its re-
uuirenent that no measure shall pass
and become a law without the affirma-
tive vote of a majority of all the mern-
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-
qured % votes to pass a bill, but the
apportionment bill only received %, a
majority of the active members. but not
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
nortionment 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-
latiun passed with less than three
fourthS of all the members-elect. At
Iornpy General Crawford, without COM
hitting himself or Investigating author
tiles, is of the opinion that an amend
tnent can be cOncurred in by a majority
of those present. The situation is cre-
ating great deal of anxiety. 4
A dill was passed by the house eX-
closure of mortgages from one to two
years under certain conditions, also a
bill abolshing the Office of state Ell
gineer of irrigation. The worlds fair
bill came up for final passage today in
the senate. and was passed By a vote OF
81 to T. The bill carries an appropria-
ton of Sc. 900, OF which suip $4,000
shall be set apart for a Woman's board.
The bill now goes to the house, where
| it is believed it will pass.
Air. Grill. PopnIist member, intro
duced a bill memorialIzing congress to
AID railroad from the Calf OF Mexico
to the Canadian border, also FOR me-
mortal III favor vi iSSuing legal tender
notes for developing al i.!ta5ian irriga-
ton system. The anti-riakerton oil
came I'D III the house. aid after I'll aiii-
mated discussion was T,'conuittpd Tor
amendment. fnc hoH y raiirJ.i con-,
nittpt held two meetings today t. con
sidpr pen,linI bills. bal 80 Reports " IL
made. II i rNpe,.i,f! that ti,. : l,ii I
tee will agree uA Tie Il "a 49,
Ill vi iJn., oil oh i,.,stcd....