The true northerner. [volume] (Paw Paw, Mich.) 1855-1920, 1912-02-23

before the legislature at the last regular
session, but Governor Osborn did not see
ut at TINT time To urge its enactment
What has happened since that time To
create this extraordinary occasion that
warrants the calling OF the legislature in
special SESSION. Que needs a microscope
to find out. The governor certainly
strained point when ne discovered
anything very extraordinary in the
occasion. TO the eyes OF mere lay nan
instead OF there being any extrsordi mar,
features In the matter, &c appears very
ordinary indeed, just the same as t had
been for the past seventy years.
But This is not the grestest stumbling
block that Is in.the way OF the governors
scheme. Mr.. Osborn has stated publicly
that there is no reason why the
presidential primary law may DOT be
given immediate effect" But the con-
sttution OF the state, section 81, lie
3, says: mo act shall take eff act or be
in force until the expiration of ninety
days from the cod of the session at
which the same is passed, except that
the legislature may giUe immediate et-
feet TO acts making appropriations and
acts immediately necessary for the pres
CREATION Of the public peace, health or
safety by a tUo-thirCtS cote of The mem
berS Of each house.
IL is very evident that it is Governor
Osborn vs.. the constitution of the state.
Ii the proposed legislation can be given
immediate effect, then the clause of the
constitution quoted is nugatory and of
no effect. Tue old constitution which
was superseded by the present one, con
ferred on the legislature the power to
give any law immediate effect by two.
thirds vote, so it is beyond all cavil that
the law makers intended by inserti
the aforesaid italicized words to limit
the power to the conditions and circum
stances therein specified.
The pr posed law is not an appropria.
ton bill 1t has nothing to do with the
public health, and Vt cannot he claimed
that the public peace or safety will be
in any wise affected by the enactment
or non enactment of presidential,
preference, primary statute. But, the
advocates and upholders Of the call for
tfe special session say public sentiment
is decidedly ir favor of such a law"
Perhaps that is true but the consti-
tuition does not say that the Legislature
may give statute immediate effect
because public sentiment is favorab
to it. Ii the law cannot be given im-
mediate effect, it Will be wholly useless
in so far as the nominations of the
present year are involved and the
matter might better have been deferred
until the regular session of next winter,
and the people would have been saved
the expense Of the special session.
Governor Osborn says il will not cost
more than $4,000 and that is a mere
bagatelle, not more than postage
stamp for each lnhabitant of the state
Well, $4,000 is $4,000, a considerable
sum Of money in the eyes OF most
people, even il it does look small to the
governor.
Perhaps, il the convention is held as
1 ususl-t will be nothing extraordinary
| il it is, President Taft may get the votes
of the Michigan delegation, and, possibly
il there we're primary, Col Roosevelt
might be the choice of the republican
voters OF the state. Nobody can tell
how this would be. Personally, the
writer is a strong Roosevelt man aud
would rejoice at his nomination, but he
does not desire it hard enough to want
to see the plain commands OF the con-
stitution set aside to accomplish such
result, and he does not believe that two
thirds OF the members Of the legislature
| will stultify themselves by attempting
so to do. II they should do so, there is
little doubt but the matter would be
carried to the supreme court, the only
legal body that is authorized to pro
nounce finally on the constitut ionality
or unconstitutionality of statute and
few men learned in the law. will be
found who will venture az opinion that
giving imm sdiate effect TO the proposed
statute will not be in violation of the
plain command of the supreme law of
the state
| Roosevelt Republican