The evening times. [volume] (Grand Forks, N.D.) 1906-1914, 1911-01-05

allows, and the remedy that the law
allows is an action in the court for
thei removal, which would be wholly
without effect In counties where the
officers refused to enforce the law be-
cause the law is unpopular.
II the governor is to be charged
with their supervision and must see
that officers perform their duties he
should be given the power to compel
them to perform their duties or to re-
move them from Office. The constitu-
ton that invests him with the exec
utive authority of the state and COM
mands him to faithfully execute the
laws intends that he shall have the
power to obey the command. It fur
Their intends that you shall give him
this power. 1t places on you this
moral obligation, not by implication
but expressly in section sc which
reads, the legislative assembly shall
pass all laws necessary to carry into
effect the provisions Of this constitu-
ton" If this provision stood alone
1t would be sufficient because It is
couched in mandatory language, that
Is, it is put in the form of command,
but 1t is strengthened and enforced
by section Fl which says, "the pro-
visions Of this constitution are man
datory and prohibitory unless by ex-
press words they are declared to be
otherwise" BY mandatory provision
the executive power is vested in the
governor, by mandatory provision he
is commanded to faithfully execute
the laws, and by mandatory provision
RI oil In
that are necessary to carry into eff
feet the provisions of the constitution
vesting the executive power in the
governor and commanding him to
faithfully execute the laws. If you
do not do this and the governor fails
In the execution Of the laws for want
OF power it will be your fault and
not his.
Section 1876 of the constitution pro-
vides that certain officials may be re-
moved by impeachment and it fol-
lows that such officials cannot be re-
moved in any other way. Section
1877 provides that all officials not liza
Bile to impeachment shall be subject
to removal for misconduct, malfeas-
ance, crime or misdemeanor in office,
or for habitual drunkenness or gross
incompetency in such manner as may
be provided by law. This clearly
gives you the right to provide by law
for the removal of all officers not liza
able to impeachment for the causes
mentioned in this section. The pres
ent law is grossly inadequate to car
ry into effect the provisions of the
constitution and l recommend the en-
actment of a law giving the governor
power to remove officers not liable to
impeachment for the causes mention
ed In section 1877, of the constitution.
Initiative and Referendum.
Upon this subject find in the Re-
publican platform of 1910 the follow
ing plank, viz: I'VE affirm our belief
in the wisdom Of the principles of the
iniative, referendum and recall, as
we'll as q stringent corrupt practice
law" Upon the same subject in the
Democratic platform Of 1910 appears
the following plank, viz: I'VE are in
favor OF the initiative and referendum
and recall" Both parties agreeing
and demanding the initiative, refern-
dunn and recall, and the Republican
party asking for the enactment of a
corrupt practice act. the people Of the
state must be in favor Of this legisla-
ton when 1t finds expression in the
platform Of both parties. If we be-
lieve in the theory that this is a gov
eminent of the people there ought
not be any objection to such legisla-
ton for it places the power of gov
erning right In the hands of the peo-
pie where It belongs. 1t gives the
people control not only over legisla-
ton, but over the officials az we'll,
Inasmuch as 1t is demanded in the
platforms Of the two great political
parties Of this state, the legislation
should be passed as a matter of course
In redemption Of the pledges made to
the people. I recommend the enact
mont of such legislation, including
the corrupt practice act demanded in
the Republican platform.
With every confidence that these
recommendations will receive fair
consideration and that those which
appeal to your good judgment will
meet with your approval, they are
most respectfully submitted.
John Burke,
Governor