The Bowbells tribune. [volume] (Bowbells, Ward Co., N.D.) 1899-1969, 1920-01-23
HOUSE BILL 60
IS HELLO INVALID

Bismarck, Jan. 16-Following
close to the letter OF the law, four
! judges OF the supreme court de-
clared against the validity of house
bill 60 as applied to the acts of the
recent special session of the legisla-
i ture today Justice James E. Rob-
inson alone voted to support the
measure. The constitAionality was
not determined by the majority Of
the court.
Tho principal point decided was
that since house bill so did not re-
ceive a two-thirds vote of the leg
islature it therefore was not an
| emergency measure. Reasoning
that the law is not an emergency
| measure, the court held that it
does not itself take effect until July
/, and of consequence cannot affect
the laws passed at this special ses-
sion.
Each Justice Rules
Each member Of the court wrote
a separate opinion, the concensus
Of all, excepting Justice Robinson,
who criticized the majority for
sticking to the letter of the law,
held. along the following line of rea-
soning, as paraphrased from the
syllabus issued by the court:
Legislative power is vested
in the legislature and in the peo-
pie. thru Initiative and referendum.
2. The term "the session. of
the legislature (the only term used
in this connection in the constitu-
tion) is also applicable to special
session, and, therefore all constitu-
tional regulations applicable to "the
session" govern also in a special
session :.
3. The legislative power Of the
people thru the initiative and refer
endum may govern the time when
acts of a special session become op-
erative
4. Unless passed by a two-thirds
vote, when they become effective
Immediately, acts of the Legislative
assembly become operative on the
July 1 following the close of the
session Irrespective of when it is
held or possibly on an earlier date.
if they are subjected to special
referendum election. In this lat
ter case they take effect 10 days
after such election.
Holds Up "Cow Bill
5. The acts of the recent special
session not passed as emergencies.
unless made subject to a referen-
DUN and sooner ratified, take effect
on July 1. 1920.
6. House bill 60. which provides
that all acts passed at a special ses-
sion, not emergencies. shall be OPP
erative as laws within 10 days af-
ter the close of such special session,
Il IL ,1, 1NNF ho
same special session, but not as an
constitution, is not effective as a
law, either until July /, 1920, or
unless sooner ratified by the people
fore does not apply to the time
when other measures of the special
session become operative as laws.
While the decision of the court
will not materially affect the indus
trial program of the state thru post
poning the legislation enactea in
support of it by the special session,
it seriously hampers the efforts of
the state government to give relief
to the drouth stricken farmers, who
have been counting on new lease
of life thru the speedy operation OF
senate bill 80. This bill is popu-
larly known as. the "cow bill', and
nerlnits the coun.les to- furnish
farmers in Strengthened circum-
stances with herd Of dairy cows.
The bill did not receive an emer-
gency vote, because Of the solid OBJ
struction Of the l., V. A. minority.
It was one, Of the reasons for call
ing the special session. ...-
= Robinson Dissents :.
Justice Robinson in differing with
his fellow justices declares that
some such serious consequences may
result from a too literal adherence
to the language of the law.
"a special session Is usually call
ed for emergency purposes" he de-
clares in his dissenting opinion.
"The purpose of the session may be
wholly defeated if the acts not pass
ed by two-thirds majority can
have no force until next July -. An
obstructive minority can nearly al
ways defeat an emergency vote.
Surely the constitution is not so
inconsistent. as to provide for the
calling of an emergency session.
and at the same time to declare
that without majority of two to
one no acts Of the session shall have
any force or, effect until some in
definite period of from four to ele-
ven months after the close of the
session" -. .ls