The Brookings register. [volume] (Brookings, Brookings County, S.D.) 1903-1971, 1915-11-11

power to enact, that is, pass, amend,
or repeal, any law whatsoever 1t
pleases, unless it is prohibited from SO
doing by either the state or federal
constitutions,-that the courts can
only restrain the execution of a statute
when it conflicts with either one or
the other of said constitutions. In de-
termining the constitutionality OF IA
statute, as is we'll said in one of the
cited cases, we peruse the statute, then
examine the constitution, and ascer-
tain if this instrument says: Thou
shalt not" and if we find no inhibition,
then the statute is the law. The inhi-
bition of a constitution may be either
express or implied, that is the consti-
tuition may expressly prohibit any
constitution by its inherent terms may
of necessity prohibit certain acts of a
legislature by reason of the inherent
conflict that would arise between the
terms of the constitution and the
power claimed in favor of the legis-
lation. (Citations.)
With these rules in view we will ex-
anime the question presented. Section
1, article 8, state constitution, as it
originally existed read as follows:
The legislative power shall be
vested in a legislature which shall
consist of a senate and house of repre-
sentatives."
That was a grant of general plenary
power conferred upon the legislature
by the people, to enact, amend, or re-
peal any statute law, excepting only
in those instances where prohibited by
such constitution. In 1898 said sec
ton /, article 8 was amended to read
as follows: Initiative and Referen-
dunn amendment, including emer-
gency clause provision of our present
constitution.)
AS we view this constitutional
amendment. there is nothing contain
ed which, either expressly or implied
ly, in any degree, conflicts with, in
hibits, limits, abridges or prohibits
any part of the legislative power orig
inally granted to it to enact, amend or
repeal any law which it might have
enacted before the adoption Of this
amendment. The fact that the people
themselves may propose or enact laws,
in connection with the legislature, in
no manner conflicts with or prohibits
the legislature from itself also enact
ing the same law that might be desir-
ed by the people. If the legislature of
its own v~olition should enact the same
law desired by the people, the initia-
tive would then become unnecessary
and useless as to such law. The evil
dent purpose of this constitutional
amendment was not to curtail or limit
the powers of the legislature to en-
act laws, but the purpose was to com
pei enactment by the legislature of
measures desired by the people, and if
the legislatures neglected to act as
so desired by the people, that then the
people by means of the initiative
Themselves. And, recognizing the
right of the legislature to enact laws
as it pleased, within all it's constitu-
tional powers, the referendum was de
signed as a check upon all legislative
enactments not favored by the people.
The only prohibition or inhibition or
limitation in relation to legislative
power, appearing in the initiative por-
ton of the amendment is that which
relates to the veto opwer, and which
reads: "The veto power of the eXecu-
tive shall not be exercised as to meas
ures referred to a vote of the people"
If the trainers of this constitutional
amendment had placed therein Ian
gauge something like the following:
mo legislature shall have power to re-
peal any initiative measure referred to
a vote of the people" then the consti-
tuition would have expressly prohibit
ed the Legislature from amending or
repeating initiated laws; or if they
had placed something like this in the
constitutions: Initiated laws can be
amended or repealed only by a vote
of the people" then this constitutional
amendment would, by necessary i'm
plication, have prohibited the ~legisla-
ture from repeating initiated laws. But
no such limitations of the legislative
power appears in such amendment or
elsewhere in this constitution. Appel
lants, are, in effect, now asking this
court to read into the constitution
something that is not, either expressly
or by implication therein. In some of
our sister states the initiative and re-
ferendum constitutional amendment
prohibits the repeal by the legisla-
ture of initiated laws. Getting consti-