The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1917-03-31
ROBINSON HOLDS REGENTS
CANNOT Be THROWN OUT
Continued from Faye One)

Continued from Faye One)
1915. 1t. was made pursuant to a
resolution of the senate passed on
March S, under an act approved March
March 4, 1915. This act contains an
emergency clause, as per Sec. 67 of
the constitution. On it's final passage
in the house there were IA ayes; no
nays and SO absent and not voting;
in the senate there were As ayes; no
nays and 4 absent or not voting, and
so the bill was regularly passed in &C
cordance with this Sec. 81, which
reads: :
Sec. 67. No act of the legislative
assembly shall take effect until July
first, after the close of the session, I'M
less in case of emergency (Which
shall be expressed in the preamble or
body of the act) the legislative as
sembly shall, by vote Of two-thirds
Of all the members present in each
house, otherwise direct
The Referendum Amendment.
$50 far as material, Sec. Is 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 referred
to the people for their approval or
rejection at the polls, and it may be
ordered except as to laws necessary
for the immediate preservation of the
public peace, health or safety, as to
any measure or any parts items or
sections Of any measures passed by
the legislative assembly, either by a
petition signed by ten per cent of the
legal voters of the state from a ma
jority Of the counties, or by the legis-
lative assembly, if majority Of the
members elect vote therefor. When
it is necessary for the immediate
preservation. of the public peace,
health or safety that a law shall be-
come effective without delay, such
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 separate roll call in
favor of said law going into instant
operation for the immediate preserva-
ton of the public peace, health OF
safety, such law shall become opera
tive upon approval by the governor
Any measure referred to the people
shall take effect when it is approved
by a majority Of the votes east there.
on, and not otherwise, and shall be IN
force the date Of the official declara
ton Of the vote
Amendment Doesn't Modify.
'The meaning of this last sentence
is that if an act has been referred tc
the people it shall take effect only
when it is approved by a majority Of
the votes cast thereon. This applies
| to all acts passed without an emer.
gency clause, as such acts do never
take effect within 80 days. The amend
ment does not in any way repeal OF
modify Sec 81 of the constitution. l,
may be extremely important that ar
act not relating to the public peace
health or safety should take effect or
its passage. Manifestly it was not the
purpose of the referendum to put il
in the power of ten per cent. of the
voters to block and hold up until q
general election the most important
measures that might be passed by the
unanimous or the two-thirds vote oil
the legislative assembly. Such pow.
er to block and hold up might be very
! disastrous to the state and to the rule
/ of the people.
More Confidence in Legislators.
The people have justly more con.
fidence in the unanimous or two.
thirds vote of their duly elected re
personalities than in ten per cent
LOT the voters. We're it not 80 the re-
ferendum section should have express
" repealed Sec. 81 and provided that
excepting acts relating to ths1 publif
lReace. health and s1fesY, no act should