Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1915-03-13

referendum law a dead letter.
The people have reserved the right
10 pass upon the acts of the legisla-
ture, says the decision, and therefore
an emergency is NO longer final and
conclusive. The decision disclaims
tsat there is any controversy between
the two coordinate branches of gov.
eminent. Ii touches upon the fact
that the legislature has or is about to
pass an act a%bo.ishing the tax commits.
sion and that this gives room for the
adoption Of the emergency clause, but
is not sufficient grounds for the legis.
%lature's action. In part the decision
says:
Government Up to the People.
ut may be true that this holding
will undo the future policy OF the
state as declared by the legislature;
That, ipasmuch as the change must
in any event be mace, the court should
not take upon itself to say that the
change should net be made immediate.
ly. Our answer is that We are not re-
sponsible for the present situation.
The peop.e have a right to adopt any
oy Z VI LAX luuL kkICS rSCC
fit"
The theory that because one state
adopts a constitutional amendment in
vogue %in-another, it also adopts the
decisions and interpretations of the
same, is he'd to be untenable. There.
fore, the supreme court says the emer.
gency clause violates the seventh
amendment to the constitution and is
void. :
Judge Mount writes the dissenting
opinion, in which he holds that the
legislature, 4 coordinate branch of
government, has declared the act ne.
cessary for the immediate preserva
ton OF the peace, health or safety and
support OF the state institutions, and
that for the supreme court to declare
that there is no necessity for the emer-
gency clause, would be tantamount to
substituting n set of officers for an.
other. mo facts are before us for
consideration says the opinion, and
Judge Mount draws therefrom the con.
clusiCl that the supreme court cannot,
therefore, interfere with the discre.
tion Of the legislature.
He asserts that while it may be
true that a change in the land board
will not in the least affect the peace
and safety Of the state institutions, it
depends entirely upon he facts, condi
tons and circumstances known by the
legislature, of which in the very "a.
ture. Of things the court can have no
knowledge. The opinion says in this
regard. n. Dr.. ..... .,.
who is to determine the facts up
on which the law is based and which
call its enactments into existence, the
legislature or the courts? This is the
only question in the case, the answer
obviously is the legislature, because
no other tribunal has been establish.
ed for that purpose"
Must Determine Emergency.
The legislature must determine the
facts which constitute an emergency
or otherwise no law could take effect
within 80 days after the adjournment
of the legislature. The majority opin.
ion, says Judge. Mount, apparently con.
coded that the legislature can declare
an emergency when public peace,
health and safety are threatened, but
denies the authority of the legislature
to define what constitutes that emer.
gency, concerning this point the dis.
senting opinion says:
. ""The rule Of the majority necessar.
lily nullifies the constitutional provi-
sion under consideration and will ere.
ate confusion and doubt in every case
Of emergency because the rule is now
established by the majority opinion
that the courts must decide the facts
of an emergency"
Tanner May Seek R%ehearfnq.
In regard to the reference in the ma.
jority opinion to the effect of taking
a constitutional provision from anoth.
er state, the dissenting opinion says:
1--WE know the construction which has
been placed thereon by those states.
and presumably adopted that construc.
ton with the amendment. If there
can be any doubt upon the PROPER cor.
struction of this constitutions! provi
sion, and the power of the legislature,
that doubt should be resolved by the
construction placed thereon by those
states" -
Judges Chadwick, Ellis and Holcomb
who signed the majority opinion, are
democrats, Main and Parker who join
with them, are republicans.
1t is possible that Attorney General
Tanner will ask for a %rehearing.