Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1916-04-12
WHY THE INITIATIVE
AMENDMENT TO STATE
CONSTITUTION NOT OP-
ERATIVE At PRESENT

Under the initiative amendment
as applied to the constitution,
these features stand ou!:
The law does not fix a method
of filling the petitions.
The law does not fix the per-
centage of voters that must be
signed up.
No provision is made for pub
Iication Of proposed amendments.
No state official is empowered
or directed to perform any act in
connection with the initiation .of :,
ar,s amendment.
No offer is empowered to place
a proposed amendment on ballot.
No provision is made by which
the law is made seIf.operative-
as is the case with the statutory
initiative referendum features.
These proposition were called tc
the attention Of The Public today by
Robt. Blakemore, city commissioner
and former member, Of the state legis
latlire and who, during his term OF
service in that assembly, devoted nc
little attention to the initiative and
referendum proposition. .
Mr.. Blakemore makes the following
points to bear out his contention that
no initiatory movement can be pre-
sented to the people at this time.
Intent Of Legislature Clear.
That the legislature intended, when
it passed the two separate initiative
and referendum acts-one applicable
to statutes and the other applicable
to the constitution-that the legis
lature should provide machinery tc
govern an initiative movement, is
clearly indicated by comparison OF
the two measures.
The initiative and referendum as
applied to statutes carries the follow.
ing provision.
"This amendment shall be self
executing, but legislation may be en-
acted to facilitate it's operation"
No such provision is made in the
amendment to the constitution gov
erning the initiative of future amend
ments to the constitution.
Up to the Legislature.
Not only does the constitutional ini
tiative amendment fail to provide
for the self operative feature-but it
expressly provinces that the legisla'
ture shall provide the machinery to
make it operative.
Such provision is made in the sec
ond article of section 202, of the con
stitution, as amended, as follows:
when such petition has been prop
erly filed the proposed amendment oi
amendments shall be published as the
legislature may provide
The 1915 legislature made no pro-
vision for such publication.
Percentage Mere Restriction.
Again, the constitution, as, amend
ed, says:
"Any amendment or amendments
to this constitution may also be pro
posed by the people by the filing with
the secretary of state, at least six
months previous to the general elec-
ton, or an initiative petition of at
least 25 per cent of the legal voters
in each OF not less than one-half OF
the counties of the state"
The amendment does not give the
secretary Of state Cor anybody else)
authority to submit to vote, any
AuCdoulC tudL may NC AAIIAoIS" vi q
Is per cent vote.
The constitution simply fixes 25 per
cent as the minimum petition that
may be required by the legislature in
any measure that it might have pass
ed to govern al initiative constitu-
tiOnal amendment election.
That the legislature did not intend
to make the 25 per cent feature oper.
ative through the amendment only, is
illustrated by comparison, with the
provision for the referendum of sta.
tutes-a portion of the amendment re.
lating to the statutes, and which is
self-operative, as expressly provided,
being as follows: amy measure or
any parts, items or sections of any
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