Grand Forks herald. [volume] (Grand Forks, N.D.) 1916-1955, 1920-01-09
SHEETS ARGUES
!. STATES CASE
BEFORE COURT /

AHS>4S0 WO-AAA4A0s ASA0yOA...
ity Was Necessary to
Pass II. B. SO. {.
Bismarck, N. b., Jan. s.-Should
the supreme court uphold the consti-S
tutionality Of House Bill so. a question
which was argued before that trt-
bunfl yesterday, there will be doings
at the capitol Immediately. It is ex-
pected the governor will at once name
his state ;sheriff, expected to be Sea-
Townley's in Golden Valley county.
and former. sheriff there; that the
state constabulary will be organized;
new assistants attorney general ap-
pointed; the smelling committee will
begin to smell. and wheels will move
rapidly in the furtherance OF the
leagues punitive program, which has
cision on House Bill go. which gives
the acts providing for all Of this ac-
tivity, immediate effect.
Assistant. Attorney General Sheets
argued the. case for the state, and
William L.emke, vice president Of tho
Nonpartisan league, and active \ in.
drafting OF! 1.-THE legislation during the
recent special session, appeared Tor
the respondents. NJ \
Sheets declared that under North
Dakota's state constitution and 9TH
ers Of similar nature. the legislature
mas no war power, no peace power,
no, ordinary power, no extraordinary
power. except as is there specifically,
contained. It's powers and purposes
are the same yesterday, today and
forever, Power and authority given,
the legislature of a state, whether It
convenes in special session, in regu-
lar session, in daytime or in night Is
neither limited nor enlarged. It is
just exactly what the constitution
gives It: no more, no less. But on
this pretext, which is no excuse at all,
House Bill so Is passed to manufac-
ture controversy which that bill ad-
mtts onl its very face does not exist.
For by the terms Of House Bill SO 1t
erations emergency measures obtain
ing q two-thirds vote of both houses.
thus expressly recognizing the appli-
cation to special sessions of that con-
sttutional provision which it seeks to
nullifys
Admission Of Wakeness.
The assistant attorney general de-
clared that here in the very instru-
ment by which counsel attempts to
sustain Its position is found admis-
sion Of the weakness Of it's case.
. Guarded by the armor of clear and
lucid expression, Section 81 iof the
constitution has stood the test, of
thirty years. and has obtained tho ap-
proval and Interpretation Of two spe-
cial sessions. excluding the last, a
contended for by the relators. and has
passed beyond all reasonable disnuts
long since. No reasonable mind, not
kt,A'. atut tSaf
can spell from its Language ths, freak
cpntroversy House Bills % attempts
staisee up = 81 {.
The state 9ited to. the court the fac,
that the constitutions does not read
. ''No act of the regular Legislative as
sembly'' but No act OF the Legislative
assembly shall take effect until Jul,
after the close OF the session. not
after the close Of the regular ses.
passed by two-thirds vote Of the
members present and voting in each
house.
Place Section 81 Of the constitution
upon the rack constructed by House
Bill SO, said Sheets and ''immediatel,
a coordinate and harmonious instru.
rnent which Governor Fancher de
scribed as the peer Of any in thu
United States is confounded with dis,
-. ,..".D" ,. z
=, IN AliIu hlAyola'y Nee.
'The constitution says that no 'ac,
Of the general assembly shall be ef
fectfve before July. 1, unless 1t re
ceives two-thirds vote Of eacf
house. House Bill 60, which did no.
receive a.two-thirds' a vote in eithe
house. presumed to take effect itsel
and. give elect to IS other laws, ter
days after adjou7Gment Of the recen
special session, and six months befor,
July |: The constitution since tn,
adoption. Of the Initiative and refer
endum clause has given section 81 a,
additional purpose, Tor by it elector
are allowed until July II to obtatl
signtures on referendum petitions
before anyIiaWs to which they objec
becomes effective. And il petition
with 900 names tis filed on or be
fore that date, then the suspension o
the law II referends Is automaticall,
continued until favorable vote o
the people is. had. House Bill SO an
,nuals this right guaranteed by tn
constitution. places In immediate op
Grafton every law passed by specia
session. gives no time IN which to- oh
tain signatures on e referendum peti
ton before the law objected to be
comes enecttve, and requires 5000
signers on the petition to obtain no
a suspension OF the Law, and an cleo
ton as above, but just the election
me "a AL! law cannot na;,.. ne SUSPENDED; Ssl