Page:North Dakota Reports (vol. 48).pdf/479

 the bill was amended so as to change its original purpose, contrary to §§ 58 and 61 of the constitution. There are several other similar sections which relate not to the actual passage of bills, but to the manner of passing them. Thus it is provided:

§ 63. Each bill shall be read three times, but the first and second readings, and those only, may be on the same day.

§ 66. The presiding officer of each house shall, in the presence of the house of which he presides, sign all bills and joint resolutions.

Those are merely rules of procedure addressed to the legislature, and all such rules are habitually disregarded, and though the constitution declares that all its provisions are mandatory, it does not in substance or effect provide that any statute shall be held void because of a failure to observe the constitutional rules of procedure. It is true that because of such failure the courts have often assumed the power to declare statutes void, and because of that arrogant assumption we have the recent amendment, that: “In no case shall any legislative enactment or law be declared unconstitutional, unless at least four of the judges shall so decide.” That amendment is a rebuke to the courts having gone too far in declaring statutes to be void because of defects in the title or the procedure. Now if the courts do persist in declaring such statutes to be void, we may look for an amendment that no court shall have power to declare any statute void. Each member of the legislature, as well as each judge, takes an oath to support the constitution of the state and faithfully to discharge the duties of his office. In their official action, and especially in matters of procedure, the members of the legislature may err, and so may the judges. Neither is infallible. Neither has a right to assume all wisdom or to impute to the other bad faith or a want of common sense. Manifestly it is in no way seemly or proper for a justice of the peace, a trial judge or even a majority of the Supreme Court, to override and declare void a statute passed by the unanimous vote of the legislature, and pursuant to a great popular demand, because forsooth of a mere procedural defect in the passage of the bill. Certain it is the constitution was not framed or passed with a view to annul such acts. It was framed and submitted in 1889. The framers were men of such capacity as are commonly sent to the legislative assembly, and they did not assume to know it all or to declare that any statute should be held void unless passed in a particular manner. Indeed, the fair inference is to the contrary, because while the constitution gives the above and several other rules of procedure, it expressly declares: