The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1927-03-12
ERROR IN BILL
MAY BRING ON
COURT ACTION
Alleged Failure 10 Pass
Emergency Clause May De-
lay Highway Body Change

Reorganization Of the state high
way commission under the law passed
by the recent legislature may be
held up until July l, it developed to-
day, despite the fact that the bill as
signed by the governor carries an
emergency clause and directs him to
reorsanize the department within 10
days after the law becomes effective.
The question arose today as to
whether the emergency clause was
actually passed by the legislature
and whether it belongs in the bill
as presented to the executive and
signed by him.
The bill signed by Governor A. G..
Sorlie bears certification by
Speaker John w. Carr and c. X.
Very, clerk Of the house, that the
measure passed by a vote Of ~ to .
with l3 members absent. "A further
note says: This certifies that two
thirds of the members Of the house
Of representatives present and vot-
ing, voted in favor Of said law 1t
also was signed by Carr and Very.
I Emergency Clause Lost
Records of the house show, how
ever, that the emergency clause was
lost when it first came up for vote
in that body. Therefore, it is held,
it was not on the bill when it went
to the senate or when it was re-
passed by the house after having
. been amended in the upper branch.
tiOn to restore the emergency clause
IN hn oft In
time. The senate vote, the record
shows, was Al to 8.
1t appears, however, that the
emergency clause was contained in
the cngrossed bill as it went from
|, the house to the senate and was
never actually taken off, although it
is alleged that it was legally non
existent after the first house action.
Despite the question as to when
the bill should become effective it
! was indicated at the governors Of
, flee this morning that Sorlie will
proceed to rcorganize the highway
commission within the next 10 days
as the bill which he signed directed
him to do.
May Resort to Court Action
Meanwhile Joseph A. Kitchen, COM
missioner OF agriculture and labor,
has obtained an unofficial opinion
from Attorney General George Sha-
fer to the effect that the emergency
clause was not legally passed and
that the bill will not be effective
until July /.
Kitchen is now an cx-OfficiO mem
ber Of the highway commission.
Under the new act, however, he will
be removed and the affairs of the
commission placed in the hands Of
the governor and two comm IS toner's
to be appointed by him.
studying the proposition to deter
tempt is made to rcorganize the
comm ission, he said, he will file a
written protest and will then prob
ably institute court action challeng-
ing the validity Of the governors
action.
The highway commission will meet
Tuesday to consider bids on con-
tracts for machinery and it is con-
sidered probable that stems to carry
out the reorganization will be taken
then.
Not Responsible For Error
In discussing the case, Shafer said
it is apparent that the legislature
cannot be made responsible for err
rors of its engrossing force and that
the official records as contained in
the house and senate journals will
rule. The house journal is said to
show that the emergency clause on
the bill was killed and that no SUBJ
sequent action was taken in either
house to restore 1t to the bill.
No indication has been given by
the executive as to whom he will ap-
point under the terms Of the new
act. It is expected that l. J. Moe,
Valley City, one Of the present COM
missiOners. will be retained but that
Herman Hardt, Napoleon, appointed
by Sorlie two years ago, will not be
retained. Hardt's term expires April
first