Washington standard. [volume] (Olympia, Wash. Territory) 1860-1921, 1915-03-12
TANNER ROLLED By
EMERGENCY DECISION
ORGANIZATION ALSO DISCOMFIT-
ED BY DECISION PRESERVING
REFERENDUM TO PEOPLE.

Apparently disgruntled at the su-
preme court decision which put the
kibosh" on the indiscriminate use of
the emergency clause as means of
defeating the referendum amendment
to the state constitution, Attorney
General w. V. Tanner squared him
self away this week with long state
ment to the effect that some $1,000
900 Of the $9,500,000 appropriated
for the state government in the ON
nibus bill came within the scope of
that decision, "read the riot act" as
to some of the awful things that
might happen, IN an endeavOr to dis
credit the court and it's decision, and
by announcing he might filed a petit
tion for a re-hearng tried to throw
a scare" into the court.
The statement was addressed to
Governor Lister, who came right back
with the statement that "if the emer-
gency clause is used by the legisla-
ture under the provisions of the con-
stituti,n, do not feel that the state
or its institutions will suffer in any
way" and in later statement quoted
the following section from the deci-
sion itself showing that the court
specifically mentioned appropriation
bills as coming within the meaning of
the constitutions:
Lister Quotes Decision.
"'The true rule is, the referendum
cannot be withheld by the legislature
in any case except it be where the act
touches the immediatep reservation
of the public peace, health or safety,
or the act is for the financial support
of the government and the public in
stitutions Of the state-that is, ap-
preparation bills. II the act be
doubtful the question of emergency
will be treated as a legislative ques-
ton and the doubt resolved In favor
Of the declaration Of emergency made
by the legislative body"
The decision came not only as a
considerable surprise to the Repub-
lican legislative organisation, which
had hit upon the idea of tacking the
emergency clause to its pet bills as
the safest means of preventing their
becoming subject to the referendum,
but caused distinct discomfituer in the
organization ranks because OF the
effect back home" Immediately
upon being informed of the decision,
Governor Lister wrote formal letter
to both houses notifying them OF It..
and the letters reception by those
bodies was accompanied by more
"horse-play" than generally accorded
the governors communications. ap-
parently because he had put one
over" on them.
Following the decision, organixa-
ton members of both houses have
seized every opportunity offered to
comment and play the baby act" on
the emergency clause. repeating 1t
right and left. in sort OF Sour
grapes" frame of mind. sometimes on
measures which properly might come
within the constitutional provision.
In addition, Senator Sharpstein. Re-
publican floor leader in the upper
house, inserted In the proposed
amendment concerning the initiative
and referendum, q provision permit
ting the legislature. by . two-thirds
vote. to declare an emergency on
anything.
Decision Given Saturday.
The decision was given last satur-
day when, by q vote Of to I, the
state supreme court sustained the
contention Of Governor Lister that
the legislature cannot attach an
emergency provision to q new law to
make it take effect Immediately un-
less it is actually necessary for the
public peace. health. safety. or the
preservation Of existing state institu-
tons. The suit was brought at the
suggestion Of the governor to test the
validity Of the emergency clause at
tached to the new bill changing the
personnel of the state land board and
was argued before the supreme court
By Attorney p. n. Troy Of this city.
Incidentally, the new land board has
organised. ordered a sale OF state
lands and has approved plat OF land
near Yakima, all Of which acts. under
the decision, are illegal. as the court
holds the emergency clause was i'm
properly attached, and the bill will
ndf taxa effect until On daYA After the