Legal Opinion · Dissent

Johnson v. Diefendorf

Idaho Supreme Court

Decided May 1, 1936No. 6300Published

1Dissent

GIYENS, C. J.,

Concurring in Part and Dissenting in Part.- — I concur except as to the discussion of the effective date of an emergency statute after a referendum petition has been filed, etc.

At common law statutes generally became effective from the opening day of the legislative session, which rule was never generally adopted in this country where statutes were generally considered as effective from the date of their passage and approval, and also it was universally recognized that the legislature had the right and power to fix in the statute itself the effective date. (59 C. J. 1137, 1148;…

2Cases cited7 opinions

  1. Idaho Power & Light Co. v. BlomquistIdaho Supreme Court · 1914
  2. Peavy v. McCombsIdaho Supreme Court · 1914
  3. Gillesby v. Board of County CommissionersIdaho Supreme Court · 1910
  4. Bannock County v. Citizens Bank & Trust Co.Idaho Supreme Court · 1933
  5. Fralick v. GuyerIdaho Supreme Court · 1923

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