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he is not subject to arrest or punishment excepting by the house itself.

Law in Effect. Ordinarily a law does not go into effect until ninety days after the legislature adjourns. This is to give the people time to learn what laws have been passed. When it is very important that there be no delay and it is desired to have a law go into effect at once, if two-thirds of the members elected to each house are in favor of it an emergency is declared to exist and the law goes into effect as soon as it is approved by the governor. A long delay may be brought about by the use of the referendum.

Initiative and Referendum. At the beginning of this chapter it was stated that there are two ways of securing laws in South Dakota. We have studied the legislature and its work, now let us see how the people may secure laws by another method or may disapprove of laws passed by the legislature.

If the legislature does not pass a law that is desired by the people, a petition containing the proposed law may be signed by five per cent or more of the voters and the legislature must provide that the proposed law be submitted to a vote of the people at the next general election. Any person or group of persons may prepare the petition and write out the proposed law. The first part of this process, the proposing a law by five per cent of the voters, is called the initiative (Lat. initiare, to begin). The second part, the referring of it to the voters, is called the referendum (Lat. re, back + ferre, to carry). The legislature should pass a law and before the law goes into effect a petition signed by five per cent of the voters is presented to the secretary of state asking that the law be submitted to a vote of the people, the law does not go into effect unless it is approved by the voters at the next general election. If a majority of those who vote on the

law are in favor of it, the law goes into effect, otherwise it does not. By means of the referendum a good law may be kept from going into effect until the next genera! election, usually a year and a half after it is passed, if five per cent of the voters sign a referendum petition for it. As there are some laws which should not be delayed, the constitution provides that the referendum shall not be applied to "such laws as may be necessary for the immediate preservation of the public peace, health or safety, support of the state government and its existing public institutions." "The enacting clause of all laws approved by a vote of the electors (voters) of the state shall be 'Be it enacted by the people of South Dakota.'" The initiative and referendum may be applied in a similar manner by voters in a city to actions of the city council or commission.

To Amend the Constitution. While, on the whole, our state constitution is good and we are well satisfied with its principal provisions, it is far from perfect, and so from time to time portions of it need to be changed. Two steps are necessary to amend the constitution. (1) The legislature may propose an amendment. (2) At the next regular election the proposed amendment is voted upon and if it is approved or ratified by a majority of those who vote on the amendment it becomes a part of the constitution.

QUESTIONS.

PREAMBLE. Repeat the preamble to the constitution of South Dakota; of the United States.

THE STATE LEGISLATURE. What two methods are provided in the constitution for securing laws? Which method is usually followed? Of what does the legislature consist? How often does the legislature meet? Where does each house meet? When do the regular sessions begin?

THE SENATE. How small may this body be? How large? What has usually been the number? What caution is given concerning confusion with the United States Senate?

THE HOUSE OF REPRESENTATIVES. body be? How large?

How small may this

LEGISLATIVE DISTRICTS. How often must the legislature divide the state into districts for electing senators and representatives? Why is this done? Why is the census taken? By whom? In which senatorial district is your home? How many senators are elected in this district? In which representative district is your home? How many representatives are elected from this district? When will the legislature again district the state? Why is the census taken? When? QUALIFICATIONS OF MEMBERS. To be a senator or representative, what six qualifications must one have?

TERM AND VACANCIES. What is the term of a senator or representative? When are they elected? When does the term begin? How may a vacancy be caused? How filled?

SALARY. What is the salary of a member of the legislature? Mileage?

SESSIONS. What is the length of a regular session of the legislature? What exceptions?

OATH. What oath is taken by members?

CONTESTS. What is meant by a contested election? How

settled?

QUORUM. What is meant by a quorum? What number constitutes a quorum of each house of the legislature?

PRESIDING OFFICER OF THE SENATE. Who is the presiding officer of the senate? How chosen? His salary? When does he vote in the senate? Term? What is the president pro tempore? How chosen? How is the presiding officer of the senate addressed? Name the other officers and their duties. What is an engrossed bill? An enrolled bill?

OFFICERS OF THE HOUSE OF REPRESENTATIVES. Who is the presiding officer? Give the origin of the term. How is he addressed? What other officers has the house of representatives?

RULES OF THE SENATE. What are the senate rules concerning (1) journal, (2) punishment of members, (3) call of senate, (4) amendment of bills, (5) reading of bills?

RULES OF HOUSE OF REPRESENTATIVES. What are the house rules concerning (1) call of the house, (2) the putting of a question, (3) the yeas and nays? Name and explain the three methods of voting.

JOINT RULES.

How are all communications between houses carried on? What is a conference committee? Tell about the enrollment of a bill. Explain what is done with an enrolled bill. Who presides at a joint meeting of both houses?

ORGANIZATION OF LEGISLATURE. When does the legislature meet? Where? What are the rooms called in which the two bodies meet? In organizing, what is done first? What next? Explain the further proceedings.

GOVERNOR'S MESSAGE. What does the governor include in his message? Who are present when it is read? Where?

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COMMITTEES. Name some of the principal committees. How are they chosen? What are their duties? What is the "committee of the whole?"

HOW A BILL BECOMES A LAW. What is a bill? Who may introduce one? What is meant by "framing a bill''?

FORM OF A BILL. What are the four necessary parts of a bill? THE USUAL STEPS. Name all of the steps by which a bill becomes a law.

Name some of the
What is an ex post

POWERS DENIED THE LEGISLATURE. special laws which the legislature may not pass. facto law? Give an example. What other powers are denied the legislature?

IMPEACHMENT. Who may be impeached? What is impeachment? Who may pass a bill of impeachment? After an officer has been impeached, where is he tried? What punishment may be inflicted by the senate?

PRIVILEGES OF MEMBERS.

members of the legislature?

What two privileges are given

LAW IN EFFECT. Ordinarily, when does a law go into effect? Under what conditions may a law go into effect at once?

INITIATIVE AND REFERENDUM. Carefully explain the initiative and referendum.

TO AMEND THE CONSTITUTION. What two steps are necessary to amend the constitution?

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CHAPTER X

THE EXECUTIVE DEPARTMENT

"Rulers are not a terror to good works, but to the evil.”

Elective Officers

Governor. The governor is the principal executive officer of the state. South Dakota has always chosen for this high office men of noble qualities and pure lives, men who have been an honor and credit to this great state.

Term and Qualifications. The governor is elected by the voters of the state for a term of two years. He may be re-elected any number of times, but it is customary in this state not to elect the same person for more than two terms. To be governor one must be (1) a citizen of the United States, (2) a voter, (3) at least thirty years old, and (4) must have lived in the state two years next preceding his election. During the term for which he was elected governor he cannot hold any other office.

Powers and Duties. The duties of the governor are summarized in these two provisions of the law: "He shall supervise the official conduct of all executive and ministerial officers. He shall see that the laws of the state are faithfully and impartially executed.”

He is commander-in-chief of the state militia,* except

*The unorganized militia consists of all able-bodied male citizens who are residents of the state and are between the ages of eighteen and fortyfive. The organized militia is known as the South Dakota state guard and its officers and members have an annual encampment at Lake Kampeska, near Watertown. The governor appoints an adjutant general, who has active charge of the state guard, inspecting companies, supervising their drill, taking charge of their equipment, etc. His military rank is brigadier general. The assistant adjutant generals have the rank of colonel and the chief officer of each company has the rank of captain.

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