The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1927-03-30
Sound Logic

In unfolding Governor Sorlics action relative the
state highway reorganization, the supreme court has
applied the principles of sound logic and common
sense as opposed to har-spitting technicality AMI
political maneuvering. This decision should meet
with the approval of the people of state tired OF
pickering, obstruction and jockeyng for mere po'
litical advantage 1t means that the importan,
work of highway development move forward
without hitch or interruption Now is the most
logical time to make the change rather than July
when the road program must by the nature OF
things be in full swing.
Some newspapers raised the query: "Why such
haste?" That should have been clear to the moss
simple minded 1t is customary to resume high.
way operations in the spring. and the advantage OF
the new commission getting in the saddle as
promptly as possible should have been apparent
to anyone with the cause Of good roads at heart.
But back of the issue of expediency some
interesting legal questions involved which the SUI
preme court has decided They important
touching the general field Of legislation. The
opinion is especially clear concise and convincing.
The court establishes the general rule that the
enrolled bill presented for executive signature is
sufficient evidence that all steps necessary effect
the legislative result have been regularly taken un-
less contrary action can be established from the
legislative records Failure of the house to pass
the emergency clause when the bill was UP for con-
sideration originally, and neglect of the house
clerks to delete from the bill the emergency clause
before it sent to the senate, is deemed not
pertinent. The court holds:
1.-The failure Of bill bearing an emergency
clause to receive the constitutional two-thirds
majority CT the members present and voting in
house to make such emergency clause
effective, is not equivalent to amendment
striking such emergency clause from the bill,
and legislative record showing the failure Of
house upon a vote to give its assent by the
requisite majority to make the emergency clause
effective, followed by favorable action upon the
entire bill by the requisite two-thirds vote, does
not contradict the emergency recitals in the
enrolled BILL"
The court further clarifies the situation in this
"There might appear to be some inconsst-
cncy involved in the senate actually voting
upon bill including an emergency clause which
has been lost in the house; but the other
hand, the vote upon such emergency clause was
not taken until after the senate had amended
the bill in another particular, which action
would require a further expression of the
assent of the house before the bill could be-
~ come law"
-. If the house were strenuousy opposed to attach
ing the emergency clause, the opportunity to de-
feat that end presented itself when the bill came
back from the senate for concurrence in the amend
ments of that body. The records clearly showed
that the bill in its amended form and with the
emergency clause was reenacted by the house prac-
tically by unanimous action.
The supreme court surely realized the danger Of
establishing precedent by going back of the en-
rolled bin and placing too much weight upon the
vicissitudes that beset act before it becomes
law. Governor Sorlie surely clearly within
his power when he proceeded to reorganize the
highway commission. Nothing but confusion would
result the chief executive Of state to rejec.
the enrolled bill and rummage through the legisla-
tive record looking for "woodchucks." Action of
the supreme court shows concusively that criticism
of Governor Sorlie's action in this unfair
and untimely.