Grand Forks herald., 1917-01-24

North Dakota. as certified to the SUI
preme court by the speaker and the
chief clerk Of the house, by q ma
jority vote, and its submission an
therein provided for. be a legal and
constitutional submission to the people
Of the state Of proposed new con-
stitusion, revised &C constitution ats!9..,.. or
which if adopted at an election as
therein provided for will make the
provisions of said House Bill forty
four the constitution of the state Of
North Dakota as therein provided,
superceding and replacing the present
constitution and the several amend
ments thereof"
Second: will the said House Bill
number forty-four il passed by both
houses Of the legislative assembly be
subject TO the operation of the refer
endum provided for in Article is Of
amendments of the constitution Of the
state Of North Dakota?
Third: IF not as a whole subject
to the operation Of said referendum
provision Of the constitution is that
part thereof which provides for the
holding Of an election and prescribes
the duties OF certain officers with re-
the incurring Of the expense thereof
such an act Of the legislative depart
ment of government as to be subject
to the operation of such referendum
provision Of the constitution"
Section 4. 1t is hereby made the
duty Of such court to answer the said
questions in such manner as to in all
validity OF the said proposed consti-
tuition. or revised constitution or
amendments Of constitution, and the
method sought to be adopted to bring
a different constitution into existence,
and to pass upon the validity thereof
and Of the proceedings provided for
in said House Bill number -four
in all things the same and to the
same extent. as though the validity
thereof. should come to the supreme
court upon any proceedings tina,
might lawfully be taken to prevent
the submission or adoption Of the
proposals Of said House Bill number
forty-four as the constitution of the
state of North Dakota or as fully as
might be done in any proceedings
that might be taken after its sub
people at the election which is
therein provided for, it being the
purpose and intent Of this act to OBJ
tain for the state and its representa-
+tves the opinion Of the learned men
making up the state judiciary and
tnus avoid the expense, inconveni-
ence. turmoil and agitation that might
be incidental to the passage of said
House Bill number forty-four and its
submission, or attempted submission,
to the people for ratification, and it
shall be the duty of the said court to
take jurisdiction Of the said questions
and to render it's opinion thereon
speedily, without regard to any tech
nicalities. or irregularities as to the
form, in which the said questions
| come before it.
Speedy Action.
Section 5. Immediately upon the
certification of the said House Bill
number forty-four to the supreme
court as aforesaid. the judges thereof
shall set a day for a speedy presen-
tation and hearing upon all phases
of the said questions and shall notify
each of the several district judges of
the state to be present and sit with
them in such hearing, and they shall
| Immediately give notice to the house
Of representatives, to the senate and
to the governor Of the state of North
Dakota. Of the day set for such hear
! ing, and they shall Immediately pre-
| scribe rule under which all parties
who desire may appear and be heard
in support of, or against the validity
Of the said proposed constitution to
be submitted under said House Bill
number forty-four, but it shall be