The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1919-12-17
HOUSE BILL 50 WOULD MAKE STATE
CONSTITUTION SCRAP OF PAPER I'M
OPINION OF THE ATTORNEY GENERAL

ing Immediate Effect, Clearly
Invalid, Declares LANCER in
Opinion Furnished Kositzky
In an opinion holding House Bill GO,
through which the league majority
seeks to give immediate effect to
every act Of the recent special ses-
sion, to be clearly unconstitutional,
Attorney General William LANCER
says
The question presented by House
Bill 60 is not real, but manufactured.
1t is an effort, without even tissue
of authority, by legislative fiat to read
language never intended into, and
completely change the meaning of,
a constitutional provision. The doc
trine Of notification passed out OF
existence more than so years ago,
along with slavery; but ii the legls-
lature is now permitted to tritle with
and ignore the fundamental law that
brought it into life and gave it power,
then the constitution of North Dakota
has become a scrap OF paper. The
conflict between House Bill 60 and
Section G7 OF the constitution is so
4rreconcilable that both cannot stand.
If the constitution is still supreme,
then House Bill 60 is void"
The attorney general renders his
opinion in response to request from
State Auditor Kositzky for informa-
tion as to whether Section G7 Of the
constitution, providing that only acts
receiving a twothirds majority vote
in each house may be considered
emergency legislation and be given
immediate effect, applied to speciol
as well as regular sessions of the leg
islature. House Bill 60 declares every
act of the recent special session to pc
an emergency measure, effective
within 10 days, in spite of the fact
thai none OF these bills received a
two-thirds vote in the house.
Section 67,' says the attorney
general, docs not make special ref
erence to either special or regular
session. 1t states that No act Of the
legislative assembly shall take effect
until July first, unless two-thirds vot-
ing in each house declare an emer>
gency. In view of this language, can
it be said that special session is
any more or less Of a legislative as
sembly than regular session?
House Bill 60 presupposes that the
emergency clause OF the constitution
applies only to regular sessions. 1t
would be every bit as logical to say
that it has application to special ses-
sions only. Section 67, however, is
general In its language, mentions
neither regular or special sessions
specifically. and applies with equal
force to both.
Section 67 prescribcs the only
method by which legislation may take
Immediate effect upon it's passage and
approval. That method requires a two
thirds vote of the members present
and voting in each house OF the legis-
]alive assembly. House Bill 60 now
presents an attempt on the part OF
the legislature to substantiate the
judgment Of one man-the governor
as to when legislation shall be ef-
fective, for the wishes of two-thirds
of the duly elected representatives Of
the people. This result may be OBJ
tanned at any time that the governor
desires to evade the provisions Of the
constitution and call special session
in lieu Of the regular assembly"
In conclusion" says Attorney Cen
cral LANCER II wish to state that
have given the question raised by
your inquiry careful consideration
solely because of the fact that it
arises by virtue of a legislative enact
ment. Under any other circumstan-
ces would consider the question SO
obviously absurd chat it would merit
no serious consideration at any time,
under any other conditions
The attorney general calls attention
to the fact that the special session OF
the fifteenth assembly in 1918 evil
IDENTIFY considered Section 67 of the
constitution applicable in no different
way to acts passed by special ses.
sions than to those passed by regular
sessions.
The attorney general quotes Judge
Cooley before the constitutional con-
vention in 1899 as saying of similar
provision in the Illinois constitution:
These and similar provisions are
designed to secure. as far as possible,
the public promulgations Of the law
before parties are bound to take no.
tice of and act under it; to obviate
the injustice Of a rule which would
compel people at their peril to know
and obey a law of which, in the ma
ture OF things, they could not possibly
have heard; they give to all parties
the full constitutional period in which
to become acquainted with the terms
Of the statutes which have passed,
except when the legislature has other
wise directed, and no one is bound
to govern his conduct by the new law
until that period has elapsed"
43 WORKMEN AND
WOMEN KILLED IN