The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1897-07-10
Special to The Herald.)

Especial to The Herald)
Boise, Ida, July 9.-The supreme
court today rendered a decision in the
county fee bin case that is the most
far-reaching ever emanating from that
court. The court holds that the fee
bill passed by the last legislature is
invalid, and, in addition, practically
decides that every bill passed by the
last legislature is unconstitutional. Not
only that. but it is a question whether
The decision does not invalidate the
laws of other legislatures since the
organization of the state of Idaho.
No one can tell at this time just how
far-reaching the decision is. but ii will
without doubt create widespread con-
sternation throughout the state.
Ihe county fee law worked a sweep
ing reduction in the fees of county
oIlcers and II was attacked by the lat
Ter on the general ground of uncon-
stitutionality The supreme court up
holds this contention, holding that the
Diu was unconstitutionally passed, both
IN the house and the senate.
The court holds that any bill nassed
under an omnibus resolution, suspend
ing The provisions of the constitution
requiring separate readings in full. is
invalid Such suspension can only be
had IN case of emergency and then
must apply only 10 the pending bill
Again the court holds that an amend
ed bill going back to the house from
which ii originated must be treated as
an original Dill by that house. Both of
these requirements were violated in the
case of the fee bill.
The decision was delivered late this
afternoon and it is impossible 10 make
an examination of the records TO as
certain just how many laws of the last
and previous legislatures come within
th5>sWeeping decision Of the court But
those familiar with the course of Iegis-
lation assert that fully tWo-thirds of
the laws passed at the last session are
Invalid under This decision. Lawyers
VIII now look into the matter
1t is safe TO say that at least all bills
of the last legislature. amended in the
house opposite to that in which they
originated, are invalid, while a great
many VIII be found to be void owing
TO the general suspension of the provi-
sion of the constitution respecting
readings.
1t is possible the anti-gambling bill
viii be included in the category of in
valid Legislation. while those best in
formed assert that every appropriation
bin is unconstitutional. If the decision
Is found 10 affect as many laws as seems |
now il is likely. il viii be necessary to
convene the legislature in extraordinary
session.
State officials are dumbfounded and
their CONSERVATION is only equalled by
their helplessness.
THE JOURNAL RECORD.
The opinion says in part:
The journal of the senate fails to !
CHI
separate days in the senate after il 1
had been amended p times by the |
house, or that it was read in the SEN /
ATE at all after ii was amended by the |
house, or that the bill with the house |
Amendments thereto was ever finally /
voted on in the senate after it had /
passcd the house.
a bill which passes one house and I
IS materially changed by amendment |
by the other house and then sent back /
10 the house where it first originated |
must go through the same procedure /
as to the reading and final vote as
If Il vas an original bill.
The mere declaration by the senate
that we concur in the house amend /
msnts does not answer the REQUIRE
ments Of the constitution"
READING OF BILLS.
Regarding the suspension of the pro
vision of the constitution requiring the
reading Of bills the first and second
times and permitting the readings to
he by title only, the decision SAYS:
This provision of the constitution is
t. be suspended only in cases of
urgency and only with reference to a
bill which Is then pending before the
house FOR consideration at the time of
suspension. 1t cannot be SUSPENDED
generally. Ii has been the practice Of
the Legislature either to suspend by
unanimous consent or by an omnibus
resolution. but the court holds that :
suspension must be by an aye and nay
vote, shown on the journals
The decision continues: The pro
visions Of the constitution recurring
three several readings. the printing of
bills and an aye and nay vote on final
passage Of any bill are mandatory. To
ascertain whether the legislature in
the passage of bill complied with the
of the constitution. the
court may go back of the enrolled bill
to see If the journals of both houses Of
the legislature show that the require
ments Of the constitution were obeyed
in the passage Of the act in question.
AN AFFIRMATIVE SHOWING.
THE journal of both houses of the
legislature must affirmatively show
that the provisions of the constitution
in regard To the passage of any law
were substantially followed by the
legislature in the massage of the act.
the vality Of which is questioned.
While the journals of both houses of
the legislature are entitled to absolute
verify and cannot he contradicted, vet
if the journals fail to show that any
step required by the constitution in the
passage of law was taken such fail ;
ure to show that such step was taken ,
is conclusive evidence that it was not
taken. Neither house of legislature
can suspend the provisions of the con-
which requires three readings
On separate days in each house. except
IN case of urgency, and then only on an
aye and nay vote by two-thirds of the :
members voting with reference to only
one bill then before such house"