The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1919-12-16
K0SITZKY ASKS
AN OPINION ON
EMERGENCY ACT
State Auditor Wants to Know
Whether Constitution Covers
All Sessions
EFFECTS REFERENDUM ACT
Means Difference Between 1000
Signatures and 10000 to
Petitions

State Auditor I<ositzky today made
application to Attorney General Lam
ger for an opinion as to whether
House Bill Co. passed at the special
session, and which seeks to give immc-
diate effect to all acts of this eXtraor-
binary assembly accomplishes its pur-
pose, or whether Section 67 of the con-
situation applies to special as well rs
regular sessions. "
Section CT, submitted by the Non
partisan league and approved at the
last regular election provides that:
"NO act of the legislative assembly
shall take ceffct until July first afte!
the close of the session. unless the leg
islature by vote of two-thirds or the
members present and voting. in each
house, shall declare it an emergency
measure which declaration shall pc
set forth in the act; PROVIDED. how
ever, that no act granting a franchise
or special privilege, or act creating
any vested rights or interest other
than in the state, shall be declared an
emergency measure. An emergency
measure shall take effect and be in
force from and after It's passage an'i
approval by the governor"
None Of the administration bills in
troduccd during the recent special
session secured the required twothirdS
vote in the house. Toward the close
of the session the committee on delay
cd bills in a divided report, which was
held to be contrary to the rules of the
house. recommended for introduction
House Bill 60, declaring all acts of this
session to be emergency measures ef-
fective within ten days. House Bill
GO also fell short Of the required two
thirds in the house Asss !. 71.s ,s.,sA x ?,
The issue raised by the state audi,
tor is important in connection with
the referendum campaign which has
been launched against House Bill GO,
and which will be extended to Other
measures passed at this session. The
constitution as amended by the league
a year ago provides that 1000 voters
at large may by referendum petition
suspend the operation Of any measure
enacted by the legislature. except III
emergency measure If a referendum
petition is filed against an emergency
measure, such measure shall be a law
until voted upon by the electors. Any
such measure shall be submitted to tic
electors at a/snecial election. If so or
dered by the governor, or If the refer
cndum petition filed against it shall
be signed by 10000 electors at large
such special election shall be called by
the governor and shall be held not less
than 100 nor more than 1870 days afte.
the adjournment of the session OF TIL.
legislature, Referendum petitions
must be filed with the secretary OF
state not more than 80 days after adj
iournmcnt of the session ut which the
measure to be referred was enacted.
If it can be established under the
constitution that Section CT, defining
emergency measures, does not apply to
all sessions, but only to regular Assem-
blieS of the legislature, and that in
special session the legislature may by
a bare majority vote declare all Of its
acts emergencies, effective Immediate
ly than it will be necessary to obtain
10000 signatures to petitions to refer
any acts of this special session. and
these acts will remain in operation un-
til repealed by popular vote IT, OF
the other hand, it is held that House
Bill GO is in conflict with the constitu-
ton. only 1000 signatures would be
required for referendum petitions
whose filing would automatically sus.
pend the operation of these acts until
they can be voted upon.
AS recently amended, the constitr-
tion requires four-fifths decision OF
the supreme court to declare legis1a-
tive act unconstitutional. Four of the
five members CT the North Dakota SUI
preme court bench We're elected by the
league. Nhr