The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1920-01-08
Contention That Legislature
May Arrogate to Itself FIX.
traordinary Powers For Any
Special Purpose 1t May Con.
ceive Is Dangerous, Asserts
Sheets - Asks Judges to
Choose Between Fundamental
Principles and Those Who
Seek It's MutilatiOn

The argument of counsel for State
Treasurer Obert A. Olson in the suit
to test the constitutionality Of House
Bill 60, the leagues immediate Ell
feet" act of the special session, tnat
the measure should be upheld ION the
broad principle that 1t was passed at
an extraordinary session of the legis-
lature which had for it's mission extra
ordinary purposes" was declared by
Assistant Attorney General Sheets,
appearing for the state in supreme
court this afternoon, to be "as vicious
as it is fallac.>ls."
1T strikes at the very fundamentals
of established government; 1t assumes
that the constitution is not controlling
If it conflicts with the desires OF the
legislature asserted the assistant
attorney general.
HOW CASE CAME UP
House Bill 60, which would give i'm
mediate effect to all acts of the special
session without regard to whether
they received the two thirds vote re-
quired to make them emergency
measures, came before the supreme
court on an application from the state
on behalf Of the attorney general, sec
retary of state and state auditor, men,
bers of the state auditing board, for
writ iof mandamus compelling State
Treasurer Olson TO pay the salary
warrant of an employe Of the state au-
ditors office which the treasurer had
held up because Of alleged conflict
with one Of the acts of the recent as
sembly, which he held to now be IN
effect as result of the passage OF
House Bill 60.
Assistant Attorney General Sheets
argued the case for the state. and
william Lemke, vice president Of the
Nonpartisan league, anl active in the
drafting of legislation during the re-
cent special session, appeared for the
respondents.
Sheets declared that under North
Dakota's state constitution and others
OF q similar nature the legislature has
no war power, no peace power, no or
binary power, no extraordinary pow
or, except as IL there specifically con-
tended. "Its. powers ana purposes
are the same yesterday. today and
forever. The power and authority Civ
on the legislature Of this state. wneth.
or Il convenes In special session. IN
regular session, in the daytime or in
the night. Is neither limited nor en-
larged. 1t Is just exactly what the
constitution gives it. no more. no less
But on this pretext, which Is no ex.
cuse at all, House Bill GO is passed to
manufacture d controversy which that
bill admits on it's very face does not
exist. For by tho terms Of House Bill
go 1t thereby expressly exccpts from
its operations emergency measures
obtaining two-thirds vote of both
houses. thus expressly recognizing the
application to special sessions of that
constitutional provision which it seeks
to nullify."
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 67 of the con
stitution has stood the test OF thirty
years, and has obtained the approval
and Interpretation of two special ses-
sions, excluding the last, as contended
for by the REALTORS, and has passed be-
yond all reasonable dispute long
since. No reasonable mind, not even
the dreams of an opium-eater. can
spell from it's language the freak con
troversy House Bill 60 attempts to
raise up"
The state cited to the court the fact
that the constitution does not read
$40 act OF the regular legislative as
sembly' but "No act of the legisla
tive assembly" shall take effect until
July 1 "after the close of the session
not "after the close of the regular
session. unless the same shall have
been 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 60, said Sheets, and "immediatel!
a coordinate and harmonious instru
ment which Governor Fancher de
scribed as the peer of any in the Unit
ed States is confounded with discord
and chaos"
THE constitution says that no act
of the general assembly shall be ef
fective before July /, unless it re
ceiyes two-thirds vote Of each house
Confined on Page Six)