Bismarck weekly tribune. [volume] (Bismarck, Dakota [N.D.]) 1884-1943, 1895-01-11
convention at 2 p. m. to listen to the mes
sage of Governor Shortridge and inaugural
Of Governor Allin.
SE NATE,
Second Days Proceedinee,

second Uays PrOceeolnge,
On motion of Senator La Moure COM
mituee was appointed to correct the jour
nal of the preceding day.
On motion Of Senator Gregory a COM
mittee of four was ordered appointed to
join a committee of five of the houseto con.
slider the report of the compilation COM
mission.
The courteses of the floor were extended
to NJ. Il. Hildreth of Fargo.
The report of the compilation committee
was read, as follows:
REPORT OF REVISING COMMISSION.
To the Honorable, the Legislative Assem-
bly, OF the State of North Dakota:
We have the honor to submit to you here
with our report in the form of seven bills
to establish a system of codes for this state,
and specifically repeal statutes incOnsist-
ent Herewith. We have felt Obliged to
present our work in this form by reason of
sections I'll and "a of the constitution,which
provide:
mo bill shall embrace more than one
subject, which shall be expressed in it's
title, but bill which violates this provis-
ion shall be invalidated thereby only as to
so much thereof as shall be so expressed"
mo bill shall be revised or amended. nor
the provisions thereof extended or incor-
porated in any other bill by reference to its
title only. but so much thereof as is srevised,
amended or extended or 80 incorporated,
shall be re-enacted and published at
length.''
Each of the codes, as they were originally
adopted in 1877, constituted a separate act
with specific name and title. Since their
adoption, however, a large number of acts
the codes, but which were passed not as
amendments, but as independent acts. TO
Illustrate, chapter liz of the laws of 1883,
providing for the organization of civil
townships, was in effect an amendment of
the political code, but was passed without
reference to that code as ali independent
act. Many of these acts were as much in
need OF amendment as the original codes
For the purpose of amendment, however,
each act amended constitutes subject
and bill purporting to amend two OF
more independent acts would he in con.
tiict with section III of the constitution
which provides that no act shall
mission was, therefore, reduced to the al
tentative of preparing multitude of bills
one for each act amended, or preparing a
system of codes which should embrace all
the law, both new and old. The latter
seemed by far preferable. 1t presented the
law as an entirety. so that the different
parts could be considered in their relations
bility Of important parts failing of enact.
ment, and so leaving the law in frag-
| mentary state of ultimate compilation.
Finally, the form in which we have pre-.
pared the work is free from constitutional
doubts. as the supreme courts of several
states having the same constitutional pro.
visions as North Dakota have decided that
an act establishing a code. though the code
embraced many subordinate subjects, was
not in conflict with the constitutional pro.
visions which we have quoted. 1t would
serve no good purpose for us to at
tempt to review at length the
changes which we have proposed or to as.
sign reasons therefor. The work itself will
best present these matters. In revising
the laws we have been guided by the fol
lowing rules:
l. To remove conflict and uncertainty
from existing laws.
2. To present such new provisions as
the Constitution and complete system of
codes require.
8. To introduce no extreme or radical
changes, believing that such measures
should have their initiative in the legisla-
tive assembly.
We submit also memorandum indicat-
ing the sections of the codes which are left
unchanged and those which have been re-
drafted or amended.
Very respectfully yours,
BURKE CORBET,
CHARLES F. AMIDoN,
GEO. w. NEWTON
Revising Commission.
c. j. FISK, Secretary.
The report was adopted.
The senate then adjourned.