Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1914-10-21
Celebrate biflhday Of State

Leicbldle DIlnudy Vi Sldll
CONTINUED from Page Onet
how the city appreciated the oppol
tunity to entertain them upon this OF
casion, and spoke Of some OF his oxl
experiences in the work OF the state
Governor Hanna welcomed the Wis
ttors in behalf Of the state white Hon
j. L. Worst responded to The welcon,
extended by the city of Bismarck
Many interesting things were told
inciden-s unknown to those who were
not actively interested in the conven
ton The address given by Chief
Justice Spaulding was especially in
teresring- He took UP the work OF
the convention, telling Of some of the
questions it faced and commenting on
the satisfactory results obtained. He
told Of the consideration Of the Ques
ton OF woman suffrage, the discus
slols upon the mater OF railroad leg
islation, and many other of the big is
sues that came before the convention
Important Work.
The members of North Dakota's
constitutional convention were stud
ents ct history said The speaker
Before they took up their work OF
drafting L state constitution, they
studied carefully the constitutions OF
other states and the results which
had been obtained. They considered
carefully the provision of the national
constitution, and sought to embody in
North Dakota's constitution all those
provisions which would work for the
speedy development OF the staf-e and
secure stability for the state govern.
ment- They soon saw the absolute
necessity of the distinct separation
OF the different branches of the gov
ernnentr so this system of checks and
balances was provided for here, with
the executive, legislative and judicial
departments distinct from each other.
We sometimes hear the argument
that a constitution is unnecessary to
STATE government, that no court
should exercise the power OF decid-
ing the validity of laws passed by leg.
islators, who are the agents of the
sovereign people of the state. Two
illustrations will serve to prove the
necessity OF a constitution, the neces-
sity of n department acting as a
check upon another.
One provision of the constitution
is that every law passed by a legis-
must have a title which is q
clear index to the provisions OF that
law, SO that the people in general will
find it easy to understand exactly
what the law provides for. Suppose
the legislators to pass a law,
and give a title which misrepresented
the real provisions of the law. The
law would be taken before the court,
and it would be declared invalid be-
cause it would be misleading to the
voters of the state. Without a con-
st1rution and the power of the judi.
oial department, this law would stand
and the people of the state would be
nisinformed. 1t were better that we
temporarily do without laws, If they
are misleading and misunderstood.
legislature can pass them af-
Ter they are understood by the peo-
pie.
Another Illustration can be found
IN that part of the constitution which
provides that the legislature cannot
pass special Legislation of certain
kinds, such as granting a divorce.
Such laws can be passed by some
but not in North Dakota. With
out a constitution here, such laws
could be passed, involving many ques-
ions of property %owenrship which de-
1ends upon the validity Of the decree.
Jul constitution, the court
would Immediately declare the law in
yalid.
Has Stood the Test.
Few amendments have been plac-
upon North Daiota's constitution
and no constitutional convention has
1een hald to draft a new charter for
his state. This proves the value OF
North Dako.a's constitution, the sue
Tess the men of the first constitution
II convention achieved in their work"
Judge Spaulding commented brief
on the struggle now going on in
Europe, and discussed the probabili-
lies of the formation of an United
States Of Europe. He pointed to the
achieved in this state in Sc
harmony and understanding in
with many nationalities, as
of his opinion that such a
government could be successfully es
.ablishad in Europe.
At the close of Judge Spaulding's
ak, the audience rose and stood sill
emily for a minute, in respect to those
of the constitutional con-
vino have passed away.
Constitution Signed.
One of the most interesting single
Incidents OF the day, occurred when
he state constitution was signed by
OF the men that took part in the
CONVENTION which drafted it. This
signature is the last which will ever
,e placed upon that document, for it
,ompletss~the list of those who DELHI
rated upon the provisions contained
n the constitution.
When the constitution was complet-
ID, there were. of course, a good many
members of the convention who did
lot approve Of it as a whole, and
therefore, refused to sign it. In afteri