Grand Forks herald., 1917-02-06
The second Of these plans is the


one which, according to early an
nouncements. was to be urged on the
legislature. Members were sounded
on this proposition, and were asked to
give their support to this plan. Later
this was abandoned in favor of the
first named plan, and House Bill "A
was the result. That having been de-
feated, something else will be attempt
ed. and the bosses may revert to the
second plan, which was formerly ia
vored. or they may adopt the third.
in the hope Of overcoming the objec-
tions of senators who objected to
House Bill 44 on the ground Of its
unconstitutionality.
1t is worth while to examine the
legal situation and see just where we
stand.
The constitution under which we
are now working, whatever may be its
defects is the supreme law of the
state. It was adopted. not by the
men who framed it, but by the peo-
pie Of the entire state, and as such 1t
is in full force and effect, in letter
and spirit until it is changed in reg
ular and lawful way.
The constitution provides specific
ally for its own amendment. 1t does
not make direct provision for gen.
eral revision. But as general re-
vision Is more important and moro
far-reaching than the making of a
single amendment. it is evident that
the provisions which are made for
obtaining a free and full expression
of the popular will at every step dur
ing the progress of an amendment
must apply with at least equal force
to q general revision.
An amendment is proposed by one
legislature and referred for further
action to the next. In the meantime,
the people have an opportunity to
study the matter which it is proposed
to submit to them. and they are able
to elect. as members OF the new legis-
lature, men who are informed as to
their opinions and who are in SYM
pathy with them, and the legislature
so composed then determines to sub
NIT or not to submit to final vote of
the people the amendment which has
been proposed.
1t will be seen that by this method
the people have an opportunity to
say, through the election of their
representatives, whether or not they
desire to have the proposed amend
ment submitted to them II they are
willing to haye II e,brpi%tad %boo +box,
vote on it and decide 1t on its merits
The first and second plans Of re-
vision mentioned above are in conflict
with the constitution because they do
not permit the people either to de-
clare whether or not they desire re-
vision or to select the agents by whom
the actual work Of revision is to be
performed. The third plan is also in
conflict because. while It provides for
the selection Of agents by the people.
it forces upon the people, without
their consent first having been OBJ
tained. constitutional convention
with all Its attendant expense. and a
submission Of revised version for
which there may or may not have
been a general demand
Whatever legal bubbles may be in
troduced in support Of the opposite
opinion, any plan which fails to pro-
vide first Of all for the submission to
tho people Of the question whether or
not a revision shall he undertaken.
violates the spirit and the intent Of
the constitution which was adopted
by the people of the state. and which
is the law OF the state until It is
changed