Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1915-03-06

put into tenect; ulal is, those ifor the
immediate preservation OF the public
peace, health and safety" and do.
scmbing the particular way OF making
such laws effective; that Is, by thc;in.
PRODUCTION sof al separate section tn
the act stating the facts which SHOW
the necessity and makes the act "for
the. immediate preservation Of the
public peace, health and safety, and
requiring a vote Of two-thirds "of all
the members elected to each house"
to adopt it.
The first effect produced by. the
Ressessen amendment is to abolish
and superssde the emergency clause
provided for In section 60 above quot,
ed as II has been known since state
hood. The saws which the Legislature
is now empowered to put into effect
are those which are for the iMmedi..
ate. preservation OF. the peace, health
and safety of tbs people. This limit
alton did not formerly exist, The
amendment requires the reasons to
be. stated, This was not formerly re-.
quired. The amendment requires a
separate roll call on. tie peace health
and safety clause. This was not for.
mlserly required. The amendment.
also requires that tWo-tliirds OF the
members elected shall vote for the
peace, health and safety clause in or.
der to carry it. Formerly only two
thirds OF. those present were required
to adopt the emergency clause,
j 1t, will be noted also that unless q
bill comes within the peace, health
and safety, provision of the amend
mert and has been removed from the
referendum power In the maner there
In prescribed, every bill is subject to,
the referendum power, which means
that it stands merely as q. proposed
law, awaiting the decision % the PEG
pie. as to whether they wish to .slls-,
pend it and take a vote upon II; The.
legislature itself may, by q. majority
vote. OF, the members elected, refer
any act to the people which would,
suspend it until. the people at an, cleo,
tion had determined whether it
should be. effective. All laws except
those which have been passed with
the peace. health and safety clause.
are subject to the referendum 81. the
people. The decision as TO ,whstherr:
these laws shall be, suspended. until
an election is held is left to 10 per
cent Of, the voters. OF the state. that,
is, If 10 per. cent. of the voters ,ioft. the
state gathered from a majority tof, the
counties-that is, tWenty-six counties.
file a petition, request. 0y order with
the secretary Of state within 80 days
after the Legislature has adjourned,
The proposed law vii await the pleas.
ure of tha voters at the succeeding
election. The majority of the votes
cast at the election will ultimately
determine whether the proposed law
shall go into force or be rejected, but
the power of Determining Nheethers
the act of the legislature shall. be
suspended is put into the hands OF
10 per cent, of the electors This pow
er stheys exercise by filing the petit
tion or requesttas above stated, The
proposed law is then automatically
suspended. This power, Twill also
be noted. is given not only to every
act of tina legislature, hut to every
fiitem or part Of any act"
RssnesssaUI 6Ss4aInty. ~
Uncertainty az: to. the number of
signatures lis removed, the proYi;-
sion that the whole number Of votes
cast for, secretary Of state q. the reg
ulAr election. lAat preeedingssthe filing
Of aIystpetatipl,i for the Initiative or
for the referendum shall be the basis
on which the number Of legal voters
necessary atoassign such petition, shall,
be counted. ssat&gs u ea$ss &tf&!
The amendment, also removed the
possibility of defeat Of. the referend-
powers reserved to. the people by
including the following provision:
This amendment shall iibe self.execut-
ing, but legislation may be enacted.
to facilitate its. operation.s
1t is. entirely plain that the emery,
ency clause which has llbeen. in force
for 25 years under section 81 above
is no .lopger, effective; and
all, such acts Of the, present lsgis-.
latYre as. contain the old emergency
and passed, in the customary
way dtiS ~ sAO WAY t0hcAr SWu% 49,
the referendum power and stand as,
other acts subject to. the exercise OF.
the referendum power and. dp not be:
come effective at least until59O days
after the legislature has adjourned
Only such acasEas have been put un'
der the peace. health and safety
assproyided by the amendment
are taken out: of the referendum pow:
err All other acts are subject to the.
referendum power and must await
tho decision of 10 per cent ofsEthes
voters as to whether they wish, to-
have them submitted to a vote. There
may be a question as to whether, IN
case referendum petitions are not FL
ed, these proposed Laws will go into
effect 80 days after. the legislature ad'
journs or on July ], 1.-THE date liked IN
section g. above5quoted. !.
This is North Dakota's first practi'
cal experience withsWhat a man from
South Dakota, which has struggled
with the initiative and referendum Tor
some years, called "the theories or
academic socialism"
I'M TINRrp WIFI