Golden Valley chronicle. (Beach, Billings County, N.D.) 1905-1916, 1909-01-15

ooAolO lHC pCOpio III IuS CcC0IC Nam.
paign with platform pledges forr anti
pass legislation and you have aV been
elected to this legislative assembly
upon one or the other platfory4.
If the railroads are for the use of
the public they are for the use of tho
waole public and no person is en-
ti'led to any special privilege not
common to all. If the railroads give
me passes and make you pay your
faro they give me q. special privilege
that is denied to you. The railroads
cannot afford to carry any one for
nothing and If they do it is done
either at the expense of the general
travelling public or by return Of IA
vors. In either case it is q pernicious
system. I therefore recommend the
enactment of an anti.pass law similar
to the anti-pass provisions of the fed.
eral rate bill.
The Judiciary.
In my last message called atten-
ton to the prevailing sentiment in
this state in favor of a non-partisan
judiciary. l believe that this senti-
ment is stronger now than it was
two years ago. So important and
sacred an Office as that Of Judge Of
the court of last resort should be by
law placed above and beyond the con-
troll of any political party.
therefore recommend that the
primary election law be SO amended
that the names of all candidates for
judicial office be placed upon one bal
lot, separate from the names of other
candidates and without party designa-
tion, and those receiving the highest
number of votes, to the number of
those to be elected, be placed upon
the ballot at the general election
without opposition.
Under the present law the supreme
court sits in Bismarck, Fargo and
Grand Forks. At each term of court
large number of cases are argued;
so many, in fact, that before the court
can decide them all the oral argyll
ments are forgotten. The court should
be located permanently at the capital.
Tie court can then, under it's own
rules, set few cases for argument,
notify the attorneys Of the respective
parties and then, while the arguments
of the attorneys are fresh Ia the
minds Of the judges, the cases can be
decided, the opinion written and q
new batch Of cases noted for trial. In
this way the court could keep abreast
of its work and reap the full benefit
Of the oral arguments.
Executive.
Under section II OF the constitu-
ton the executive power Of the state
Is vested in the governor and he 10
commanded by section Is Of the con-
stitution to take care that the laws
he faithfully executed. These are not
idle words in the constitution. They
mean something; and it they mean
anything they mean that the oxecu.
tive power shall be in fact; vested in
the governor and that the legislative
assembly shall place In his hands the
power to comply with the mandate Of
the constitution t. take care" that
the laws be faithfully executed. In
other words, there is "a moral obliga-
ton on your part to enact such legis-
lation as will give effect to the consti-
tuition. This obligation is implied;
but we are not obliged totrely on the
implication, for it is als6a expressed
in section GO. which reads: "rhs leg
islative assembly shall pass. all laws
necessary to carry into eftectsthe pro-
visions of this constitution" This is
mandatory provision of the consti-
tuition, but we are not obliged to rely
upon the language of;.the section to
determine whether it is mandatory
CT not, for section Fl says that "the
provisions of this constitution are
Mandatory and prohtbitopy unless by
express words they are declared TO be
otherwise" It follows then that the
legislative assembly must pass all
laws necessary to carry into effect the
provisions of the constitution.
One of the provisions ofsthe copsti.
tuition is: "The executive power shall
he vested in the governoN." Another
is: "He shall take care that tho 1aYt
be faithfully executed" The lett6li-
ture must, therefore, pass such ieSis.
lation as will enable thei governor to
take care that the laws 'be faithfully
executed.
Executive Lacks Power.
There is a general impression that
the governor has this power. Every
day there are letters coming to the
executive Office with information that
the laws are being violated 10 certain
parts of the state and requesting the
governor to enforce the laws. During
my term of Office great portion Of
my time has been employed in trying
to enforce the laws of the state and