In re Construction of Constitution

Citations

• 3 S.D. 548
• 19 L.R.A. 575
• 54 N.W. 650
• 1893 S.D. LEXIS 20

Syllabus

<p>Const, art. 5, § 13, providing that “Tiie governor shall have authority to require the opinion of the judges of the supreme court upon important questions of law involved in the exercise of his executive-powers, and upon solemn occasions,” is confined exclusively to such questions as may raise a doubt in the executive department, — never in the legislative, — and therefore the court will not, on application by the governor, made at the request of both houses of the legislature, construe a section of the constitution which declares the number of votes that shall be necessary for the passage of a law, in anticipation of certain rulings under such section by the presiding officers of the legislature; the question involved being one of piuely parliamentary procedure.</p> <p>(Syllabus by the Court.</p>