Saturday news. (Watertown, S.D.) 19??-19??, 1915-11-11
|UphoIds / legislative Right
/ to Repeal Initiated Laws


trainers Of this const fonaI amt nd
Iment had placed therein Ian
sonnet hing y ke th g assss fiso
Legislature shall ppas to re
peal an ii,i itiat tive measure referred
10 d vote Of the peopl ss then
iconstitution would haVe xprossIy
gproI1i bitsSs :, he legiat rom amend
ing oi' rep peal Ing iilitiatei Il 81 II
they had placed * omet Z. alike Ill
al the aonst itutional amendment 1ils
itiated laws can be amended or resS
peal only bss a vote oifs / tho peop
then this canst i'll tlitionM amendment
would by iiecessaT nplicat ION, hslye
prohibited / lae Iegi slatiire from re zeal
ing the initiated laws but no sue
limitatio ions of the leeislat live pow Ell
appears In such amend nj ont on elise
'whe ere in this corlst itlit fem Appel
lants, are In effect cW lSing thia
court tn read int the coiisfi TIT ion
scmet thing that is not, either h qressly
on by inapli lieati ion herein 4 sssina oisa
our sister ntates the Initiative and
|referend duIn eonstitu nal ali dine
prohibit the rel peal Es the legi stature
laf Tfitiatad laws, 2 (siting eplst itus 1ls
& tons Of some q her sta ates!1
e Adgertii,g to che selnerg feas
tslfss Tho court tes that Iii Il
Iaieaisfafi,re has no valid right 10 do
clare an eIne ergcncy to exist except
ling under conditions ii tatga II
Econstitution, and iere u saggestiun
thar the ID sslr afinef III tilss
llspoWer to put d law into iIiIned He
Ieffect BIZ inerely u attaching the EN-
lgency clause which, of itself. when
mot used in connection with measures
for the immediate relief ana safety
Of the public may De subject III tllss
referendum.
Courts conclusioi,
he court = concluding portion al
the opinion Il as follows:
stT he court are not bound hy mere
forms. 5ft, nor are they to be iaisled by
\ indeed, are under 4 solemn duty.
1 to look at the substances of things,
Y X heneYer hey enter upon the en-
alirs Whe ther the Legislature has
| ltraIlsceilded the limits OF Its author
ffsfity. -, therefore d i tatnte, purports
ling TO have been enacted to protect
| The public health. the public mora tls,
EorS the public safety, has no real OF
|slipst tantia relation to those objects.
Tor rs palpabie invasion of rights se-
teured by the fundamental law, IL Isl
1 the duty Of the courts to SO aijudge,
land thereby give effect to the con
Istitufion.' Under this view the i1,i4
tiative and referendum Is a workable
and efficient law that whenever the
| Legislature shall have passed an act
/ re pealirg an initiated law, not com
lsprebended within the emergency ex-
Iception to the referendum clause the
same may be referred to a referen~
dunn vote the same as any other law
/ y Itch is subject to the referendum
/ We are Of the view that this. was the
clear Intention of the trainers Of the
initiative and referendum anendIn flt
| to our constitution as expressed by
tsthe plain terms thereof.
We therefore hold that the legis-.
ilature had thet power To repeal cha rteI-
( 20l Laws Of 1911 /. and to enact iii.
lieu thereof chapter 25S; that the
only elief that the courts might have
grant ed under any circunst stances grow
ing out Of the enactment Of chapter
2b8 for reasons hereinbefore stated,
was 10 have ordered and required
that the enactment. or law known ais,
chapter 25S be submitted to the refer
\ 2endtim vote oil the people notwitIi-
ssLandIng the emergency clause there
70 ann but that cannot be grant
:ed rs fora the reason that the people have
not invoked the referendum, or put
the same in oper alton. as to said en-
actment by the filing OF a referendum
petition signed by at least FIVE lar
centum Of the electors Of the state
This being 4 cause Involving !
matter Of public concern. by written
OF counsel for both appel.
e e nlss and espondent, Nv. Al. Lynch.
lasq. attorney as aTnicus curae, has
n.ea MS brief contending that chapter
Z ~! Laws OF 1911, newer became
valid Initiated law of this state. ii,
lnaI tne same was not approved BY 33s
3 Vote of all / he electors OF the
! !, state aa Dut we are Of the view that
enIs con tention III not well grounded
lof me reason that neither Under tie
cons al 'tItution or the statute {ssec. 22,
FOL ,s34 gode) under which Initiated laws
al e Pc voted upon 1t is required that
me same shall Ieceive more thau 4 s
ma a1oraty Of II votes cast upon the
submitted.
he Judgment ana order apnealed
rom are 81 f1fru1ed d 81 sis % u