The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1920-01-17
WHAT COURT HOLDS

WHAT COURT HOLDS
In brief, the court holds that tho
legislative power pursuant to the con-
stltutlon is vested in the legislative
assembly and in the people through
lhe initiative ana referendum.
This legislative power, pursuant to
the constitution may be exercised ne
session of the legislative assembly.
or by the people at tile polls, through
| Inc initiative and referendum,
"A special session OF the Legislative
assembly, pursuant 10 the constitu-
tion, Is session Of the legislative
assembly. ,,,,'.... -..l.s
"A special session of the legislative
assembly is governed by the time
when acts Of a legislative assembly
shall become operative as laws, and
is subject to the Legislative power
Of tho people reserved in the initiative
ana referendum. In the same manner
as regular session Of the legislative
assembly.
An act Of a Legislative assembly,
consonant with the constitution, be-
comes effective as law immcdia tely
upon its passage and approval by the
governor, when stated and adopted
by the legislative assembly as an emer-
gency by the two-thirds affirmative
vote required by the constitution, Sec
ond. on July 1, following the close
Of the session, unless made subject
to a referendum to the people, where
upon. by an affirmative majority Of
the electors, it becomes law. and cf-
fective as such, thirty days after such
election, unless otherwise specified in
the act; Third.-On date, prcscrib-
cd in the act. or otherwise by legis-
lativc assembly, subsequent to the Goa
stitutional date Of July !.
ACTS OF SPECIAL SESSION
"1hc acts Of the special session Of
the legislative assembly of 1919 are
subject to the provisions Of the con-
stitution. prescribing when acts Of
legislative assembly become effective.
and to the legislative power Of the
people reserved in the initiative and
referendum. The acts adopted at such
special session not as emergency meas
! ures-Senatc Bill 40, changing the
composition of the state auditing
board, and House Bill II. altering and
reducing the state budget-do not be-
come operative as laws until July I,
1920. unless made subject to n refer.
endum to the people. and sooner rati-
fed by the people at an election, pur-
suant to the constitution.
"Thc act. House Bill GO. which
provides that al acts passed at
special session. not emergency meas
urcs, shall be operative as laws with
in ten days. after the close Of such
special session, and which was adopted
by such special session. not as an
emergency measure. pursuant to the
constitutional provisions. Is not Ct
fcctivc as q law. either. until July ].
next. or unless sooner ratified by the
pcoplc. pursuant to such constitutional
provisions, and therefore does not ap-
ply to the time when Senate Bill AZ
and House Bill Al become operative
as laws
HOW CASE STARTED
While the bills referred to are only
two of 7o acts Of the special session
which would have been made effective
by House Bill co. they were made the
point of attack through which the
state auditing board and the attorney
general brought the issue before the
supreme court. which complied with a
petition praying for an alternative
writ directing the state treasurer to
show cause why he should not pay
certain salary warrants affected by the
two bills in question. altering the per-
sonncl of the state auditing board and
materially reducing appropriations OF
insurscnt state officials.
MAY BE REFERENDED
It is now suggested that altho three
Of the four justices whom the league
elected to the supreme court refused
to approve the course adopted by the
majority in passing House Bill 60,
an effort will be made to gain ratl'
fication for the measure through q
Continued on Page Six