The Madison daily leader. [volume] (Madison, S.D.) 1890-current, 1916-01-03

electors OF the state, and also the
right to require tnat any la ~
which the Legislature may have en-
acted shall be submitted to a vote
of the electors of The state before
going into effect Except such laws
as may be necessary for the inn
mediate preservation Of the public
peace, health or safety, support
of the state government and it's
existing public institutions.) Pro-
'vided, that not more than five per
'centum OF the qualified electors
OF the state shall be required to
invoke either the initiative or tho
referendum.
This section shall not be CON
'strued so as to deprive the legis-
lature or any member thereof OF
the right to propose any measure.
The veto power of the executive
shall not be exercised as to meas
ures referred to a vote OF the peo-
pie. This section shall apply TO
municipalities. The enacting clause
OF all laws approved by a vote OF
the electors Of the state shall be.
Be ii enacted by the people Of
South Dakota The legislature
shall make suitable provisions for
carrying into effect the provisions
of this section
The intent Of the above amend
ment seems so Enthusiastically clear
n language and so well known to at
east 10000 voters who lived in
south Dakota and heard II discussed
or years and who live here now that
feel 1t Is needless for me to discuss
he intent Of the amendment. BY
his amendment the legal right of
petition was established as a funda-
mental i|nitiatory method for legisla-
I've liberty Of the people i'm two
'orms the Initiative and the ref
srendum.' The initiative ia the only
method Of direct legislation to form
avs under free leadership and ap-
prove same by a direct vote OF the
people. The referendum is merely
/ veto power, by a direct vote OF the
people, on all laws formed and EN-
acted by the legislature. But the ref
'rendum can In no way mold the form
" the law, and is therefore not
.iscct legislation.
Note the wording or the above
constitutional amendment in relation
o the initiative. The word except
S used to restrict the delegated pow
n given to the legislature. The words
expressly reserve are Used to restrict
he legislature, the governor and the
'ourts by reserving that right in the
people themselves TO propose and
approve measures In words of
command, the amendment says that
he legislature shall enact and sub
nit such measures TO the people for
approval. Thus IL plainly subordin-
ties the legislature as a Legislative
branch to the peoples will. 1t says
hat the legislature or any member
hereof shall not be deprived OF the
light to propose any measure That
obviously refers to the initiative, to
propose, TO the people: because it
would be absurd to contend that any
member of the legislature could in
~iividually pass a law TO amend or
'epeal a law. II says that the gov
srnor shall not veto such measures.
Note the following language of the
lbove amendment: The legislature
hall make suitable provisions for
,arrying into effect the provisions OF
his section This language certain
y does not mean that the legislature
hall destroy the effect OF said pro-
tisions.
1T is manifest that the words
measures or measure or : to pro-
lose' In the amendment refer only to
he initiative because all other acts,
ubject to the referendum, are laws.
md obviously do not need to he pro-
POSED as measures. The meaning OF
plain words In the constitution can
lot be destroyed by a legal decision,
because the higher moral decision of
he public mind which reflects its
jower In the ballot box will be heard
rom in November 1916. The truth
Itself IN not UNCONVENTIONAL or parti-
IAN. The truth Is not destructable
md has its home in mans heart and
AN always be trusted to express itself
when the fire or the issue Is re-
'ealed.
Review of Court Decision
Now that motion for ~rehearing in
he primary election law case has
,een denied and nothing Is pending
n that matter before the state SUI
)reme court. its decision or opinion
becomes a public record and is there
ore, at this time, a proper subject
or discussion by the citizen as we'll
Is the press.
The supreme court, being made
p OF individuals. Is under the same
aw as an individual in the use OF
he free moral agency TO support or
lestroy constitutional or statutory
provisions by right or wrong inter
)retation of the same. Therefore,
my court decision, in it's final ana
ysis, rings true or cracked, accord
ng to the moral or immoral force
Jack of IL in statutes or i%nterpreta-
ions. Wherefore by their fruit you
hall know them Besides the judges
ire sworn TO uphold the integrity OF
constitutional and statutory provis.
ons.
Let the public mind judge wheth-
n the court has erred. | will only
to point out a few OF the sa-
lent points in it's opinion and give
ny views. Seven out of the fourteen
of the courts opinion are de-
to the emergency, which is