The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1920-01-09
HOUSE BILL 50 SUPBRFLU0US, SAYS
MAN SUSPECTED OF BEING AUTHOR
ARGUING ALL ACTS NOW TN EFFECT

VOxKVV xXAA xxV
William Lemke Contends That
Inasmuch as Now Constitu-
tional Provision Definitely
Covers Time When Special
Session Laws Become Opera
tive, Legislature Is Its Own
Guide
Every act Of the recent assembly
without regard to House Hill GO Is
now operative and in full effect for the
reason that this was an emergency sei-
sion and because the constitution
makes no special provision as to when
acts Of a special session shall take
effect, insisted William Lemke, vice
president Of the National Nonpartisan
league, in defending in supreme court
Thursday afternoon the leagues con-
tcntiOn that passage Of constitutional
emergency clauses by tWothirds
vote Of each house is not necessary in
the. case Of a special session. Section
81 Of the constitution which provides
that no act of the general assembly
shall become ecective until July 1 fo.
lowing its passage, unless it carries an
emergency clause, was declared by
Mr.. Lemke to apply only to acts OF
regular sessions. lie asserted thar
there was no constitutional provision
providing time when acts Of a spc-
cial session should become effective.
cox NOTES AN OMISSION.
Assistant Attorney General e. B..
Cox in rcbuttal,f called Mr.. Lemke's
attention to the fact that in quoting
constitutional authority for the guild
ance Of the legislature, he had over
looked the words except as otherwise
provided in the constitution" which
form the concluding clause in Section
IS Of the constitution, which reads in
full: 'Thc sessions Of the legislative
assembly shall be biennial. except as
otherwise provided in this constitu-
tion." /. ,f
Mr.. Lemke had insisted that, the
only reference to times of sessions
Of the legislative assembly in tho con
stitution appeared in this section. and
that biennial sessions were specifically
designated
COULDN'T WAIT. !.
Mr.. I4cmkc argued that had at
emergency necessitated legislative ac
ton July 2 the acts of that special
session could not, nnler tic states
attitude, become effective for Il whole
year, no matter how urgently the gov
ernor might need such legislation, un-
less an emergency clause was nt-
tachcl Iemke insisted the governor
was directly responsible to the, poop g
and had a right to demand from the
assembly such emergency legislation
us he might require. Associate Justic"
Birdzell lsuggested that legislators also
owed O direct responsibility to the peo-
pic which might incline them to give
acts immediate effect when in their
opinion the emergency and the people
demanded It,
LEMKE GETS OFF WRONG.
Iemke argued that there was u uni
versal demand for an immediate re-
luction Of taxes and that material
reduction had been made by the Spc~
cial session, that the act decreasing
this cut in taxes had been given i'm
mediate effect through an emergency
clause, while the legislature had
failed to give immediate effect to
House Bill A. which reduced approp-
priations accordingly. Therefore, said
counsel for the respondent, marked
deficit would result in the general
fund unless House Bill GO. giving i'm
mediate effect to the act reducing APP
preparations was upheld.
cox CALLS TURN.
In rebuttal Assistant Attorney Cen
eral Cox showed that while 25 per
cent reduction had been made in state
taxes. appropriations had been reduced
only So ,er cent. and that it made
comparatively little difference whether
the act reducing appropriations went
info effect before next July. as the
cut was so slight as to be negligible
in a period Of six months.
Cox quoted from statement issue.
by state Tax Commission Wallace
dealing with House Bill Al, showing
the total tax raised by state levy, cx-
elusive Of soldiers bonus. to be So
45S 9O7, which House Bill 50 reduces
in tho sum Of $SG4,50O. He found the
total reductions in appropriations as
they are figured out by the tax com
missioner for the two-year period to
amount to $3S9, 9,GS5. but that new and
additional appropriations were made in
the sum of $142.5OO, leaving a net de-
crease Of but $247,1S5 for the two
years. or $125.592 for the current year.
DEFICIT CERTAIN ANYWAY.
"The taxes for this year. said Cox.
"were reduced 1854 600: the expenses
were reduced but $125, 600; while the
income of the state was reduced 25 per
cent, the liabilities Of the state were
reduced but 50 per cent. 1t is thus
clear that if the figures of the tax COM
mission In statements which they are
sending broadcast throughout The
state are correct, Mr.. Lemke is wrong
And, regardless Of the fact whether
House Bill Al goes INTO effect now or.
July 1, if his argument is correct, the
taxpayers must make up next year
deficit of approximately S14l,On
which deficit will occur according TO
Mr.. I.emke's argument because House
MI, "A i3one. nnf ~ irtn effect immC.