Saturday news. (Watertown, S.D.) 19??-19??, 1915-12-30

eSa 3aat aa emergency declared ny
he tcgSSfasGr@ Was legal and mol
eap re SuS&Ss&I Sasetpresasscn2 Nav
sSlaas the E&@vE snd reverseS this
&Ta96T aSscA&ten. but TOO hate TO per
hit tae people 10 use the referendum,
81 sae roaTS 5asiaes its present
azyS5TsyGt35a AS an EXCUSE. Way
saGfG he people. aadeT any circua1~
&UceS have to keep up Hobbies aud
a&TSUe the legislature with TefeTen-
ta@s petitions S0 defense of laws IN
Ec1e& by IG2mSulves2 When The peo-
sAe enacted the initiated Richards
primary election iaw they directly
ssnGe en- Jhat measure and should not
&c cs}Ie3 uPaa 20 use The referendum
q retain the law,
TED court also mentions that the
yoveTAaT exercised no veto power on
he repsa&GE act. II IS true the gov
2TGHr ola not directly use the veto
sewaTT bat Ae mpllshed the same
0eSalt, I~ndir~ctiy by approving &
|ensGre 10 repeal the initiated law,
lie same SIS the court did in Setoing
be initiative by extending the use of
! Re referendum to suspend initiated
! ENs, Pray what Is the difference
SeJwsen s direct or an indirect veto
: either accumpllShes the same re-
salt?
TIE court slso holds that because
Ae constitution does not contain q
aun5e-5nE Inhibition in form Of
77HeGs Thou shalt not repeal initia-
sd laws that the legislature can do
o According TO this sort of logic,
ne legislature could likewise pass
Ews 70 Tscsll judges and repeal the
feet Of other constitutional proyis-
aaS because The constitution does not
@Gy Thou shalt not Pray in what
orEn does the court wish iEhtbitious
Ehez II decides that words like 'eE-
cpl and expressly reserve have no
rSsrie15ye meaning. See State eX rel
l!raAT6s VS.. Wlismlan. And that
words lzGe thou shalt not take emoi-
tr3tats above salaries have NO
7zEi2E- saa Mccoy VS.. Haudlin. i5&
sT " Page S6t. And that the words
legislative appropriation is not 10
Eaaz seasonal but may mean per
aetueL, permitting over a million dol
2rs 10 be paid out az the public
( rsssury from the miscellaneous
'2Eds during the past four years.
~tfhoat current appropriations of the
legislature as q check. See State eE
/ 81 LopgstaE VS.. Anderson And that
I hs word may" means must" see
CITE ex rel Cook vs.. Policy.
The Court. in its opinion, admits
/ the evident purpose OF the constitu-.
7 ienal amendment = = was that
: the legislature neglected to act as
Q desired by the people, that then
he people by q of the initiative
! night enact such a into law
! themselves. *" Does not this
/ evident purpose exactly fit the rec
2rd of the Richards primary cleo
'cn law? The legislature of 1911
+; 'efUsed to pass ii. The people de-
tlFed it and approved the measure in
g{2. The legislature of 1913 sub
! aittea z substitute for repeal, on a
I fraudulent petition, and the people
~.s2iiEed TO repeal the Richards law
n 1914. From the record Of this
aw, the evidence is clear that this
! initiated law is in accordance with
he intent of the constitutional pro-
5jsions, even as interpreted by the
| GnEusge Of the courts own adverse
2~ninjon. as above cited. 1t will thus
q seen that the court crosses itself
! = It's own opinion and thereby proves
appellants contention.
"Afuch Is said in the Courts opin-
VII about language left ont of the
constitutions, instead OF interpreting
sd uphoTdiug the intent of the Kan
sEage that Is in rhe const'fItion.
j2outh Dakota led in aocptioa of di-
,ect LEGISLATION and it would only
Lave been fair TO have supported It
; - - . -. 4 a., 49, ~ ;+ya&ft,o NTH,
q referendum, or with precedents
5m other states. Note the various
state ex rel proceeding quoted above
J4ish we're brougatzhy different citt-
itenH in behalf Of public welfare. Also
iaOte how the supreme court has in
Zach casa decided against the people
IN apparent t~echnicalities of words
instead Of on the merit of the accept
I'd meaning of words and statutes
sought to be upheld in truth, judg-
nent and Justice. Webster's diction-
AIRY is upset. The Court has become
. lexicon on presidents by its own
/ 1raele in etymology. The truth of
words are shrouded with clouds OF
teehniGue to readily ut u applica-
ion desired. The court does not ap-
near to recognize the eternal truth
hat the first rule OF u is ltS
tientiacation Ia a word, which rule,
3r law, as accepted by the peonle,
~f.udeg our form of government be
ONES morality in all things. A court
may wash It's hands Of the responsi-
liIity OF upholding constitutional or
ttatutory INTEGRITY and yet make It's
aeeision infallibly legal; but 1t can
not make It moral o. right II 1t ID
not trpa TO Judgment and justice IN
The public mind.
The Effect
The supreme court deeision hal
..ItuTned the constitutional table AND
made the legislature a referendum or
1.-The people to compel the people e
nee tlie referendum to save their Owl
Initiated laws. Ii gives the legislature
he weapon TO repeal the vote OF thu
se5ple. II pits the referendum
agalnst the Initiative, fnstead g
AGAINST the legislature. And pits TIN
!, preaentative machinery OF the gov
|. rnmsHt against the people them
III sa4&x@sG - .sfs,nt &ha onstrt hf,fSu ftc