The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1917-03-31

| the votes cast thereon. This applies
to all acts passed without an emerg-
ency clause. as such acts do never
take effect within ninety days. The
amendment does not in any way re-
peal or modify section 81 Of the
constitution. 1t may be extremely i'm
portant that an act not relating to the
public peace. health or safety should
take effect on its passage. Manifestly
1t was not the purpose of the referen-
dunn to put it in the power Of 10 per
cent of the voters to block and hold UP
until a general election the most i'm
portant measures that might be passed
by the unanimous or the two-thirds
vote of. the legislative assembly. Such
a power to block and hold up might be
very disastrous to. the state and to the
rule of the people.
The people have justly more
confidence in the unanimous or two
thirds vote of their duly elected repre-
sentatives than in 10 per cent OF the
voters. Were it not so the referendum
section should have expressly repealed
section 81 and provided that excepting
acts relating to the public peace,
health and safety. no act should take
effect until the time limited for a
referendum petition. Is 'E-
The act relating to the appointment
OF board Of regents. which is chap
ter 237 of the laws Of 1915. was pass
ed with an emergency clause as pro-
vided by section 81 of the constitution,
and on March it became q law and
the appointments made under 1t were
in all respects regular and according
to law. There is no reason for holding
that in appointing the regents the
governor had any king1y powers. or
any power except as given by the plain
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
nomination was a mere incident. It
was no part OF the appointment. II
was merely continuous recommended
ton from the time it was made until
1t was approved by the senate.
There is another point of no small
importance. which was not presented
by either counsel. It relates to the
practical construction OF the emergency
provision of the constitution. The
referendum amendment was adopted
by q vote. of the people at the general
election in 1914. The following legis-
latiVe assembly passed 273 acts. No
act was passed with an emergency
section as provided for by the referen-
dunn amendment. but 81 acts were
passed with an emergency section as
provided for by section 81 Of the
constitution. Each act declared that
it should take effect and be in force
from and after its passage and ap-|
given immediate force and effect. Now
1T is fearful to contemplate the
complications and wrongs which might
result from holding void all proceed
ings under the 81 acts from their
passage until the following July.
As the laws of 1917 have not yet
been published. / cannot give so
"A r%A N~a& 81 d. ~
emergency clauses. Many of them
are framed under section 81. and 9TH
ers under the peace. health and safety
section.
Thus the Sabbath bill declares 1t
necessary for the peace. health and
safety. that the bill should take effect
and be in force from and after its
passage.
A, bill appropriating $500 for rail-
road commissioners declares it neces-
sary for the peace. health and safety;
and SO of a bill appropriating a few
dollars for the school OF mines; and so
Of q bill taking private property to
lay out q highway.
And q bill appropriatinR SIS expense
on bust OF Abraham Lincoln Is
declared to be necessary for the public |
peace. health and safety. There is no
clause which complies 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.
There has also been presented a
kind 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 section 3 of the act 1t is
that in case OF a vacancy the
governor may I'LL the same by APP
pointment until the commencement Of
the next session of the legislative as-
sembly The members are appointed
for a definite term Of wears and 1t
must follow at the end of each term a
vacancy does exist which the governor
may fill by appointment The mem
bers Of the present board have been
duly appointed to hold for q definite
term OF years. as shown by their COM
and certificate Of appointment.
and that commission shows when their
term OF Office expires. The petition
should be denied.
March 81. 1917.