The evening times. [volume] (Grand Forks, N.D.) 1906-1914, 1908-10-03
UNIVERSITY
measure passed by the legislative as

measure passed by the legislative as
sembly.'
1T will be notice! that this Tesoiu-
ton applies to constitutional amend
ments as well as to ordinary legisla-
ton. The present method of amend
Ing the constitution is described at
section 202, and providesj that an
amendment may be proposed in either
house Of the legislative assembly, and
II agreed upon by majority Of the
members OF each house, that it shall
be entered on the journal Of each
house with the yeas and nays taken
thereon and referred to the legisla-
tive assembly to be chosen at the next
general election, and if the majority
OF the legislative assembly so chosen
shall agree to the proposed amend
ment, then 1t shall be the duty Of the
legislature to submit it to the people
for ratification or rejection by the ma
jority OF the electors This section
OF the constitution is not repealed by
this proposed amendment, but still
remains, the people merely reserving
the power to initiate and carry
through amendments on their own
account
TO initiate any measure, including
constitutional amendments, petition
signed by not more than s per cent
OF the voters, may be filed in the Of
nee OF the secretary of state thirty
days before the converting of the legis-
lative assembly, the basis of compu-
tatton being the number of votes cast
for a judge of the supreme court at
the last preceding regular election.
1t then becomes the duty of the sec
rotary to submit it to the legislature
at the opening of the session and the
legislature must enact or reject it
without change within 40 days. The
governors veto power does not apply
to such measures. If the measure is
enacted, 1t becomes subject to refer
endum upon the petition OF per cent
OF the electors on the legislative as
sembly Of its own motion may .efer
1T to the people. If it is rejected or
not acted upon within 40 days, it be-
comes the duty of the secretary of
state to refer it to the people for their
action at the next ensuing general
election. II 1t is then adopted by
majority Of the voters, 1t becomes a
law. or in case of constitutional
amendments, a part of the constitu-
ton, Notwithstanding the unfavorable
action OF the legislature. Thus 1t is
proposed that We shall dispense with
the representative system Of lawmak-
ing and make the laws ourselves d.
.rectly. This comes pretty close to
pure democracy. Indeed, the measure
provides that the enacting clause of
all initiative bills shall be be It en-
acted by the state Of North Dakota
instead of "be it enacted by the leeis-
lative assembly Of the state of North
Dakota according to the present con-
stitution.
Under the referendum clause. u,on
petition signed by per cent of the
electors, any measure or part of a
measure must be submitted to the
people at the next regular election
or at special election provided by
law. The legislature may also, by a.
majority vote in like manner refer
any measure. This provision applies
TO an laws except those necessary
for the preservation Of the public
! peace, health or safety, which may
be made eftectuaf by the assembly
oy a tWo-thirds nay and yea vote
Considering this claim as applied
| " oiu1uoi! fCuIIcuI leSlSldIlOn, what
shall we say about it? Given a peo-
pie such as ours there should be no
danger in its application, for, as a
people, we are in general, conserya-
tive, economical and wise in the man
agement of our public affairs. It
would surely prove cure for job
berry. or favoritism in legislation. Its
exercise should be great educative
force among the masses and should
stimulate the sense of responsibility
of the citizen to the state. In some
instances, the people might be found
apathetic but with vigilant press, in
terest in every important measure
would be aroused. The danger would
probably lie in the other direction: of
the majority being carried away by
impulse or passion. But even that is
not likely to prove real danger. On
the whole, 1t seems safe to conclude
that the effect of the existence of the
power more than its actual exercise.
would have a wholesome influence
upon legislation.
Therefore, to the extent that this
resolution and proposed amendment
applies to the ordinary legislation. I
believe that it should be adopted.
The Constitution.
| "a somewhat different phase of the