The pioneer express. [volume] (Pembina, Dakota [N.D.]) 1883-1928, 1908-09-25

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|tioA' g part 81 any NJ or llpsasnre
II - 4 ~ ths islativs asss,nhay
Tbs firss power reserved ~ The people
Is the iniative, and not moro than eight
per cent. 81 tho legal voters shall be- re-
quired to propose any measure by ini-
tiative petition, and every such petition
shall include the full text Of the meas
ure 50 proposed, but the same constitu-
:tional amendment shall not be pro.
posed oftener than once in ten years.
Initiative petitions shall be fled with
the secretary Of state not less than
thirty days before any regular session Of
the legislative assembly. He shall
transmit the same to the legislative as
semblyas soon as it convenes. Such
initiative measures shall take prece.
dence over all other measures in the
legislative assembly except appropria-
ton bills, and shall either be accepted
or rejected without change or amend
ment by the legislative assembly within
forty days. If any such initiative
measure shall be enacted BY the legis-
lative assembly it shall be subject to
referendum petition or it may be re-
ferred by the legislative assembly to the
people for approval or rejection. II it is
rejected or no action is taken upon it by
the legislative assembly within said
forty days, the secretary of state shall
submit it to the. people for approval or
rejection at the next ensuing general
election. The legislative assembly may
reject any measure SO proposed by mi
tiative petition and propose different
one to accomplish the same purpose, and
in any such event both measures shall
be submitted by the secretary Of state
to the people for approval or rejection
at the next ensuing election. II con-
ficting measures submitted to the peo-
pie at the next ensuing election shall be
approved by majority of the votes
severally cas-. for and against the same,
the one receiving the highest number of
affirmative votes shall thereby become
valid and the other shall thereby be
rejected.
The second power is the referendum,
and it may be ordered Except as to
laws necessary for the immediate
preservation of the public peace, health,
or safety as to any measure or any
parts, items or sections of any measure
passed by the legislative assembly,
either by petition signed by five per
cent. of the legal voters or by the legis-
lative assembly if majority OF the
members-el vote therefor. When it
is necessary for the immediate preseva-
ton of the public peace, health or safe.
ty that a law shall become effective
without delay, such necessity and the
law creating the same shall be stated
in one section of the bill, and il upon
aye and nay vote in each house two.
thirds of all the members elected tc
each house shall vote on separate roll
call in favor of the said law going into
instant operation for the immediate
preservation of the public peace, health
or safety, such law shall become opera
tive upon approval by the governor.
The fling of referendum petition
against any one OF more items, sections
or parts of an act shall not delay the
remainder of that act from becoming
operative. Referendum petitions a.
gainst measures passed by the legisla.
tive assembly shall be filed with the
secretary of state not more than ninety
days after the final adjournment of the
session of the Legislative assembly
which passed the measure on which the
referendum is demanded. The veto
power of the governor shall not extend
to measures referred to the people.
All elections on measures referred to
the people of the state shall be had at
biennial regular general elections, ex-
cept as provision may be made by law
for special election or elections. Any
constitutional amendment or other
measure referred to the people shall
take effect when it is approved by a
majority of the votes cast thereon and
not otherwise, and shall be in force
from the date of the official declaration
of the vote. The enacting clause of all
initiative bills shall be "Be it enacted by
the people of the state of North Dako-
ta." This section shall not be construed
to deprive any member of the legislative
assembly of the right to introduce any
measure. The whole number of votes
cast for justice of the supreme court at
the regular election last preceding the
filing of any petition for the initiative or
for the referendum shall be the basis on