The Detroit times. [volume] (Detroit, Mich.) 1903-1920, 1912-02-28
LEGISLATURE CAN
GIVE IMMEDIATE
EFFECT TO PRIMARY !
Attorney-General Kuhn's Ruling
Supports Sydney T. Miller's
Contention
REP. LUCAS INTRODUCES
oSBoRNS LIABILITY BILL
Moriarty Flags Senator Guy Nil
Ter For His Insult To
Governor
From a Staff Correspondent

~
LANSING. Mich, Feb. 2s.--An
opinion by Attorney General Kuhn
on the presidential primary question
noiding that the legislature els the
sole judge Of whether an act is. I'm
luediately necessary for the preser-
vation OF the public peace, health
and safety" was read to the legfsIa-
ture today.
Mr.. Kuhnis opinion was In re-
sponse to q resolution passed by the
senate Monday asking for. a ruling
on the point at issue The attorney
general quotes various authorities
to support his opinion.
Attorney-General Kuhn's opinion
says In part:
There has been no construction
OF this provision of the constitution
by the supreme court of this state.
Courts OF other states having similar
clauses in their constitutions have.
however, passed upon the question
involved, and have determined the
effect of such clauses upon the power
of the legislature to give immediate
effect to legislative enactments.
The supreme court OF Oregon has
held that when the legislature have
declared an act necessary for the
immediate preservation of the pub.
lie peace, health or safety, such
declaration Is conclusive, and is not
subject to review by the courts"
Referring to a supreme court de-
cision in North Dakota, he con-
tinues:
but 1t is argued, what remedy
will the people have II the legisla-
tnre, Intentionally or through mis-
take, declares falsely or erroneously
that given law Is necessary for the
purpose stated? The obvious answer
that power has been vested In that
body. and Its decision can no more
be questioned or reviewed than the
decision of the highest court In
case over which 1t has Jurisdiction.
nor should It be supposed that the
Legislature will disregard It's duty, or
fall to>observe the mandates OF the
constitution. The courts have no
more right TO distrust the legislature
than the legislature has to distrust
the courts. The constitution has wise
ly divided the government into three
separate and distinct departments.
and has proved that no person
charged with official duties under one
OF these departments shall exercise
cept as in the constitution expressly
| provided.
1T is true that power OF any kind
may be abused when in unworthy
hands. That, however, would not be
sufficient reason for one coordinate
branch OF the government to assign
for attempting TO limit the power and
authority OF another department. II
either of the departments, in the ex-
ercise OF the powers vested In IL,
should exercise them erroneously or
wrongfully, the remedy is with the
people.
"The constitutions OF Oklahoma and
South Dakota contain clauses rela-
tive to measures Immediately neces-
sary for the public health, peace and
safety almost identical with those
of . the Oregon and Michigan con-
stitutions, and the courts OF both OF
these states have held that under
such provisions the action OF the leg
islature in inserting an emergency
clause excludes the courts. y
The trainers OF our present consti-
tuition evidently had these rules Of law
in mind. They provided, in connec-
tion with the clause OF the constitu-
ton limiting the power OF the legisla-
ture to pass special laws or acts only
in cases where a general law could
not be made applicable that, whether
| d general act can be made ap-
plicable shall be a judicial question:
thereby abrogating the then existing
rtiie, and making the courts instead OF
the legislature the judge or the neces-
slty OF special law. The trainers OF
the constitution did not place any
such limitation or qualification upon
the clause relating to acts Immediate
ly necessary for the preservation or
the public peace, health or safety, and
| from their failure to do so IL may be
| presumed that they intended to leave
the determination OF questions aris-
ing under that clause a legislative as
ontra-distinguished from judicial
| function"
Another important feature Of to-
| days session was the Introduction
of the administrators employers