Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1915-05-12

OF course the contrary is true. The
legislature blundered in not provid-
ing through statutory enactment GER
tain regulations for the operation of
the referendum. 1t blundered also by
not atflxing the emergency clause to
most Of the bills whose suspension
wOnld embarass the state and upon
which there was no serious difference
of opinion.
Discovered by Third House.
The truth of the matter is members
of the Third House, discovered at the
eleventh hour that all the functions
Of state government might have been
suspended unless the emergency
clause wasg affixed to the general ap-
preparation bill. In this instance the
legislature escaped blundering through
the activity of persons not members
OF the legislature at all but chiefly
through Attorney General Linde and
some of his close advisers.
What Could be Accomplished.
Lieutenant Governor Frame states
that little could be accomplished by
calling an extra session were these
laws suspended owing to the inability
of the legislature to place the emer.
tency clause upon all laws.
The fact of the matter is the legis-
lature itself is the Judge of whether
the emergency exists.
The amendment to section No 25,
article No. 2 of the Constitution of
Uorth Dakota, providing for the Ini-
10 1l,n, ,faiv VIC
following provision with reference to
placing the emergency clause on bills
passed by the legislative assembly in
order to take same away from the
referendum:
''When It is necessary for the imme.
diate preservation of the public peace,
health or safety that law shall be-
come effective without delay Such
Necessity and the Facts Creating the
Same Shall Be Stated in One Section
of the Bill, and if upon aye and no
vote in each house two-thirds Of all
the members elected to each house
shall vote on a separate roll in favor
of the said law going into instant op-
GRAFTON for the immediate preserva-
tion of the public peace, health or
safety such law shall become opera
tive upon approval by the Governor"
A Legislative Function.
The Power to. Declare an Emergen-
cy to Such Laws Only as are Neces-
sary to the Immediate Preservation of
the Public Peace, Health and Saftey
and the Necessity or Expediency Of
Putting Such Laws into Operation at
Op,o 'rbrouob IN Erooruop C1ouoo
is Question of Fact the Existence Of
Which in Either Case is Exclusively
for the Determination Of the Legisla-
ture.
The Oregon Constitution on the
question of Initiative and Referendum
is practically the same as that of
North Dakota with reference to i've
operation of the Emergency Clause.
It's Supreme Court says in the case
of Kadderly vs.. City of Portland "A
Pacific, 10:
.. Conclusive and Final.
Under the Initiative and Referen'
dunn amendment laws necessary fof
the immediate preservation of public
peace, health or safety are excepted
from it's operations. AS to them the
action Of the Legislative and Execu.
tive Department is conclusive and
final so far as their enactment is con-
cerned.
'.But it is argued what remedy will
the public have if the legislature eth.
er intentially or through mistake de-
clare falsely or err0neously that a Civ.
en- law is necessary for the PURPOSE as
stated The obvious answer Is that
Continued on Page Five.)