The times. [volume] (Washington [D.C.]) 1897-1901, 1901-05-04
REFERENDUM IN SOUTH DAKOTA
The New Law Practically NuIIifed
by n 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 as 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 a 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 a number of other States in
the Union which are thinking of adopting
| "A similar measure. A recent decision Of
| the State Supreme Court in a case re-
Gently argued before it, regarding the title
to office of Ex-Governor Lees vacancy APP
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, 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-
DUN, completely emascuiating 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 1891 by
William f. Kidd, who has since been
Chairman of the Populist State Commit
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 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 its existing insti-
tutons."
During the session of the Legislature
which closed 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-
llcan 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 1895. Whether the referendum
could be defeated by attaching an emer-
gency clause to bill "a provision made |
by another section of the constitution |
was a subtle and delicate question with |
those in control of party affairs. 1t was I
finally decided to pass 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
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 20 pass
laws with an emergency clause attached. Z
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. support of the State
and its existing institutions, !
such measures cannot be appealed to the
people The court will not enquire wheth-
pr such declarations are well grounded,
the Legislature being vested with sole
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
lot an emergency or other constitutional
giving immediate effect. The
question will be a live issue-h not the
one-in the off-year election
If