FREE BOOKS

Author's List




PREV.   NEXT  
|<   61   62   63   64   65   66   67   68   69   70   71   72   73   74   75   76   77   >>  
iation. In Tennessee the exception was of cases where "the public welfare" required an earlier date. Out of 265 laws passed at one session 230 contained the declaration that the public welfare required their going into effect immediately. In Texas the constitution provides that no bill shall be passed until it has been read on three several days in each house and free discussion allowed thereon, but that "in cases of imperative public necessity four-fifths of the house may suspend the rule." Out of 118 laws passed at one session all but five contained the statement that "imperative public necessity" required suspension of the rule. Legislatures also seem prone to disregard the constitutional provision for the referendum despite the strong, explicit language of that provision. In California the constitutional provision is as follows: "No act shall go into effect until ninety days after the adjournment of the legislature which passed such act ... except urgency measures necessary for the immediate preservation of the public peace, health or safety, passed by a two-thirds vote of all the members elected to each house." Surely the language of the exception is strong and forceful. Two-thirds of all the members elected to each house must hold that the measure is urgent, not admitting of delay, that the public peace, health or safety, not the mere interests or convenience of individuals or localities, is threatened and that the danger is imminent, requiring immediate action. Among other instances, the legislature of California at its special session of 1911 adjudged an act to validate certain defective registrations of voters in some municipalities to be an urgency measure within the language of the exception; also an act to change the boundaries in a Reclamation District. Oregon has a similar constitutional requirement and exception which its legislature does not always observe. At the session of 1911, among other cases the legislature adjudged an act authorizing a county to levy a tax for advertising the county's resources to be within the exception; also an act dividing a road district; but an act appropriating money to guard against the bubonic plague was not declared to be within the exception. In Oklahoma with a similar constitutional provision and exception, the legislature seems to have run riot. At the session of 1910 a very large proportion, if not a majority, of the statutes were adjudged to be within the exceptio
PREV.   NEXT  
|<   61   62   63   64   65   66   67   68   69   70   71   72   73   74   75   76   77   >>  



Top keywords:
exception
 

public

 

passed

 
legislature
 
session
 
provision
 

constitutional

 

adjudged

 

language

 

required


California
 
county
 

strong

 

similar

 

necessity

 

urgency

 

imperative

 

contained

 

health

 

effect


measure
 

welfare

 

elected

 
thirds
 

members

 
safety
 
imminent
 

special

 

boundaries

 

threatened


individuals

 

localities

 
change
 
danger
 

validate

 
registrations
 

defective

 

instances

 

action

 

voters


requiring

 

municipalities

 
Oklahoma
 

bubonic

 
plague
 
declared
 

statutes

 

exceptio

 
majority
 

proportion