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

| This week every Judge must have
\ credit for good work and full time,
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 appointed by
the governor on March 8. 1915, under
an act approved March 4. with an
emergency section as provided by Sec
| ton 81 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 1t IN
either house. But 1t was contended
that the act did not take effect until
July /, after its passage. because the
emergency section Of the act did not
declare 1t to be necessary for the pub
lie peace, health or safety that the act
should take effect without delay. ~
Now as soon as counsel had made
an opening statement on the argument
Of the case / showed them in few
words that the case 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
health and safety that the act should
take effect without delay. and that the
emergency clause as provided for by
section 81 of the constitution is in
common use and it is not in any way
repealed or affected by the emergency
clause OF the referendum law. Stin
the lawyers who came to make big
talk were not satisfied to dispose Of
the case 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 appointing power
which NAV be exercised 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
several times / 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, Ex. Rel. LANCER v. Crawford,
Et. Al.
Robinson. j.: This is a simple case.
Its purpose is to GUST the board OF
regents on the ground that their ap-
pointment was void. The appointment
was made by the governor on March
8, 1915. It was made pursuant to a
March 8. under an act approved March
4, 1915. This act contains an emery
encY clause, as per section 81 of the
constitution. On its final passage in
the house there were IA ayes; no nays
and 3S absent and not voting; in the
senate there were As ayes; no nays
and absent or not voting. and so the
bill was regularly passed in accord
ance with this section 81 which reads:
Section 81. "No act Of the legislative
assembly shall take effect until July
/, after the close Of the session. un-
less in case OF emergency (Which shall
be expressed in the preamble or body
OF the act) the legislative assembly
SHALL by q vote of a two-thirds of all
the members present in each house,
otherwise direct"
So far as material. section 25 of the |
constitution. as amended. is as fol-
lows THE second power is the |
or the power to order an |
act, item sor part OF an act, to be re-
ferred to the people for their approval |
or rejection at the polls. and 1t may
be ordered except as to laws necessary /
for the immediate preservation of the 1
public peace. health or safety, as to /
any measure or any parts, items or ]
sections OF any measures passed by 1
the legislative assembly, either by a |
petition signed by 10 per cent of the /
lCR6l sVObSTS Oh IIl6 state from a. MAJ L
jority of the counties. or by the legis- |
alive assembly II majority Of the |
elect vote therefor. When
It is necessary for the Immediate
of the public peace,
health or safety that law shall be- |
come effective without delay, such l
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 caII IN /
favor of said law going into instant /
operation for the Immediate preserva-
ton of the public peace. health or
safety. such law shall become opera
tive upon approval bv the governor
Any measure referred to the people |
shall take effect when It is approved
BY q majority Of the votes cast there~
on. and not otherwise. and shall be in
force from the date Of the ofIicial
declaration OF the vote"
The meaning Of this last sentence
is that II an act has been referred to /
the people 1t shall take effect only
when It Is approved by majority 81