Santa Fe new Mexican. [volume] (Santa Fe, N.M.) 1898-1951, 1913-02-11
X \ y \ \ \ \ = = = = = = )
\ SALARIES BILL )
q, PASSES HOUSE.

SHIAHlES DILL ~
x PASSES HOUSE. y
y At $3.50 this afternoon the >
\ County Salaries Bill passed the >
y house by vote of 2S to 16, af- y
X ter eliminating all amendments y
Y offered, including emergency ,
\ clause. Should this bill pass the >
< senate the measure will be in eff y
= feet 80 days after its passage y
\ in the senate and approval by
\ the governor.
s < = s = \ X N < x s = = =
In an opinion by the attornev gem
eral this morning, the ruling OF SPEAK
@, r. L. Baca last evening, that the
emergency clause is a part and parcel
OF any bill to which it is attache:' ana
That a two-thirds vote is required 10
Lass the entire measure, was upheid'
This is a complete reversal of the
rulings in the legislative senate ard
1,ill have the effect OF cOmpletel.
changing the methods of passing
emergency bills in the future II 1t IS
accepted as authority. That the house
as accepted it, was shown this morn
inc. when on motion of Mr. Rogers, a
new form of inserting the emergency
clause. as outlined by the attorney
general. was placed in the county sal
allies bill.
The opinion of the attorney general
vas read in the house this morning
at the request of the speaker ana
made part of the records OF the
touse. 1t created a mild sensation
and was an apparent blow to the Ola
Guard contingent who never have
ceased maniplations in an effort to
s-har 70 .he49aouse situation I
The opinion rendered by the attor-
1fey general is as follows:
February II. 1913.
Hon. R. l.. Baca,
Speaker of the House of .Represen-
tatives, Santa Fe, N. M.
Dear Sir-Late yesterday you ask
ed me for my opinion as to the effect
of majority vote less than two
thirds, upon an act which had been
put upon it's passage in the house
with a section declaring that it was
necessary for the preservation of the
public peace, health or safety, SO
that it should take effect immediate
ly upon it's passage and approval in
accordance with section % of arti-
Gle Nv of the constitution.
My first impression was that the
act should be considered as adopted,
but to take effect only at the expira-
tion of ninety days after the adjourn
ment of the legislature; but upon
careful consideration | have reached
different conclusion.
I have made an investigation to
see whether any assistance could be
had from the reports of adjudicated
cases in other states having similar
provisions, but without success. There
is one case in Colorado which does
not seem to be applicable because
the language of the constitution of
that state is somewhat different SO
that the court held that the "emer-
gency clause to be effective, must be
adopted by vote of two-thirds of all
the members elected to each house"
That is to say, the clause to put 1t
into effect Immediately must be
adopted by such vote, although the
whole act might have been adopted
by a mere majority. This case is re-
ported in 18 Colorado, page 291.
There are two Oklahoma cases in
which it was held that the emergen-
cy clause was invalid because of GER
tain provisions in the constitution
which made it impossible for such
bills as those under consideration, to
be put into effect Immediately upon
their passage and approval; but the
court still held that the act generally
would take effect at the expiration
of the ninety days after the legisla-
ture. 1t will be seen that these cases
are not at all like the question pre-
sented by you to me- They are re-
ported in 100 Pacific at page $50 and
ITO Pacific at page 1913. do not be-
lieve there are any other cases even
remotely bearing on this question un-
less they have been SO recently de.