The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1927-03-24
COURT HEARS
, ARGUMENT ON
!" HIGHWAY BILL
Petition Asking Peremptory
Writ Of Mandamus Is TAX
en- Under Amusement
RULING EXPECTED SOON
Bronson Claims Reorganiza-
ton Legal Because Bill Car
ried Emergency Clause

The state supreme court has taken
under advisement a petition by the
iAtate highway commission asking q
percmptory writ of mandamuss to
force State Auditor John Steen to
pay bill incurred pursuant to the
recent highway department reorgan-
ization.
The question, as presented to the
court, was whether the bill authoriz-
ing the reorganization legally car
ried the emergency clause and be-
came effective upon its signature by
the governor.
H. A. Bronson, Grand Forks, rep
riesenting the highway dcpartme mt,
heid that the emergency clause car
r!ed and that the bill became cffec-
tive upon ito signature by the gov
ernOr.
The state auditor. represented by
John Thorpe, first assistant attor-
ney general, argued that the emer-
gency clause was not legally passed
and that the highway department re-
organization may not be legally made
.pnder terms of the bill until July /.
An Agreed Statement
The petition presented to the su-
preme court contained an agreed
statement OF the progress Of the bill
through the legislature until it's
signature by the governor, reference
being made to the journals of the
house and senate and the minute
books of both branches. That. the
emergency clause was physically at
tached to the bill when signed by the
governor ia unquestioned. Whether
it had a right to be there and wheth-
er it is effective is the point to be
dctermind by the court in its decision,
which is expected within a week or
10 days.
Following presentation Of the petit
tion by Bronson on behalf of Cover
nor A. G. iSorlie, r. s. Ashley and /.
J. Moe "actipg and assuming to act
as the state highway commission
and J. j. Ermatinger, appointed
secretary at the reorganization meet
ing. Thorpe moved to quash the ap-
plication and argument was present
ed on the legal aspects OF the case.
Br0ns0n's COntentiOn
Bronson contended that the emer-
.gency clause was attached to the bill
Vwhen it came to the governor and
that the journals Of both the house
and senate show it was carried by a
two-thirds vote and that the speaker
Of the house and president Of the
senate declared the emergency clause
carried. The fact that the journals
do not show that the emergency
clause was reinstated cannot over.
shadow the fact that the speaker OF
the house and president Of the sen
ate declared the emergency clause
carried, he contended. He pointed
out that the emergency clause was
actually on the bill as it went from
the house to the senate and that the
senate had right to vote on it.
Thorpe contendcd that the cmer.
gency clause was legally stricken
from the measure when It failed to
receive a tw0-thirds majority the
'housc. At that time the speaker de-
it legally became non-cxistent, he
said.
Thorpe cited the record to show
that the senate had amended the bill
!. in one particular but had never tax.
Ell any action to restore the emcr-
gcncy clause. He further pointed out
that the bill, as certified to the SEN
ate by the house, carried q notation
specifically stating that the emer.
gency clause had been lost. He ask
cd the court to consider the case in
the same light as though it were q
. criminal statute. pointing out that
the decision in this case will have
important bearing on cases OF q
similar nature which may arise in
tho future.
What the Record Shows
The record shows that the bill, in
troduced by N. H. Lynch, was first
, passed BY the house on February q
by a>6O 70 a. vote. the emergency
clause being declared lost. On March
it was amended by the senate and
passed rs amended by . 40 to 8 vote
the emergency clause being declared
carried. On March it was return
cd to the house, which approved the
senate amendment and repassed the
bill by 90 to 2 vote. The speaker
then declared the emergency clause
carried. It was then reported by the
enrolling and engrossing committee
as correctly enrolled and engrossed
and signed by the speaker Of the
house and president Of the senate
The amendment made In the senate
made no reference to the emergency
clause but merely limited the secre-
tary's salary.
The bill which Steen refused to pay
was one for $s2.3O covering the
premiums on the bonds given By
Ashley, Moo and Ermatinger to in
sure faithful performance In the Of
fices to which they were appointed
under the recent reorganization.
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