Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1911-03-18

Five more bills were vetoed by the
governor Friday afternoon.
The Hoge primary election bill
which provided for changes in the
percentage cause was vetoed, and the
following veto message will explain
the bill and the reasons for vetoing:
Bismarck, March II, 1911.
VETO.
To the Honorable, the Secretary OF
| State:
l file herewith
House Bill No. 26o.
An act to amend section IL, chap
ter 100 of the laws of 1907, entitled
an act providing for the selection Of
candidates for election by popular
vote and relating to the nomination
and the perpetuation of political par.
ties, and relating particularly to the
percentage Of votes required to NOM
mate candidates.
without my approval, for the reasons
following:
Section IL of chapter 100 of the
laws of 1907 contains the following
provisions:
II the total vote cast for any party
candidate or candidates for any Office
for which nominations are herein pro.
vided for, shall equal less than thirty
per cent Of the total number of votes
cast for secretary Of state of the pO-
litical party he or they represented at
the last general election, no nOmina-
tinp,c chnN IN Srn ha& nuk1 a.
such Office"
In the case OF State ex rel Dorval
vs.. Hamilton, 1923 N. w. Rep. 619, the
supreme court of our state construed
this provision as an "arbitrary, un-
natural, unreasonable and therefore
unconstitutional provision"
This provision is amended by House
Bill No. 260, as follows:
IF the total vote cast for any party
candidate or candidates for any office
for which nominations are herein pro.
vided for, shall equal less than twen-
ty-five per cent of the average mum.
Der Of votes cast for governor, secre.
tary of state and attorney general
of the political party he or they repre-
sented at the last general election, no
nomination shall be made in that par.
ty for such Office"
In this act the legislature provides
that the percentage shall be based up
on the average number of votes cast
for a group of candidates, but they
have selected a group that would
bring the average up much higher
than the percentage required by the
law that was held unreasonable, and
therefore the percentage required by
this act is unreasonable, unjust and
unconstitutional under the decision
referred to.
(signed) JOHN BURKE,
Governor.
There having been two appropria.
ton bills passed for the university,
the house bill was vetoed and the
senate bill passed, and the following
message accompanied the bills back
to the secretary of state:
Bismarck, March II, 1911.
To the Honorable, the Secretary of
State:
file herewith
House Bill No. 81.
An act to appropriate money for
maintenance, equipment and perma-
nent improvements at the State Uni
versity of North Dakota.
without my approval, for the reason
that it appears on it's face to be a
duplicate of Senate Bill No. "a, which
appropriates $147,200.OO for mainten-
ance, equipment and permanent i'm
provsments at the State University,
and which act, viz, Senate Bill No.
"a, has been duly approved.
(Signed) JOHN BURKE,
Governor.
H. B. No. 215, defining the boundar-
les OF the Fifth judicial district, was
also vetoed for the reason that the J
bill was passed with the idea that !
there would be another bill passed |
creating another district out of the !