Jamestown weekly alert. [volume] (Jamestown, Stutsman County, D.T. [N.D.]) 1882-1925, 1919-12-18
EMERGENCY BILL
UNCONSTITUTIONAL
LANCER'S OPINION
Says Question Is So Absurd
That He Would Not Give a
Decision on Matter if Ii
Were Not a Legislative
Measure.

Bismarck, N. D., Dec. 17.-(Spe-
cial. .)-In an opinion holding House
Bill 60, thru which the league ma
jority seeks to give immediate effect
to every act of the recent special ses-
sion, to be clearly unconstitutional,
Attorney General William LANCER
says:
Tho question presented by House
Bill GO is not real, but manufactured.
1t is an effort, without even a tissue
of authority, by legislative fiat to
read language never intended into,
and completely change the meaning
of, a constitutional provision. The
doctrine of notification passed out of
existence more than sixty years ago,
along with slavery; but If the legis-
lature is now permitted to trifle with
and ignore the fundamental law that
brot it into life and gave it power,
then the constitution Of North Da-
hota mas become scrap OF paper.
Inc conflict between House Bill 60
ana Section 67 of the constitution is
SO 1rreconcilable that both cannot
stand. If the constitution is still
supreme then House Bill 60 is void"
me attorney general renders his
opinion IN response to request from
state Auditor Kositzky for informa-
t1on as to whether Section 67 of the
constitution, providing that only acts
receiving two-thirds majority vote
IN each house, may be considered
emergency legislation and be given
immediate effect, applied to special
as Well as regular sessions of the leg
lslature. House Bill 60 declares
every act of the recent special ses-
sion to be an emergency measure. ef-
1ectlve within ten days, in snite of
the fact that none of these bil1s7Sn.,
ceived q two-thirds vote in The honse
section g." says the attorney gem
eral' does not make special refer
ence to either special or regular
session. 1t states that No act of the
legislative assembly shall take effect
untll July first unless twothirds vot.
ing IN each house declare an emer-
sency. In view of this language.
can II De said that special session is
any more or less Of legislative as
sembly than regular session.
1ouse Bill so presupposes that tho
emergency clause of the constitution
applies only to regular sessions II
would be every bit as logical IN sav
lnat IL mas application to special ses.
SONS only. Section 67, however. is
general in its language, mentions
neltner a regular or special session
specifically and applies with eoual
force to both. 4N"'
section 81, prescribes the only
method by which legislation NAV
taKe immediate effect upon its mas.
sage and approval. That method re.
4ulres a two-thirds vote of the mem.
oers present and voting in each house
o. o., the legislative assembly. House
ball ~ now presents an attemnt m
the part OF the legislature to snhett'
ou.e tne judgment Of one man-the
sbIavl1or-as sba1, to when legislation
snail sn De effective. for the wishes of
swo-tnirds OF the duly elected repre:,
s,,1. lses OF the people. This re-
SUI SUI may be obtained at any time that
.ne governor desires to evade the
provisions of the constitution and
can special session in lieu Of the
regular assembly," 'A
IN conclusion says Attorney
ueneral LANCER, II wish to state
snat ! have given the question raised
W your inquiry careful consideration
soiely because of the fact thai #
arises by virtue Of a legislative en-.
actment. Under any other circnm-
stances would consider the question
80 obviously absurd that It wonld
merit no serious consideration at anv
''me under any other conditions !"
me attorney general calls atten.
lion 70 the fact that the special Res
s,on OF the fifteenth assembly IN 1918
evldently considered Section 81 NJ
me constitution applicable in NO dif-
Ierent way to acts passed by spacia,
.., sessions than to those passed BY ree-