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STATE SUPREME COURT HOLDS PEOPLE
VOTE ON PRIMARY ELECTION MEASURE LOWER COURT REVERSED BY THREE TO TWO DECISION MEANS TWO PRIMARIES Helena, Jan. 30.—In a three to two decision, the state supreme court eliminated the emergency clause from the closed primary law passed by the last extraordinary session of the state legislature and reversed the decision of District Judge W. H. Poorman in the action brought by Sam Goodman of Helena to secure a writ of prohibition en joining Secretary of State C. T. Stewart from receiving and tiling referendum petitions to refer the emergency measure to a vote at the next general election. Matthew*, Hurly, Cooper Justice Matthews wrote the opin ion and Justices Hurly and Cooper concurred. Justice Holloway dis sented and Chief Justice Brantly eppeurred in the dissenting opinion. As a result of the supreme court's decision the closed primary law, as passed by the last legislature, will be voted on at the next general elec tion, as sufficient signatures have been filed with the secretary of state to refer the measure to the people. Meanwhile, It'* the Law The supreme court decision has no effect on the closed primary law and the repeal of the presidential prefer ential law of the last legislature, ex cept to permit their reference to the voters. In the meantime, the closed primary and repeal Jaws operate, un Good Meats OF EVERY KIND At the Best Prices Possible Fish, Fruits and Vegetables Canned Goods and Groceries Phone your order to No. 38 For Quick and Careful Service The Home Market O. M. DAHL, Proprietor Montana Wolf Point == jH| = == HH HI H| Ü= = ^ HHl jkU / S l^i = == === === m j= == Men's Hightop Shoes, in brown calfskin $11.75 values, at Men's Hightop Black Kid, leather lined, $15.00 values, at... Men's Hightop Black Calf skin, $11.75 values, •«*>1 $12.50 $9.75 = at HI Nifty Shoes for Nifty Women. I HI A shipment of Women's Pumps y\ g and Oxfords, in brown and g black, widths A and B (j*0 7T g $10.00 values, at. VO.f D / A Dresses and Aprons Another lot of new dresses just in. Prices, g $19.75 to $29.00. Here are the reasons why you g should get your dresses at Krueger's. It is im mt possible to duplicate these dresses elsewhere at g these prices. We guarantee our dresses to be HI perfect in every respect, and the latest styles, g Come and inspect them. KRUEGER BROS. Wolf Point, Montana nîll! j less held up by a certain percentage ! of signatures on petitions, the exact ' number required now being a moot ed question among attorneys. j the primary election law does not come within the purview of the ex ception, and is subject to the refer endum as provided by the constitu tional provision; and, therefore, the Emergency Treated a* Fiction In reversing Judge Poorman, the majority opinion of the court held: "Clearly the act in question, strip ped of the superfluous declaration of the legislature, contains nothing to warrant the assumption that it is necessary for the immediate preser vation of either the peace or safety of the state; or is there anything in the history of the legislation, the contemporaneous declarations of the legislature, the purpose of the act or the evils sought to be remedied, showing a fact condition justifying either the legislature or the court from withdrawing the act from the consideration of the people. "Under our system of government the people rule, and that rule is by majority; it is the duty of the min ority to bow to the edict of the ma jority in matters of policy and pro cedure. To say that the act must stand without submission to the peo ple, out of fear that they will not accept the amendments, is to over throw the rule of the majority and substitute the rule of the minority Uphold* Emergency Law "We find that the act amending i ' ! j judgment of the lower court is re versed ; the writ of prohibition is set aside and the cause is remanded with direction to dismiss the pro ceeding." In his dissenting opinion, to which Chief Justice Brantly concurred, Justice Holloway held that while it is incumbent upon the court to main tain the referendum amendment with vigor, "the referendum amendment is not all-inclusive." He held the emergency laws "a vital part of the constitution and to give full force and meaning to the exception is a duty as imperative as any other im posed upon this court. Whether the act in question comes within the ex ception, and is, therefore, not sub ject to the referendum, depends up on the answer to two questions: (1) Does the subject matter of the act bear any relationship to the public peace and safety? and (2) Did there exist such an emergency as rendered it necessary that the act be effective immediately? The first is a question of law, the second a question of fact. The first involves the essential ele ment of an exercise of legislative power, the second involves the exer cise of legislative descretion. Orderly Administration a Te»t "Neither reason nor authority sup ports the view that the terms 'public peace,' 'health' and 'safety' have to do with extraordinary occurrences arising out of public calamity, such as insurrection, pestilence, invasion or rebellion." Justice Holloway further pointed out that in the legislative history of Montana the "term public peace has been used as synonymous with good order in society; to denote quiet and freedom from agitation or disturb ance. 'Public safety' means public | security and relates to matters af j footing thé stability and orderly and efficient administration of govern i ment and the general welfare of the I people as indicated." Justice Holloway also said that if a reasonable doubt existed as to an emergency, the court should not thwart the legislative will. He fur i ther said ; "It cannot be said that the act in question bears no reason I able relationship to the public peace j or safety, and the effect of the ma jority opinion is to render the ex j ception to the referendum amend j ment a. dead letter." He held that there is no authority I conferred on the courts to consider j evidence to impeach the legislature's I findings. I In closing his dissenting opinion, ! Justice Holloway said: "Conceding for the sake of argu ment that in this instance the court j may consider extraneous matters, it is, to say the least, a most extraor dinary proceeding to determine the controversy upon a portion of the j evidence only." BEWARE OF STOCK ART (The Stars and Stripes) Many communities are buying war memorials. Salesmen are on the road with designs, layouts, and fig The well-known "psychological j moments" are at hand when sales I manship plus demand brings con j tracts. : Isn't there need for caution? And j especially in the purchase of re ! plicas of monuments, even though I they are from original designs? i It sounds fine to say original de j signs, but does it mean anything? Is the original design of sufficient worth to justify duplication, tripli cation, multiplication? j w jjj se j ect t j, e heroic figures I of the World War to be placed in I bronze or stone in civic centers or j ■ to be distributed at main street cor- ! ! ners and in parks? ! The business of the salesman is to I sell from his catalogue. He takes ! what he has and makes the most j of it. For example, if he had an Eddie Rickenbacker piece he would proba bly use his "Where's Who" and take the first train for Eddie's native abode. Yes, Columbus, Ohio, would be a good place to sell an Eddie Ricken backer. A Sergt. Alvin York in the hands of an experienced salesman might go well most anywhere. If the sculptor doesn't happen to j be a big leaguer a little more sales- I manship will put over his product on a patriotic community. Think what a clever drummer , could do with a good line of gener als' statues, regardless of their artis- ! tic value. The first wooden Indian w*as a good idea, but they got monotonous. Periodic Bilious Attacks Persons subject to periodic bilious attacks will observe that their ap petite fails them just before an at tack. That is, they do not really crave food but eat because it is meal time. If they will eat only a light meal and no meat, then take two of Chamberlain's Tablets the attack may be avoided. RKBSHHKKHKKKiSISBfS >8 PLEASANT VIEW HBRBKKHIRiKBHSKII Listen to the wedding bells ring ing in the air. Mrs. G. R. Nail of Nickwall visit ed at Wm. Baker's Thursday. Lee Burch was a Wolf Point visi tor Thursday. L. J. Duffy is busy hauling hay these days. Asa Turner hauled two loads of coal from the Watson mine the fore part of the week. Mrs. Thomas Moxness left for eastern South Dakota, to join her husband, where they will make their future home. Mr. and Mrs. W. S. Good and Wm. Good made a trip to Wolf Point the latter part of last week. day at Mrs. Molly Taliaferro's, ! Hodges' the fore part of the w'eek. Mr. and Mrs. Ed Gant spent Sun J, J. Beller was a caller at R. C. Mr. and Mrs. Russell Harmon, Mrs. Mollie Taliaferro, Mr. and Mrs. E. H. Taliaferro and daughter Ruth, Miss Mary Taliaferro, Otto Radke, George Good, W. F. Good, and Mr. and Mrs. W. S. Good and sons, were the guests of Mb. and Mrs. D. J. Lint ner Sunday. Don't forget the Federal Loan meeting at the Pleasant View school house Saturday, February 14th. one $ Us for /«iiiiii LÆ tag fV ; Oïl PRINTING Our plant it complete for everything you need in the line of printing and a*«ure you first grade work Hammermill «lock. A»k u* we can on THE POINT HERALD WOLF "Printers for the People" ss * I 3 I % 3 Lincoln % s I 5; % g t % g 5; % % t I a 3 ®ar r, :c 2 I I :c I i 3 I Lincoln's Birthday, February 12th 2 3 I "WITH CHARITY FOR ALL AND MALICE TOWARD NONE I 3 t fife I ;c ? ? ;c i g INCOLN was called to serve us in a great national crisis; he gave his life in that service. We pay tribute today to his memory; but we can do more than that. We can dedicate ourselves to an unselfish devotion; the aims he had for the good of all, not of a class, or a group or a section. : L 5; a « I 3 g I P I 3 Ç: % % 5; p 3 1 I I I 3 I 3 f. 3 K 3 % t 1 3 m 3 n I T H :: m It < « n □is i^vllrsvl.'^vl^viiüvlt Dollar* and Cent* Counting it only in dollars and cents, how much did that last cold cost you? A man may not always stop work when he has a cold, but perhaps it would be better if he did. It takes about ten days to get com pletely rid of a cold under the usual treatment. That time can be much Liberty Bond Holders 3 m 3 H 3 N m A \ 3 i 3 i 3 3 C* 3 3 tS m Leave Your 4 per cent and 41 per cent Coupon i I? 3 a I 1 Liberty Bonds With US for Exchange i % 3 ; e I i 3 r: |f % I :: Z S c 3 3 3 ;p || 3 , K g - Bank r: 3 ; 1 - ç 5 ) S % shortened by taking Chamberlain's Cough Remedy and proper care of yourself, in fact, a bottle of this rem edy in the house is a mighty good in vestment during. the winter and spring months. The state of New York has 80,000 s miles of public highway.