The Brookings register. [volume] (Brookings, Brookings County, S.D.) 1903-1971, 1915-11-11
take effect until 80 days after the ad.

ANA ~ - v lhC ouN
journment Of the session at which it
was passed. unless in case Of emer-
gency Ito be expressed in the pre-
amble or body Of the act) the legisla-
ture by a vote of two-thirds Of all the
members elected to each house, other
wise direct" Sections ] and % of arti-
Gle 3 should be construed and read to-
gether as if forming different parts
OF but one section. The emergency
measures mentioned in section %
must and can only refer to the same
emergency measures mentioned in the
referendum clause exception contain
ed in section 1. 1t therefore follows
that the legislature, by necessary i'm
plication, is only authorized to declare
emergencies in that class of measures
referendum clause. AS to all emer-
gency measures and acts within the
purview of this exception, the legisla.
ture may declare an emergency 10
exist, for the purpose and to the end
that such enactment may at once so
into effect, and such declaration and
finding as to he existence of such
emergency is final and not within the
power or province of the court to ques-
ton. But as to any measure, law or
enactment clearly not within the class
of emergency measures specified with
In said exception, the Legislature has
no power or authority to declare an
emergency to exist in relation thereto.
by IN vote however large the same
may be; and the action of the legisla-
ture in embodying emergency clauses
in measures clearly not comprehended
within the said exception are wholly
unwarranted and void, and should be
so held by the courts. Not that the
act itself would be void, with the re-
suit that the act would not go into
effect until the first day of the next
July, and also with the result that, in
the event Of a proper referendum petit
ton being filed as required by law,
such enactment would not go into
effect until approved by a majority
vote of the electors of the state. (Cita-
tions.) In state VS.. Meath the court
held that, as under the constitution of
1889 the courts had decided they were
without authority to review the legis-
lative discretion in declaring an emer-
gency, they should. after the adoption
of the initiative and referendum
amendment, scrutinize a legislative de-
~claration of an emergency and declare
the declaration void in case it is OBJ
~viously false, for the spirit Of a law
and the mischief intended to be rem
edied must be considered.
"The courts are not bound by mere
forms, MOI are they to be misled by
mere pretenses. They are at liberty
indeed, are under a solemn duty-to
look at the substance of things, when
ever they enter upon the inquiry
whether the legislature has transcend
ed the limits Of it's authority. If, there
fore, a statute, %purporting to have
beer enacted to protect the public
health, the public morals, or the pub
lie safety, has no real or substantial
relation to those objects, or is a palpa-
BILE invasion Of rights secured by the
fundamental law, it is the duty of the
courts to so adjudge, and thereby give
effect to the constitution" Under this
view the initiative and referendum is
a workable and efficient law,-that
whenever the legislature shall have
passed an act repeating an initiated
law, but com%prehended within the
emergency exception to the referen-
dunn clause, the same may be referred
to a referendum vote the same as may
any other law which is subject to the
referendum. We are Of the view that
this was the clear intention Of the
trainers of the initiative and referen-
dunn amendment to our constitution as
expressed by the plain terms thereof.
We therefore hold that the legisla-
ture had the power to repeal chapter
POI, laws of 1911, and to enact in lieu
thereof chapter 258; that the only re-
lief the courts might have granted
under any circumstances growing out
of the enactment of chapter 258, for
reasons hereinbefore stated, was to
have ordered and required that the
enactment, or law known as, chapter
258 be submitted to a referendum vote
of the people Notwithstanding the
emergency clause thereto annexed; but
that cannot be granted for the reason
that the people have not invoked the
referendum, or put the same in opera
ton, as to said enactment by the filing
of a referendum petition signed by at
least FIVE per centum of the electors
of the state.
This being a cause involving a mat