The Detroit times. [volume] (Detroit, Mich.) 1903-1920, 1912-02-28


"a OF article OF the constitution OF
1908. prescribe that mo act shall take
affect or be In force until toe expira-
ton or 90 days from the end OF the
session Al which the sams-is passed
except that the legislature may give
immediate effect 10 acts making APP
populations and acts Immediately nee
eSsGry for the preservation or the pub
lie peace. health or safety by two
thirds vote OF the members elected to
each house"
AS the purpose OF an act providlng
Tor "A presidential primary would NOT
DC. the making or an appropriation. al
IfF-Ess-f see-
cbsary for It's machinery, the questl On
resolves itself as TO whether the legis-
lhiure has the power TO give such AN
seS elect as measure OF peace. health
With much deferenee TO the gentle
men who have answered your question
~ the negative IL Is my firm opinion
that the legislature has such power N
II choose 10 exercise II.
The constitution expressly gives the
les islature the right To give Immediate
ciiect TO acts necessary for peace,
70 such need? Not the courts. nor the
eminent lawyers who have assumed 10
80 so. but the legislature itself. Under
out system OF government, where such
"a power IL conferred upon the leglsla-
tive branch, II can exercise IL in it's
discretion, and the Judicial branch must
not interfere, AS has been said by our
supreme court, the rule is general that
courts cannot inquire into the motives
Of legislatures Ina passing enactments."
La such cases the Legislature perfores
must mako It's own hnding as TO the
necessity, aud that hnding cannot be
rCNiewed by the courts.
III this were matter OF first impress
sior and or hrst application OF this
power. II might be approached with the
feeling that any such use as contem-
al ia A A. A
ccdented stretch Of the language used
in the constitution. A very cursory eX-
animation or the legislation OF this
state since the adoption Of this constt-
by your ohnorable body, at its session
In iSll, to enlarge considerably the
narrow limits which perfectly literal
application OF the terms peace, health
and safety might Involve. Among 9TH
er noteworthy lnstences In which acts
were given Immediate effect for one or
mere or those reasons, ! may cite the
Following, which have not been crlti-
tackled by others, up 10 the present. All
are found In the public acts OF 1911.
and may be Indicated as:
Act I, abolishing the office OF com
missioner Of mineral statistics;
Act 10. relative to dividing townships
and villages into election districts
Act 10. for the purchase OF books
for the state library;
Act 81, for the appointment of an as
sistaht state Librarian at an annual
salary OF $1,000;
Act sc. increasing the salary OF the
commissioners OF insurance TO $500;
Act 92, creating a commission TO m
yestigate the system OF taxation
Act ia, directing the state tax COM
mission 10 examine into mining prop
critics;
ACT 1863. In relation 10 primary
election TO nominate candidates for
school offices;
Act gao. to provide for the control
OF old battle flags.
These are but few, chosen a ram
dom other instances will be furnished
you, IL you wish them OF those enum-
Grated IL Is to DE remarked that one at
least (act l6g) related to primaries
To be sure, that deals with the rights
OF women voters and may have been
passed In terror of the suffragete, IL
these acts be constitutional one car
hardly question the action proposed
IL is not necessary for the legisla-
ture To wait for CORY threats or acts Of
lawlessness to warrant the passage OF
a measure IL deems of Importance to
the public peace IL IL finds the pro-
posed legislation will preserve inc
peace of mind OF the citizens. II should
be sufficient reason for It's passage, and
once passed. Ii should not be assailed
Yours respectfully,
SIDNEY T. MILLER