Pierre weekly free press. (Pierre, S.D.) 1889-19??, 1905-02-23
would be repudiated by the

geries. would be repudiated by the
courts.
Your committee further reports
that it is of the opinion that the mi
tistive and referendum provisions of
the constitution and laws of this state
clearly contemplate that the legisla-
ature, if properly petitioned, shall enact
and submit any measure proposed by
per cent of the qualified electors of
the state, and your committee at this
time disclaims and repudiates any in
tention OF desire on its part to avoid
or disregard these provisions of con
stitutionai and statute law. But this
committee does conclude that these
provisions, both constitutional and
statutory, are mandatory and impera-
tive ar!l for the protection of both
the people and the legislature from
fraud and illegality, that it was not
the intention of these provisions to
deprive the legislature of the power
to investigate any so-called or purport-
ed petition that might be filed in the
=ofTice OF the secretary of state or
transmitted to the legislative bodies.
A contention that holds that tie two
houses of the legislature have no
other functions to perform than mere
ly clerical or ministerial duties is
puerile and robs those bodies of the
power to protect their dignity and
insure them from fraudulent imposi-
tions. Were their duties no more
than this it would Be useless to trans
nit petitions beyond the Office of the
secretary of state, to be by that officer
certified to the several county audi.
tors for insertion in the official bal
lots. Such contention would COM
pei this legislature not only to enact
Legislation absolutely opposed to it's
own conscience and good sense. but
also to assume the odium of placing
large and totally unjustifable expense
upon the people
Your committee further concludes.
under the facts specifically set forth
herein that to recognize any purport-
ed petition bearing upon it's face such
absolute proofs of fraud, Illegally and
forgery would be violation of the
constitution and laws OF this state and
the oath OF office taken by all the
members of this body to support the
same; that it would place a premium
upon fraud and wronsdoing and would
furnish precedent for designing per-
sons to propose even iniquitous meas
aures and procure their enactment and
submission to the people of this state.
that while the constitution and laws
OF this state should always be OBJ
served and given full faith and credit
by the members of this body, they
should never be allowed to be pervert-
ed or used as tools of designing per.
sons to further wrongful ends. Your
committee believes that the highest
duty deyolving upon this legislature
is that of protecting the constitution.
the law, the people and the legisla.
ture itself from such frauds. crimes
and illegalities as are patent in this
case.
Your committee further reports
that it has given an attentive ear to
all persons who have desired to dis
cuss the matters connected with this
purported petition with your commit
tee; that it has been ready and will
ing at all times to meet and hear any
persons who were interested in the
same. No person has asked to appear
before your committee on matters
connected with the purported petition
who has not been given respectful
hearing and the matters advanced by
him given careful and courteous con.
sideration.
And, for the reasons hereinbefore
set forth, your committee recommends
that the further consideration of said
purported petition and all bills, mat
ters or measures based or founded
thereon or connected Herewith be in
definitely postponed. Respectfully
submitted,
James M. Lawson,
Henry Robertson,
H. T. Cooper,
For Committee.
Minority Report of the Standing Com
mittee.
Mr. President: A minority of your
committee on rules, to whom was re-
ferred the certified copy of the petit
ton for the enactment and submits
sion to the electors of this state of a
primary election law, as proposed in
said petition, begs leave to report that
such minority is unable to agree with
the report made by the majority of
said committee, and dissents there
from
The minority member of said COM
mittee has made an investigation of
said petition and the proposed law.
and of the signatures attached, and lis
in every way satisfied that it complies
with the letter and spirit of the con.
stltution and the statute, and that to
deny it the recognition to which it is
clearly entitled would be an open and
dagrant violation of the constitution.
The minority of said comm, ittee rec.
ommends that said petition be accept
ed as sufficient and binding man
date to this legislature to require the
on Mt +. m