The times. [volume] (Washington [D.C.]) 1897-1901, 1901-05-04
REFERENDUM IN SOUTH DAKOTA
The New LAW Practically NuIiified
bN n Sunrcme Court Decision

by 81 Supreme Court Decision.
SIOUX FALLS, S. d, May 3-South
| Dakota and Utah are the only States in
the Union which have adopted the in
itiative and referendum a a part of their
! organic law. This State was the first to
| enact the statutory machinery to carry
| it into effect The status of the Refer
endum law Of South Dakota and of the
various bills which the State Referendum
League decided to refer to d vote of the
people at the general election of next
year has been the subject of urgent en-
quiry on the part of advocates of the ref
erendum in number of other States in
the Union which are thinking of adopting
a similar measure. A recent decision of
the State Supreme Court in case re
Gently argued before it, regarding the title
to office of Ex-Governor Lees vacancy ap-
pointees as members of the State Board
of Charities and Correction. has direct
bearing on the referendum and TO legis-
lation in general, and is of great political
Importance.
The decision of the State Supreme
Court" said Thomas H. Ayres, a promi-
nent member of the committee selected by
the State Referendum League to select
the measures passed by the last Legisla~
ture for submission to the voters Of the
State, settles the status of the referen-
dunn, completely emasculating it, and
leaving the Legislature the sole power of
determining whether the people shall pass
upon the acts of their representatives.
The initiative and referendum was intro
duccd as proposed constitutional
amendment in the Legislature of 1897 by
William E Kidd, who has since been
Of =, t.
tee. 1t had the support of II. l.. Loucks.
then President of the Farmers Alliance
and Industrial Union.
The amendment was adopted by a large
majority of those who voted on the ques-
ton, the Populists generally favoring it
and many of the Republican voters giving
it their support. while the Republican
leaders regarded it with indifference. The
Legislature of 1899 enacted a statute put
ting the new constitutional provision into
immediate effect. An exception was made
of such laws as may be necessary for
the immediate preservation of the public
health, peace, or safety, support of the
State government. and it's existing insti-
tutions."
During the session of the Legislature
which closed a few weeks ago the Repub-
lican managers were confronted with the
problem of how to avoid the reference of
bills intended to place their party in com
plete control of the machinery of the
State. The Fusionists of the State. not
withstanding the overwhelming Repub
lican victory last fall, still held possession
of the penal and charitable institutions,
which they had won as the result of the
election of Governor Lee for a second
term in 1898 Whether the referendum
s.l,s
gency clause TO a bill Ga provision made
by another section of the constitution
was a subtle and delicate question with
those in control of party affairs. 1t was
finally decided to pass a bill legislating
the Fusionist members of the State Board
of Charities and Correction out of office.
The measure embodied an emergency
clause, with the additional declaration
that its passage was necessary for the
support of the State government and its
existing institutions This was an adroit
attempt to forestall the operation of the /
referendum by embodying one of the eX-
ceptions of the referendum amendment I
permitting the Legislature TO pass meas /
ures to which the referendum would not |
be applicable.
that the State Supreme Court passed. The !
court held that full and separate effect |
should be given to the constitutional pro- /
vision permitting the Legislature TO pass /,
laws with an emergency clause attached. 4
and holding that such laws cannot be |
referred to the people; also, that where /
the Legislature declares law necessary (
for the protection Of the public peace. !
health, safety, OF support of the State /
government and its existing institutions, I
such measures cannot be appealed to the /
people. The court will not enquire wheth- /
er such declarations are well grounded, /
the Legislature being vested with sole /
authority to determine the matter.
There is but one class Of enactmentS /
which may now be referred. viz, laws /
which have passed by a majority vote of /
the Legislature, and to which there is /
not an emergency or other constitutional |
declaration giving immediate effect The /
question will be a live issue-if not the /
controlling one-in the off-year election |
If