Bismarck weekly tribune. [volume] (Bismarck, Dakota [N.D.]) 1884-1943, 1895-08-02
IuAl UUUn DDUlNlUN.
The Supreme Court Today Files Its
Opinion In the Code Matter
With the Clerk.
The Opinion and Decision Set Aside
Temporarily All Session Laws
Without Emergency.
Such Laws Do Not Become Effective
Until the Code Is Printed and
Accepted.
Several Important Laws Which Were
Supposed To Be In Effect Not
Yet Operative.
From Thursdays Daily.

From Thursdays Daily.
Some interesting Developments.
The opinion of the supreme court as
to the time for taking effects of the re-
,ised codes, was fled with the clerk of
the court this morning. The decision in
this matter was rendered by the court
some time ago, but not until today was
the opinion filed. The opinion Of the
court is as follows:
Chapter "a, laws Of 1898, provided for a
revision of the statutes Of the state and for
the publication of such revision in e volume
to be known as the revised codes, and Sec
ton Z of the act provides that the finished
copies of the volume shall be delivered to
the secretary Of state and thereupon the
governor shall issue his proclamation n
%nouncing such delivery and his acceptance
of the volume, and thirty days after the
date Of his Proclamation said revised codes
shall take effect and thereafter be in force
and effect as evidence OF the laws of this
state in all courts thereof. Eeld; That it
was not only the legislative purpose to fix
by said section the date at which the
volume should be received as evidence but
also fix a date when the system Of laws con-
tanned in the volume should go into effect;
and held further that the alterations in
and additions to the laws directed to be
published in said volume, do not, except
when otherwise provided by an emergency
clause, go into effect until the completion
of the events specified in said section z.
The last portion of the syllabus above
given, refers to the session laws of the
Fourth legislative assembly, which, it
was provided, should be incorporated
with the codes. According to the text
of the opinion, therefore, it appears that
those session laws passed at the last ses-
sion, without emergency clauses, which
we're supposed to take effect July l last,
do not become effective until the codes
take effect, which will be some time next
November or December.
Such is the opinion of Attorney Gen
eral Cowan, after an examination of the
opinion which wa filed today. Mr..
Cowan holds that all session laws passed
at the last session without emergency
clauses are not yet in effect. This in
clndes the appropriation for the cactus
commission, which, will be tied up; the
law providing for the punishment of
drunkenness; the law relating to the sale
of cigarettes; the law granting bounties
for various manufactured articles; the
law requiring bonds of county commits
sioners and the various other laws, at
fecting divers interests, which were
supposed to have been in effect.
In the text of the opinion as filed, this
matter is discussed freely by the court,
and an opinion rendered which leaves no
room for doubt. "The statute Of 1882"
says the court provides in effect that
except for reasons expressed therein, all
laws passed by the legislature shall go
into effect on the first day of July succeed
ing their passage. Sec. AZ Of the constitu-
ton provides that except in cases of
emergency, laws passed by the general as
sembly' shall not go into effect prior to
July l, succeeding their passage. It is
urged that if the acts Of the Fourth gem
eral assembly can only 60 into effect
upon the publication Of the revised
codes and the proclamation of the execu-
tive accepting the same, then the act Of
1898 repeats the act OF 1889, and violates
the constitutional provision.
The. constitution provides that the laws
shall not go into effect prior to a certain
date. The statute provides that they
shall 20 into effect on that particular
date. The two provisions can stand
together"
The court holds, further, that it was
competent for the legislature Of 1893 to
fix a date subsequent to July I for the
anticipated laws of 1895 to take effect,
and says the act of 1898 did not repeal
that Of 1889, hut merely excepted the
session laws Of '95 from it's provisions.
.sThe general laws Of the Fourth legisla-
tive assembly passed without emergency
clauses continues the court, would
remain under the act Of 1893, and would
90 into effect only upon the publication
and acceptance Of the revised codes"
The opinion in the case is by Judge
Bartholomew, and all concur in the
decision.