The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1923-03-26
IMMIGRATION
WORK GOES ON,
UNDER OPINION
Appropriation Made by Legis.
lature Is Valid, Is Sha-
fer's Opinion
PART OF LAW INVALID
Effect Is to Retain Old Law
and Part of New Law for
Department

The state immigration department
will be able to continue functiOning
after July although parts Of the
law passed by the last legislature are
unconstitutional, in the opinion OF
Attorney General George Shafcr. In
his opinion, submitted to Governor
Ncstos today, Mr.. Shafcr holds that
while the legislature could not change
the intent of the immigration law
1919 by less than twoIthirds vote,
it could vote an appropriation by a
mere majority vote to aid in early
ing out the purposes Of the law.
The opinion holds that the law of
1919. creating the office of Commits
sioner of immigration and defining
his duties holds, and that the appro.
priation of the 1928 assembly for the
department Of $4,000 for two years
also holds. The opinion states two
questions had been submitted tc the
attorney generals department by the
governor, which were: r. Whether
the general provisions of senate bill
1871, laws of 1928, will take effec.
July /: ,. Whether the appropria-
tion therein made will be available
on and after July l, and continues: ::
"Chaptcr lag. Laws of 1919, created
the office of Commissioner of Immi-
grafton. prescribed his powers and
duties and made an appropriation OF
100000 to carry out the provisions
of the act. This legislative enact
mcnt was referred to the electors at
a special election held June 26, 1919.
and approved and adopted at such
election. Such act. therefore, comes
within the provisions Of Article 26
of the amendments to the state con-
stitut on, relating to the legislative
power. the initiative and referendum,
which provides that mo measure en-
acted or approved by vote of the
electors shall be repealed or amend
ed by the legislature, except upon a
yea and nay vote upon roll call Of
two-thirds of all the members elect
ed to each house.
S35,00O Appropriation.
"Chapter 10, laws Of 1921, makes an
appropriation of $4,000 for the BIZ
cnnial period ending June 30, 1928,
for the purpose Of carrying out the
provisions of said chapter lag, laws
of 1919.
Senate bill 1877 purports to amend
and re-enact said chapter lag, laws Of
1919, in several sections. For in
stance, the salary of the commission
er of immigration is reduced from
$4,000 to $4,000; and some changes
and amendments are made in respect
to the duties of the commissioner
Section 4 appropriates $4,000 to car
ry out the provisions of the act. The
bill failed to carry by two-thirds
majority in the house. Therefore,
the general provisions of S. B. 1877
being an attempted amendment of
chapter LAG, laws of 1919, are invalid
and of no effect. and the original act
is in force amended accordingly.
The question, then. is whether sec
ton 4 of S. B. 1877. being a fairly COM
pletc appropriation enactment. also
falls with the other three preceding
sections.
I'VE deem it proper to treat this
matter as one wherein a statute is
partially but not wholly invalid. 70
invoke the rule Of construction APP
plicable in such cases, We must also
hold that as an ordinary appropria-
tion measure, such bill may be adopt
ed by a majority vote in each house.
The constitutional provision above
cited does not require appropriations
but subsequently made to carry out
the purposes of an act which has been
by the electors, to be
adopted by two-thirds majority Of
the legislature.
"Thc test Of the right to uphold a
law, some portions of which may be
invalid, is whether or not in so do
ing, after separating that which is
invalid, law in all respect is COM
pletc and susceptible of constitutions
al enforcement is left, which the leg
islature would have enacted if it had
known that the portions stricken out
were invalid
Ignite Work Last.
1T may be fairly presumed that the
Legislature intended fully as much to
make an appropriation for carrying
in effect the purposes of the state re-
lating to the powers and duties Of
the commissioner of immigration, as
that it desired certain amendments to
the statute.
1T is therefore our view that the
of $1,000 is valid not
withstanding the invalidity of the
other provisions of the act, available
on and after July !, 1928"
Among the provisions of the bill
this winter, changing the duties Of
the immigration commissioner, was
that providing that he should cooper
ate with the North Dakota Ignite
Operators Coal association in boost
ing the Ignite industry, and it was
this provision caused the fight which
probably prevented two-thirds vote
in the house. It appears from the
decision that this portion of the act
is invalid, and that the duties of the
will be substantially as
they have been. The new law pro-
vided the salary of the commissioner
would be $4,000 annually.