The evening times. [volume] (Grand Forks, N.D.) 1906-1914, 1911-12-19
APPROPRIATION FOR
NORMAL SCHOOL
IS GOOD
The Supreme Court Holds on
That Question AS Well
AS Other Point

That the appropriation made for
the MinOt normal school is valid Is
the holding of the supreme court. de-
cision on that point being made in
connection with the decision of Mon
day afternoon to the effect that the
correct
The syllabus of the court follows:
The State OF North Dakota, ex rel.
Andrew Miller, attorney general of the
state of North Dakota, plaintiff. vs..
f. j. Taylor, Martin jacobson. frank
A. Wilson. II. A. Nelson, r. ii. Rich
worth, Hugh Mcdonald INT S. II. Tay-
school trustees and Gunder Olson as
treasurer Of the state of North Da-
kota. defendants.
1. When the meaning of words or
terms employed the constitution is
uncertain or ambiguous, resort may
be had to the debates of the conven-
ton which framed and submitted the
constitution. as an aid in determining
their meaning; and for the same pur-
pose the Interpretation placed upon
such provisions by several sessions of
the legislative assembly and the peo-
PIE in voting thereon is entitled to
great weight and the intent, if it can
be gathered from such proceedings,
without doing violence to words en-
ployed. is controlling.
2. Article is of the state consti-
tuition provides the only method
named in the constitution for making
changes therein. towit: that any
amendment or amendments thereun-
to may be proposed in either house of
the legislative assembly, and if agreed
to by a majority Of each Of the two
houses, it or they may be referred
to the next legislative assembly when
it is agreed to in the anne manner,
1t or they shall be submitted to the
people for ratification or rejection.
Article 10 of the constitution To-
Gates the public institutions of the
state and among others, two state
normal schools. Appended to such
no other institution of a character
similar to any n of those located
therein shall be established or MAIN
tanned without revision of such con-
stitution. Held. that the meaning or
purpose of such proviso is to prohibit
the legislative assembly from locating
II similar additional institutions
and that in the light Of debate the
constitutional convention. the action
OF several legislative assemblies, and
the votes of the electors of the state,
as we'll as the spiritrof the constitution
and h fact that the words revise and
arc popularity. and often in a
lesdl sense, employed S~ynOnymOuSly
said article ~ may be amended os as
to provide for tho location OF 'addi-
tional similar institutions by the meth
cd per article Is and submitting and
adopting amendments to the consti-
tuition.
:: The appropriation. made by
chapter 90. laws Of 1911. page %. for
the erection of normal school build
ings and providing for furnishing and
maintenance thereof. at Minot. is not
rendered invalid by the nroviso as
contained to the effect that none, of
the sums appropriated shall become
available unless tho citizens of Minot
shall donate to the state a suitable
location and site for surh school.
(%Syllabus by the court.)
Original application by tho state on
the relation "f the attorney general,
for an Injunction permanently re-
straininE the state board Of normal
schools trustees from csta blishing and
maintaining a state normal school at
the city of Minot. inc the state treas
urer from paying out the money to
therefore,
Denied and temporarily order
quashed.
Opinion of the court by spalding.
e. r.