The Bismarck tribune., 1925-02-12
CIGARETTES TO
BESOLD AFTER
APRIL 1, 1925
Only Agreement of Senate
and Governors Signature
Needed to This End
LAST HOUSE ACTION
Referendum Cannot Stop
Laws From Becoming Ef-
fective, Shafer Says
LAST HOUSE ACTION

Sale of cigarettes Will be laW1ul
in North Dakota after April !, 1923,
for the first time in IL years, if the
state senate accepts amendments
made by the House to the "cigarette
bills" and Governor Sorle signs
them. Agreement on the amendments
is expected and Governor Sorlie, who
recommended the repeal Of the state
anti-cigarette law, will sign the
bills.
The House of Representatives yes
terday afternoon passed the emer-
gency clause on Senate Bill No. I'll,
which repeals the states anti cigar
cite law and makes strict provision
against sale to minors. The House
Tuesday passed Senate Bill No. 62,
which licenses the sale of cigarettes
after April l, 1925.
Speaker b. c. Larkin Informed the
House this afternoon that he would
reverse ruling made yesterday,
when the vote was taken on Senate
Bill No. 6l, that it did not need
two-thirds vote to pass. He read an
opinion of the Attorney General
stating that vote on an initiated
measure to repeal the present law.
in 1920, did not cause Il two-thirds
vote to be required.
In reversing himself, Speaker
Larkin said he had been in doubt on
the matter, not having made
thorough investigation Of the law.
Ruling as he did, he said. no harm
was done, and the majority had the
right to appeal from his decision.
but if he had ruled against the min
ority it would have had no redress.
When the roll call was ordered
on the emergency clause, Rep. Starke
reminded the members that since
Senate Bill No. 81 was passed and
carried the emergency clause. mem
bers ought to vote the emergency on
Senate Bill No. 81, or after April
there would be no restriction
against sale of cigarettes to minors.
Rep. Halcrow, strong opponent
of the cigarette bills, took the same
view, and the emergency carried. los
to 6, with two absent. Those voting
against it were Burkhart, Flom. La
Zler, Levin and SanderSOn.
Since both bills carried with an
emergency clause, referendum for
a statewide vote on the measures
cannot prevent them from becoming
effective on April l, 1925. If a re-
ferendum is held. it will be after
the laws are in force.
OPINION
February IL, 1925.
Mr.. b. c. Larkin,
Speaker Of the House of Representa-
tives,
Bismarck, North Dakota.
Dear Sir:
You have requested of me an opin-
ion upon the question as to whether
two-thirds vote of the members Of
the Legislature is necessary under
the Constitution to enact Senate Bill
No. Gl, which purports to amend and
re-enact Sections l0l84 and lOlS5 Of
the Compiled Laws of 1913, as
amended by Chapter l26 of the Ses
sion Laws of 1921.
In reply thereto, beg to advise
you that in my opinion Senate Bill
No. 6l may be constitutionally adopt
I'd by majority vote Of the Legis-
lature as in the case of other bills.
The constitutional provision under
which the question arises is Article
26 Of the Amendments to the Consti-
tuition of North Dakota, which Ar
ticle, among other things, provides:
mo measure enacted or ap-
proved by vote of the electors
shall be repealed or amended b.
the Legislature except upon .
yea and nay vote upon roll call
Of two-thirds of all the men,
bers elected to each house"
The statute which Senate Bill No.
81 seeks to amend and re-enact,
namely, Chapter l26 of the Session
Laws of 1921, is an ordinary legis-
lative act. and was neither enacted
Ior approved by them upon a refer
endum. There was measure touch
ing upon the subject of cigarette SELL
ing initiated and submitted to the
electors at the presidential primary
held March 16, 1920, but the same
was defeated; and, therefore, never
having been enacted, does not come
within the provisions of the Consti-
tuition requiring two-thirds vote to
amend or repeal.
You also inquire whether, if Sem
ate Bill No. 61 is adopted with an
emergency clause attached, the filing
of referendum petition will suspend
its operation until it is voted upon
and approved by the people.
This question is answered by the
language of the same constitutional
amendment above referred to which
states:
"The second power referred to
is the referendum. Seven thou
sand electors at large may, by
referendum petition, suspend the
operation of any measure enact
ed by the Legislature, except an
emergency measure
Yours very truly,