The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1933-02-13
Foreign Representatives
SMALL. SPENCER. BREWER
(Incorporated)
CHICAGO NEW YORK BOSTON
A Good Decision

The supreme court decision that the
state salary reduction law is uncon-
stitutional should disturb no one.
Much as tax reduction was needed
and much as it is needed now, the
enactment babe fair to do much more
harm than good In the long run.
Not that reductions in public ex-
penses are not imperative. This
newspaper was among the first to
contend that one Of the things which
intelligent government could do to
ameliorate the stresses Of the times
was to reduce the amounts taken by
the tax collector.
But it should be kept in mind that
present conditions will not always
prevail. II We are to adopt the dark
est possible outlook, which many are
prone to do under the circumstances,
we shall hamstring our gopernment in
its reasonable operations when good
times return again.
The real danger with law such as
that which the supreme court held
unconstitutional Is its immobility.
Times and conditions change. A sal
airy which was adequate yesterday
may be too high today. A salary
which is right today may be too low
tomorrow.
Balanced against this, we're the law
permitted to stand, is the fact that it
has been q practical impossibility to
change the laws which were enacted
by the people. Under the law two
thirds vote Of each legislative branch
is needed to effect such revision. And
this is hard thing to obtain.
OF the initiated laws now on the
books few have been revised. but
not many. They have almost the
same force and effect, in 50 far as q
legislature is concerned, as q consti-
tutional dictum. They are the voice
Of the people, speaking direct. and as
such are not to be trifled with.
This. generally speaking, has been
the legislative attitude and quite
rightly so. Legislators derive their
authority from the people and it is
. serious matter for the servant to
override the will Of the master. Hence
the immobility OF the law built up
by initiative enactment.
The court decision frees the present
legislature to deal with the situation
upon the basis OF present facts and
without attempting to peer too far
into the future.
Life changes rapidly and laws, II
they are to be effective and observed,
must change to fit them. This is
particularly true of those phases of
government which are controlled
largely by economic conditions. In
good times few thought servants OF
the state were receiving too much. In
bad times the salaries paid look ex-
orbitant to many. It is only common
sense to keep these matters in such
position that they are easily adjust
able to meet conditions. This can
best be obtained by resting authority
to make such changes in the hands
Of q majority Of the legislature.
The court, Of course, did not have
these things in mind when it rem
dered its decision. It's judgment was
based upon the constitution and the
law. Some persons will feel that the
decision, apparently running counter
to the viii Of the people. will not be
Tor the best interests Of the state, but
this IS narrow view. The will of
the people can be-and will be-made
effective in another way and the re-
suit, over . period Of years, should
be beneficial.