The Dickinson press., 1917-04-07
REGULAR BOARD OF -.
REGENTS TO HOLD
IS COURT RULING
(By Judge Robinson).

(By Judge Robinson).
On Saturday of last week we had a
suit to GUST the board of regents on
the ground that their appointment
was not regular. They were appoint
ed by the governor on March 9, 1915,
under an act approved March 4, with
an emergency section as provided by
Sec. 6 of the constitution. The act
was passed by a two-thirds majority
of the members present in each house,
and there was no vote against it in
either house. But it was contended
that the act did not take effect IN
til July 1, after it's passage, because
the emergency section of the act did
not declare it to be necessary for the
public peace, health or safety that the
act should take effect without delay.
Only Kindergarten Matter.
"Now as soon as counsel had made
an opening statement on the argu-
ment of the case I showed them in a
few words that the cast presented
only a kindergarten matter arising
under the plain words of the statute
and two sections of the constitution,
and that the obvious purpose of the
emergency clause in the amendment
providing for the referendum was to
limit the referendum so it should not
| apply to any act when passed with an
emergency section stating facts that
it is necessary for the public peace,
health and safety that the act should
take effect without delay, and that
the emergency clause as provided for
by Sec. 6 of the constitution is in
common use and it is not in any
way repealed or affected by the mer-
| gency clause of the referendum law.
Where to Get OFF At.
Still the lawyers who came to make
a big talk were not satisfied to dis
pose of the Ease in a simple manner.
One read books and talked a long
time to show that .the governor is a
little king and that he has an ap-
pointing power which may be exer-
cised without any statute. Then the
other lawyer read an equal number
of books and talked still longer to
| show that what the first lawyer said
was all bosh. In that way they
talked over four hours, though ev-
eral times I tried to show them
where to get off at. In such a
simple case it seems big lawyers
should not try to confuse the poor
judges or to pull the wool over their
eyes. Here is my opinion:
State, Elk. Rel. LANCER, Etc.
"Robinson, j.: This is a simple
case. It's purpose is to GUST the
board of regents on the ground that
their appointment was void. The ap-
pointment was made by the governor
on March 9, 1915. 1t was made pur-
suant to a resolution of the senate
passed on March 5, under an
act approved Mach 4, 1915. This
as per Sec. Ct of the con
stitution. On it's final passage in the
house. there were "a ayes; no nays
and SO absent and not voting; in the
senate there were as ayes; 10 nays
the bill was regularly passed in &C
reads:
Sec. 81. No act of the legislative
assembly shall take effect until July
first, after the close of the session,
unless in case of emergency (which
or body of the act) the legislative as
SeI1Dly SIld1l, NY VOIC VI q SIWO-C1A11uo
| Of all the members present in each
house, otherwise direct
The Referendum Amendment.
$50 far as material, Sec. rs Of the
constitution, as amended, is as fol-
lows: The second power is the refer
| endum, or the power to order an act,
item or part of any act, to be re-
ferred to the people for their ap-
prevail or rejection at the polls, and
it may be ordered except az to laws
necessary for the immediate preserva-
ton of the public peace, health or
safety, as to any measure or any
parts items or sections of any meas
ures passed by the legislative as
sembly, either by a petition signed
by ten per cent Of the legal voters
of the state from a majority Of the
counties, or by the legislative as
sembly, if a majority of the men,
bers elect vote therefor. When it is
necessary for the immediate pres
ervation of the public peace, health or
safety that a law shall become eff
fective without delay, much necessity
and the facts creating the same shall
be stated in one section Of the bill,
and If upon an aye and no vote
in each house two-thirds Of all the
members, elected to each house shall
vote on a separate roll call in favor