The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1917-03-31
take effect until the time limited for
a referendum petition.
When Act Took Effect.

take effect until the time limited for
a referendum petition.
When Act Took Effect.
'"rhe act relating to the appoint
ment of board of regents, which is
Chap. 237 of the Laws of 1915, was
passed with an emergency clause as
provided by Sec. 81, of the constitution,
and on March 4 it became Il law and
the appointments made under It were
in all respects regular and according
to law. There Is mo reason for hold
ing that in appointing the regents the
governor had any kingly powers. or
any: power except as given by the
1plain words of the statute then in full
force and effect. Objection was made
to the nomination by the governor be-
fore the act took effect, but the nomi-
nation was mere incident. 1t was no
part OF the appointment. 1t was
merely continuous recommendation
from the time it was made until it
was approved by the senate.
y Construction OF Emergency.
"There is another point of no small
Importance, which was not presented
by either counsel. 1t relates to the
practical construction of the emer-
gency provision of the constitution.
The referendum amendment was
adopted by vote of the people at
the general election in 1914. The fol-
lowing legislative assembly passed
273 acts. No act was passed with an
emergency section as provided for by
the referendum amendment, but 81
acts were passed with an emergency
section as provided for by Sec. 81 of
the constitution. Each act declared
that it should take effect and be in
force from and after it's passage and
approval and each of the GA acts was
given immediate force and effect. Now
it is fearful to contemplate the COM
plications and wrongs which might re-
suit from holding void all proceedings
under the 81 acts from their passage
until the following July.
Some Recent Emergencies
GAS the Laws of 1917 have not yet
been published, l cannot give so defin-
tie statement regarding the emer-
gency clauses. Many of them are
framed under Sec. 67, and others un-
| der the peace, health and safety sec
ton.
THUS the Sabbath bill declares it
necessary for the peace. health and
safety that the bill should take effect
and be in force from and after its pas
sage.
"A bill appropriating $500 for rail-
| road commissioners declares it neces-
sary for the peace, health and safety;
and so Of bill apprOpriating few
dollars for the school of mines; and
so Of a bill taking private property
to lay out a highway.
"And bill appropriating SIS ex-
pense on bust Of Abraham Lincoln
is declared to be necessary for the
public peace, health and safety. There
is no emergency clause which COM
plies with the constitution in regard
to stating the facts showing that it
is necessary for the public peace,
health and safety that the law should
become effective without delay.
In re ScOw and Power.
There has also been presented q
kid of moot question concerning the
future power of the governor to fill
vacancies. The members of the
board are appointed for a definite
term of years, and by Sec. 3 of the
act it is provided that in case of a
vacancy the governor may fill the
same by appointment until the COM
mencement of the next session of the
legislative assembly. The members
are appointed for q definite term OF
years and It must follow ut the end
of each term a vacancy does exist
which the governor may ill by ap.
pOintment. The members of the pres
ent board have been duly appointed
to hold for a definite term of years, as
shown by their commission and cert.
ficate of appointment, and that com.
mission shows VIXEN their tern of Of.
fee expires. The petition should be
denied"
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