The herald-advance. (Milbank, S.D.) 1890-1922, 1905-02-24
geries, would be repudiated by the

SoulI W.
Your committee further reports
that it is Of the opinion that the ini-
tiative and referendum provisions Of
the constitution and laws of this state
clearly contemplate that the leHisla-
ture. il properly petitioned, shall enact
and submit any measure proposed by
5 per cent of the qualified electors Of
the state, and your committee at this
time disclaims and repudiates any in
tention or desire on it's part to avoid
or disregard these provisions of con
stitutional and statute law. But this
committee dOes conclude hat these
provisions, both constitutional and
statutory, are mandatory and impera-
tive and for the protection of both
the people and the legislature from
fraud and illegally, hat 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
Office OF the secretary OF state or
transmitted to the legislative bodies.
A contention hat holds hat the two
houses OF the legislature have no
other functions to perform than mere
ly clerical or ministerial duties Is
puerils and robs those bodies of the
power to protect their dignity and
insure them from fraudulent imposi-
tons. 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 a 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 unjustifiable 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, illegality and
forgery would be a violation of the
the cath of ONCE taken by all the
members Of this body to support the
same; that it would place a premium
upon fraud and wrongdoing and would
furnish a precedent for designing per-
sons to propose even iniquitous meas
ures 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 devolving 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
thai it has given an attentive a 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 anv
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 a 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 OIL measures based or founded
thereon or connected Herewith be in
definitely postponed. Respectfully
submitted,
james NJ. Lawson,
Henry Robertson,
Z. H. T. Cooper,
For Committee.
Minority Report of the Standing Com
mittee.
Mr.. President: A minority of your
committee OF rules, to whom was re-
ferred the certified copy of the petit
ton for the enactment and submits
SlOI " Tie electors Oh IIlS 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.
n minority member of said COM
mittee has made an investigation Of
said petition and the proposed law.
and of the signatures attached, and is
in every way satisfied that it complies
with the letter and spirit Of the con-
s~titution and the statute, and that to
deny it the recognition to which It is
clearly entitled would be an open and
fragrant violation of the constitution
The minority of said committee rec
ommends hat said petition be accept
ed as a sufficient and binding man.
date to this legislature to require the
enactment and submission of the
measure therein proposed. Respect
fully submitted,
Warren Young