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

- .. re" oI2JGCS NCCuSVs
Slightly more than 5000 voters can
suspend any law but the budget. A
law when once suspended will be-
come ineffective for two years until
the next session of the legislature
This is the situation which escaped
the notice of the chairmec1 Of The
house and senate judiciary commit
tees Representative iDivet, who has
drawn many of the emergency claus
es to the bills overlooked the mat
ter. ,... l..--, ,..z.s
! When Treadwell Twichel!. chair
man of the house appropriations com
mittee. acting in conjunction with T.
D. Kretschmar, chairman Of the SEN
ate appropriations committee, secur-
ed an opinion from Attorney General
Linde it developed that every emerg
ency clause was vitiated by the initf-
ative and referendum amendment to =
the constitution and suggested that a
special emergency clause as laid
down by this section of the constitu-,
ton protect the budget.
Taken by surprles.
When Mr.. Twichell sprung this
opinion on the house last evening and
moved that the special emergency
clause be affixed to the budget bill to
safeguard the operations of the gov
ernment against possible suspen-
sion by the referendum, it took the
house by surprise. A special roll call
was had and there was not one dis
senting voice. Ployhar seconded the
motion and insisted upon call Of the
house. Divet's face. who has been
regarded as the legal brains of the
house. was study. He had overlook
ed bet.
Might Have Held Up State.
If this provision had not been plac-
cd in the budget. it would have been
possible to suspend any or all appro-
priations for two years. A special
session Of the legislature would have
been necessary to doctor the bill up
had anyone seen fit to suspend any
feature OF the budget bill.
May Suspend Measures.
1t is not known whether any laws
passed by this legislature will be at
tackled under the initiative and ref
erendum. There is rumOr that sew
eral important measures are slated
for suspension if for no other reason
than to demonstrate the fallacy Of
the kind of initiative and referendum
law that makes it possible to vitiate
any legislation for period Of 80 days
following adjournment of the legls-
lature.
Asleep at Switch.
Had the lawyers of the house ana
senate been alert they would nave
known that the general emergency
clauses under the old laws were OF,
no effect under the present Initiative
and referendum act. Attorney Gen.
eral Linde's letter sets forth the point
plainly 1t follows:
Lnde's Opinion.
You ask whether the emergency
clause to tbe attached to the general
bill is sufficient to put
sucb act in force Immediately after
passage and approval by the COVER
nor or whether the operation OF the
same would be suspended for Il peri
I'd of ninety days before 1t became
effective.
"The emergency clause to which
'ou refer is the customary fern here
ofore followed, pursuant 20 Section
4 of the Constitution, being a mere
declaration that an emergency exists
md that the act shall 90 into effect
after its passage and ap-
'roval by the governor.
Not Sufficient
''In my view, the emergency clause
bove referred to is not sufficient to
Civ \