McCaffrey v. Gartley

I agree with the result reached in the Court’s opinion, but I would arrive at it by a different rationale of decision.

At the outset, I distinguish Farris ex rel. Dorsky v. Goss, 143 Me. 227, 68 A.2d 908 (1948). There, no emergency enactment of the Legislature was involved and, hence, Dorsky simply does not address the questions now confronting us: (1) whether the Legislature has power, in the face of a pending initiative, emergently to enact effective law substantively relating to the initiated bill and (2) if so, what is the resulting relationship arising between the effective law emergently…