The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1897-07-10
IDAHO IN A BAD TANGLE
A Supreme Court Decision That
Knocks Out Many Laws.
EXTRA SESSION NEEDED

speeIal pIspateh 10 rhe slandard.

Special Dispatch 10 The STANDARD.
Boise. Ida. July a-The supreme court
to-day rendered decision In the county
fee bill case that is the most FAR reaching
ever emansting from that court. The
court holds that the fee bill passed by
the last legislature is invalid and. In adj
diiion, practically decides that nearly
every hill passed by the last legislature
Is unconstitutional, Not only that, but
IL Is a question whether the decision does
not inyalidate the, laws OF other legiSla-
lures since the organization OF the state
OF Idaho. No one eau tell at this time
Just how lar reaching the decision is.
but II would without doubt. create wide
spread CONSERVATION throughout the
state, The county Zee law worked a
sweeping reduction In the fees of county
officers and IL WAS attacked by the lat
ter on the general ground Of unconsti-
tutionality. The supreme court upholds
this contention, holding that the hill was
unconstitutionally passed both in the
house and the senate. The court holds
that any bill passed under an omnibus
resolution suspending the provisions of
the constitution requiring separate read
ings In fun is invalid. Such suspension
can only be- had In case OF emergency and
then must Apply only to the pending bin.
Again. the court holds that an amended
hill going back 10 the house from which
Il originated must he treated as an or
igntal hill by that house. Both OF these
requirements were violated In the case
OF the fee bill.
The decision was delivered late this
afternoon and II Is impossible To make
un examination OF records to ascertain
lust how many laws OF the last and pre-
vious legislatures come within the sweep
ing decision of the law, hut those Ia
miliar with the course OF legislation. as
sert that fully two-thlrds of the laws
passed ut the last session are invalid
under the decision. Lawyers are now
locking that matter up. II Is safe TO say
that at least all the bills of the last leg
islature amended in the house oppo-
site TO that In which they originated are
unconstitutional, while "A great many
VIII he found to hp void. owing 10 the
general suspension of the provision OF
the constitution respecting readings. II
Is possible that the anti-gambllng hill
will he included In the category OF In
valid legislation, while those best in
formed assert that every appropriation
bill IL unconstitutional II the decision
Is found TO AFFECT as many laws AS seems
now likely. Il Will be necessary to con-
vene the legislature In extraordinary SEES
sion. State officials are dumbfoundcd
and their CONSERVATION Is only equaled
by their helplessness.
The opinion says in part: 'The Jour-
nal OF the senate fails to show that the
bill WAS read on three separate days I'm
the senate after II had been amended 2,
times by the house. or that II was read
In the senate at an after II was amend
ed by the house or that the bill with
the house amendments thereto was ever
finally voted on In the senate after IL
had passed the house. A bill which
passes one house and Is materially
changed by amendment by the other
house and then sent back to the house
where II first originated. must go
through the same procedure rs to rcad-
Ing and final vote as II II was AN orig
inal bill The mere declaration by the
same that we concur IN the house
amendment does not answer the re-.
quirements OF the constitution"
Regarding the suspension OF the pro-
vision OF the constitution requiring the
reading of bills. and permitting the
readings To he by title only. the decision
says: This provision OF the constitution
Is 10 he suspended only In eases of
urgency, and only with reference to a
bill which H. then pending before the
house for consideration al the time OF
suspension. II cannot be suspended gem
orally. II has been the practice OF the
legislature either to suspend by unani-
nous consent or by an omnibus rcsolu-
tion. but the court holds that suspension
must be by an aye and nay vote shown
ON the Journal"