The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1918-01-26
Appropriation Bills Said to
Be Invalid by Ruling
of Supreme Court
JOHNSON MAKES
FIGHT ON LEAGUE
Says Grain Grading De-
partment Should Be I'm
der Rail Commission
(Ry n. D. PauIson.)


the day that Governor Frazier an
ticipated seeing the state assembly
complete the work for which he
called the legislature into extraor-
binary session.
Both houses have pledged them
selves to work earnestly in an ef-
fort to complete the work by to-
night, but adjournment prior to the
middle or the latter part Of next
week now seems impossible.
While several minor matters have
been taken care Of, the assembly
still has to take final action on the
seed grain bonding problem, state
council Of defense, recognition Of
the home guard, soldier ballot, tight
ening up of the grain grading law
and on practically every one of these
propositions, there bids fair to be a
wide division Of opinion as to the
proper plan to be pursued.
Federal Resolution Ratified.
Passage Of the resolution ratify-
ing the federal prohibition amend
ment. completed by the senate yes
terday afternoon, is the only Inn
portant work of the assembly to
date.
The matter of financing the asy-
um for the insane, financing the de-
posits guaranty act, and two or
three other minor matters. have
reached the position where there viii
be no further difficulty in finally en-
acting the measures.
The council of defense, soldier
ballot, home guard issue, grain
Grading bill, and seed grain bonding
problem are all of such importance
that each Of them rs likely 70 be eH-
tensively debated in the senate. The
manner in which the senate has
amended several Of these bills indie
Gates that there is little Likelihood
al the league measures being ac-
repted in the form in which they
have been sponsored.
Up to the present time, house
committees have given practically no
great amount of attention to ques-
fions brought UP, the burden of the
work being thrown largely upon the
senate. where the issues involved
are being threshed out in a series
of committee hearings, where inter-
ested parties may appear and pre-
sent their ideas.
APPRoPRIATIoN BILLS
ARE ALL HELD INVALID.
Representative y. f. Il. OConnor|
of Grand Forks county, threw league
leaders in the house into consterna-
ton yesterday afternoon when he
produced supreme court ruling, IN
the case OF the state against Holmes,
which declares invalid appropriation
clauses that do not authorize pay
Ynent OF such appropriation by the
proper officers.
Every appropriation bill passed by
the house, even including the seed
grain and feed bill, which was the
particular measure that Governor
Frazier called the assembly TO en-
act. was declared by Mr.. O'ConnorI
as faulty and the position he took
was generally accepted, though no
action was taken with reference to-
the matter during the session. Prac-
fically all the bills in question are
now in the senate.
Another flaw with respect to the
seed grain and feed law, as intro
duced by the league forces, was
piclxed in the title by Mr.. O'Connor
on Thursday afternoon. The bill
carries appropriations aggregatlng
$4,000, but no mention Of that fact
was made in the title, hence they
would have been invalid.
Az the house finally did amend
che title. ii presented a rather re-
rnarlable condition of affairs, for
here a the way it read when sent
10 the senate: For an act to amend
ana re-enact Article "a Of the Com
piled Laws Of the state or North
nakofs for 1918, and to make an
appropriation therefor.
In the case of the state VS.. Holmes,
the supreme court held that approp-
Ration clauses must carry two prop
ositions. First, they must carry the
appropriation, and secondly, they
must carry the authorization 70 pay |
that appropriation. The autnorlza-
ton clause is not found in any OF
the bills the house passed
COUNCIL or DEFENSE ON
825, 600 A YEAR BASIS -.
The council of defense bill, as
nassed by the house yesterday after
noon. carries an appropriation Of
s2S 600 a year, instead Of $4,000 a |
vear. as included in the original bill
IN introduced. The increase was
made BY the house COMMITTEES.
Az passed the measure conforms
10 the recommendations OF the de
facto council OF defense, and powers
baatowed are in line with the out
line recently published In The
soL bIER BALLOT STARTS
i'm HOUSE.
The leagues plan Of handling the
eoIdier ballot proposition was placed
before the house yesterday IN kep-
resentstiva PattersOn'B bin, creatingE
q commission OF three men, named
bv the governor and directed to go
TO Europe, or wherever the North
Dakota boys may be, and conduct
an election. An appropriation Of Sl0i-
900 Is provided, and the commission
vvouI9 report the results within so
DAYS OF the time the elections are
held In the state.
The house elections committee re-
ported the bill for passage in less
than two hours after ii was intro
duced. and at the same time reported
cor indefinite postpouament the pllis
introduced By Representative Reis-
nus OF Minot. amending the absent
voter act and the time for filing