State ex rel. Brislawn v. Meath

Citations

• 84 Wash. 302
• 147 P. 11
• 1915 Wash. LEXIS 1228

Syllabus

<p>Constitutional Law ■ — ■ Legislative Powers — Infringement by Courts — Acts—Time of Taking Effect — Determination of Emergency. The legislative declaration that an act is necessary for the immediate preservation of the public peace, health or safety, or support of the state government and its existing institutions, and shall take effect immediately, thereby cutting off the people’s right of referendum, is subject to review by the courts, and will be held unconstitutional where the law, on its face, shows that the declaration is false, although, if the act he doubtful, the question of emergency will be treated as a legislative question and the act upheld; in view of the initiative and referendum amendment to the constitution (Laws 1911, p. 136), providing that the people reserve to themselves the power to propose and enact laws, independent of the legislature, and to approve or reject, by the power of referendum, any act passed by the legislature, except such laws as may be necessary for the immediate preservation of the public peace, health or safety or support of the state government and its existing institutions, which amendment repeals Const., art 2, § 31, providing that no law except appropriation bills shall take effect until ninety days after adjournment, unless in case of emergency, which emergency shall he expressed in the act, and provides in lieu thereof that no law subject to referendum shall take effect until ninety days after adjournment (the time within which the referendum may be invoked); taking into consideration the old law, the mischief, and the remedy, and the fact that the constitution leaves no room for the exercise of discretion by the legislature in the given cases.</p> <p>Statutes — Time of Taking Effect — Emergency Clause. Laws 1915, p. 19, § 1, amending Rem. & Bal. Code, § 6605, relating to the personnel of the board of state land commissioners, and substituting for the appointive state tax commissioners and fire warden, the elective se