The Glasgow courier. [volume] (Glasgow, Mont.) 1913-current, 1920-01-09

The operation of the Montana pri-
mary election law as amended last
August by the legislature, providing
as an emergency measure for the clos
ed primary and repeal of presidential
preferential primary law, cannot be
stayed for referendum vote Of the
people, District Judge w. H. Poorman
ruled here Wednesday morning in
over-ruling the demurrer of the re-
spondent in the case in which Sam
Goodman of Helena seeks to prevent
Charles T. Stewart, secretary of state,
from receiving petitions for referen-
dunn election.
A provision in TIE state constitu-
tion providing that all acts of the leg
islature maysbe referred except those
necessary for the immediate preser-
walton of the public peace, health or
safety" precludes referendum Of the
act, the opinion declares, and the leg
islature alone, being vested with the
law-making power Of the government
is the judge of whether an act is an
emergency measure.
The respondent is given until ~
o'clock Friday morning, January 9,
to make further pleadings. The de-
cision on the demurrer is said to dis
pose of the main question involved.
1t is expected that the matter will be
carried to the supreme court for fl
nal ruling.
The right of the legislature to
admend an inflated act is admitted by
the court.
"Courts make no laws; courts
change no constitutions; courts inaug-
!, urate no polices," adds Judge Poor
man.
Courts consider whether the limits
of the constitution have been infring-
ed upon, both in the case of initiated
acts as we'll as laws enacted by the
legislature. Nowhere in the constitu-
ton is there an y provision which di-
rectly or indirectly takes from or de-
nies to the legislative assembly the
authority to amehd any law and "like-
wise, the people may by affirmative
act amend any law enacted by the leg
islative assembly when the same is
not within one of the exceptions" with
held by the constitution.
Judge Poorman taking up the con-
tention of the respondent that the
courts, not the legislature, should de-
ermine when an act is necessary for
the preservation of the public peace,
asserts many of the states have con-
stitutional health or safety provisions
that laws enacted by the legislature
shall not take effect until a certain
time after their enactment, but that
the Montana constitution has no such
provision, hence all laws take effect
as soon as they are approved by the
governor.
The legislature, says Judge Poor
man, in determining whether an act
is an emergency act involves ques-
ton of fact and quotes authorities as
stating that Legislative determina-
ton of fact is conclusive upon the
court"
Continuing as to whether the closed
primary law is an emergency act, he
says:
"To enter upon an investigation as
to whether, under all the circumstan-
ces existing in all the localities of the
state require the enactment of such
a law for the preservation of the pub
lie peace, health or safety would be
fraught with such difficulty as to
render any conclusion reached of lit
tie moment. And then, wherein has
single individual, sitting as court,
if all the facts were before him, any
better opportunity to determine this
question than the 140 or more men,
bers composing the legislative assem-
bly, and where discussion is not hamp-
cred by any rules Of court or hedged
about by any particular methods Of
procedure, but where all questions
may be openly discussed both in the
assembly, in the public journals and
among the people. Furthermore ex-
peditious action might in many cases,
as in war, rebellion, insurrection, con-
tagion or disaster, be absolutely nee
essary without waiting for some in
dividual to voluntarily assume the re-
sponsibility of instituting an action in
court so that the cour. may write an
emergency clause in a law"
Replying to the question submitted
by the respondent: What remedy
will the people have if the legislature,