The evening times., 1911-03-20

6lBM0FCk, M2TCn SU.-i0VoIQOr
Burke hAs approved Of the board Of
control bill for charitable, reforma-
tory and penal institutions, although
he declares z part Of the measure un-
constituionAl. Following IL his mes
sage on the subjsct:
To The honorable, the secretary Of
state: / Ole herewith house bill No.
271, entitled m act to create . state
board Of control and provide for the
management and control Of the char
table. refornatpry and penal insti-
tutions Of the state and to make an
appropriation therefor, and for the
defining Of certain offenses and pro.
viding penalties therefor.
l approve this bill for the reason
that am of the opinion that After
such portions OF the act as are un-
constitutional are stricken out, there
will still remain good law that can
be enforced
Section / of the act provides that
"the members Of the board Of con-
troll shall be electors Of the state,
two Of whom shall be Of the political
party having a plurality and one Of
tho political party having the next
highest number Of members In the
legislative assembly. and the board
shall at all times be. subject to such
limitations and restrictions" This
provision violates two sections Of the
constitution. viz. section 211, which
reads .s follows:
Members OF the legislative as
:" sembly and judicial >partments.
except such inferior officers as
may be by law exempted, shall
before they enter on the duties of
their respective offices take and
subscribe to the following oath or
affirmation Il do solemnly swear
Tor affirm ,ss the case may be-
that l will support the constitu-
tion of the United States and the
constitution Of the state Of North
Dakota: and that I will faith
fully discharge the duties Of the
once of...... according to the
best OF my ability. so help me
Cod" (if an OATH, (under pain
and penalty Of perjury. IL an at-
flrmation). and no other oath
declaration or test shall be re-
quired ss a Qualification for any
office or public trust. '.t'
and that part Of section 20, which
ACo0S op AO1iOW6S Ntb.s k1OI Ou2dl 0Ay
citizen or class Of citizens be granted
privileges or immunities which upon
the same terms shall not be granted
to all citisens."
Section 211 OF our constitution 10
exactly the same a. the constitution
Of Michigan on the same subject and
was construed by the supreme court
OF Michigan In the. case ,.pf the at
torney general vs. board Of council
men Of the city OF Detroit, SO Mich,
213, and the statute under considera-
tion in said case provided for the
board Of commissioners to appoint
ward registers and inspectors who
were to perform the duties formerly
imposed on the boards made up Of
aldermen and their appointees OF per-
sons elected by the voters. The board
thus provided for 10 required to be
composed Of four members, resident
electors Of the city, aud two members
thereof to be from each of the two
leading political parties IN the said
city. and are required two weeks be-
fore the time hxed by law for the
meeting OF the boards for. registra-
tion Of voters. to appoint two qualified
electors from each voting district
from each of the two leading politi-
cal parties in said city to act as reg
listers end formulate district board
of registration. Campbell, J., con-
STRUNG this act in connection with
the constitution. said:
And Il would be entirely mean
fngless II the voters choice Of
candidates. for any ONCE must be
made from any particular party
or number Of parties, but the