Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1913-01-23
tive Hendrickson, who introduced the
,measure, recommended that when the
committee arise it should recommend
that the bila nass.

08SNVO p. -st.
Representative Campbell asked to
have the bill read, and when this was
done lie declared that shonids the bill
receive favorable consideration II
Wo'.lh bring ab0ut a condition not *
listing In another state in the Union.
All other states recognize a majority
decision he declared, and i'm this man
ner some of. the beat decisions that
ever have been made have been hand,
ed down; decisions that viii live Tor
ever. fte Nh 81 ll
He insisted that under the present
lEncthod in North Dakota practically
AN supreme court decisions have been
unanimous, the only instance in
| which a majorfty decision was hand
ed down having been in the case of
the 80 per cent clanae III the primary
election law, and on that occasion the
people we're given a decision that
they had clamored for, and they were
| we'll satisfied. YAH
He suggested the dangers of such
q law i'm the event that an inc0mpet.
emit man should be named to the SUI
prene court bench, and declared that
such a MAJ would he in a position to
interfere with the entire operation OF
the highest judicial body in the
state. .. aass
He referred to the supreme court
of the state Of North Dakota as one
Of the best, most conservative and
able courts in the country, and out or
regard for the members of that body
ne hoped the report OF the committee
on Judiciary would fbe sustained.
Speaker Frame Talks.
Speaker Frame, as a nenber of the
house, arose in support OF the prOpOs-
ed measure, declaring that it in no
manner reflected upon the supreme
court, but that it represented merely
a guard for the peoples laws, enact
ed by the state legislature. Il think
the laws should remain intact until
they are declared unconstitutional by
unanimous verdict" he declared.
Representative Streeter also sup
ported the proposed measure, saying
that it appealed to him as one of the
best propositions that has come be-
fore the state legislature since he
has been a member.
"Whenever there is a question as
to constitutionality," he said, I'VE
should demand that it be SO clearly
unconstitutional that all a e it In
one light" .. i
< Divet Defends Action.
Tho action of the committee ON ju-
dietary was defended by Chairman
Divet of that committee.
81 had hoped that a situation might
not develop here to make me come
too prominently before the members
in advocacy for or against my meas
We," he said. "But it seems to- me
that it is time / should come to the
defense Of the action of the judiciary
committee" III,
Mr.. Divet termed the bill wrongly
defined, lilly devised and poorly
drawn and most inopportune for con-
%sideration at this time. Referring to
the proposed measure of Mr.. Blake
more as radically different from the
bill under discussion, he declared
that it is to he preferred to the bill
under consideration. ~
1 uOl = '"dIIC'lt W 01t1ItdI ClIut tIC
Judiciary committee I'M out with an
axe after bills just to see the blood
splash" he said. But some bills pro
posing amendments To- the constitI.
ton are so lily considered that l am
reminded OF a man who would APP
Mroach a checker board and, regard
less Of the relative value of every
other man on the board, would make
one inconsiderate move with the man
in hand" I'LL. 80
ITO He'll With Constitution" ..
There are a great many people
who don't like the constitution at
ALL" he. said, and quoted the remark
of Gov. Blease Of South Carolina:
'"To hell with the constitution"
"lt's an institution we have with
us, nevertheless" he said, land as
long as we are going to keep a consti-
tuition, for Gods sake let's keep it SO
it will work"
Mr.. Divet gave several illustra-
tons of the manner in which he
charged the proposed bill would inter-
fere with the successful operation OF
the supreme court, and declared that
it would tend to unsettle instead OF
settle right. ""The people should an-
,proach that kind of a question more
conservatively, and know what they
are doing when they so about it," he
said.
,a Representing the People.
Representative Johnson, arose in
support of the proposed bill, and stat
ed that while the house had been
highly entertained by the address of
the gentleman from Richland, he aI-
parently misunderstood the question,
which is mot to determine nov Wheth-
er or not such a law shall go into
effect, but to submit the proposition
to the people.
~ wonder if he doesn't forget that
he is a representative Of the people
who sent him here?" he queried, and
he advised the members to keep
level heads and not to become cOnfls-
ed by legal argument.
Constitutional Convention.
Representative Lambert expressed
the opinion that a mistake had been
made by the introduction Of the pro-
POSED bill, and declared that he
wouldn't feel that he was being fair
to his constituents if he didn't ex.
press his convictions.
eff the constitution is not what you
think it should be" he said, why
don't you introduce a bill calling for
a constitutional convention, and let
fl,o rjn,r noNnlo onma ar, ond t~noln