The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1917-01-15
ROBINSON SAYS
!. PLAN PROPOSED
WILL NOT WORK
Associate Justice Who Led Ticket
in Recent Election Against
Revision Scheme
LEGISLATURE CAN CALL
CONVENTION, SAYS JUDGE
Two Thirds Vote Will Maks I'm.
mediate Action Possible
Opposition in House

The leagues plan for the revision
of the constitution, as proposed in
House Bill No. A, is all wrong, in
the opinion of Associate Justice
James E. Robinson, who led all other
league candidates in the race for the
supreme court at the November gen
eral election.
Revision and amendment are one
and the same thing, says the associ-
ate justice. Another North Dakota
supreme court judge has held the
same. If legislature cannot amend
the constitution, it cannot, says Judge
Robinson, revise the constitution. The
only method in which the legislature
can REVISE or amend the consti.
tuition, says the associate justice, is
in the manner prescribed by law
which would mean the referring of
proposed amendments to the Six
teenth Legislature, and, If approved by
that body, by their submission at the
general election in 1920. 80 -
There is, however" says Judge
Robinson, mo question of the legisla-
lures right to pass law, in the usual
manner, calling constitutional con-
vention. Unless a twO-thirds vote
were obtained in favor Of this meas.
ure, it would. of course, not become
effective until July |. ...... ,...s.,- .s,.. j.
II haze all these points In
one Of my articles. There is just one
way in which the constitution can
be revised or amended without delay,
and that is the method which have
pointed out The plan now under con-
sideration is not the! proper one"
Division, In House. .+ i
Chief Clerk Bowen this morning re
garded it doubtful whether the com.
mittee on state, affairs would report
out the constitutional revision bill
this afternoon as copies were not
placed at the disposal of members of
the committee until late hour. "The
committees report will be purely for
NAL" said Mr.. Bowen. There is no
question as to how the committee
stands on the measure"
Even in the house there is decid.
ed opposition to the leagues plan
based principally upon the conten.
ton that the scheme as outlined in
Bill "A is not constitutional. Oppo
sition is not confined to league mem.
bers.
81 doubt very much" said Repre-
sentative 'Everson Of Walum, this
morning, whether the league will
poll it's full strength on this pr0po-
sition. A lot of the members are in
doubt as to the advisability of put
ting through constitutional revision in
just this way"
Although Representative Everson
has had some personal differences
with President Townley, he has not
renounced his allegiance to the
league. in which organization he was
among the original workers in his dis.
triCt. .-' ~
viii Not Recess.
"The proposal to recess Tuesday
evening for the remainder of the
week was killed in caucus Saturday
night" said Chief Clerk Eowen today.
I'VE will not adjourn for at least ten
days--in any event. not until we get
the constitutional revision question
off our hands"
The chief clerk intimated that re.
cess may be taken about the end of
this month to enable various commit.
tees to do some junketing. The ap-
preparation bills must be in not later
than January 26 and if recess comes
It probably viii; BE after that date.
Attacks Abuse f ): w . 4
Senator Jacobson attacked the in
discriminate use of the emergency
clause to bills which did not affect
public peace, health and safety This
question came up In consideration of
House Bill No. 3, enabling cities to
engage in the operating of heating
plants "a. - .ir -
The bill which is advocated by Val
ley City carried the clause. It was
passed without the emergency clause
and then it was recopsidered and re-
ferred to the committee on cities and
municipal corporations. &c -"~.
The senate went into executive ses-
sion at p. m. to consider a sealed
message from Governor Frazier.
It Is likely that the senate and house
will hold joint session this after
noon or tomorrow to be addressed by
Governor Frazier on the subject of
constitutional revision.
The senate passed by unanimous
vote by all present three bills, as fol-
lows: -
8. B. 16-Welford-Enabling coun-
ties to spend 5000, 900 for. bridges.
Z s. b. 44-Ployhar-Relating to pen
alties for theft of automobiles and mo-
torcycles. -
8. B. @Martin-R Relating to re-
demptiol Of land contracts within six
months following foreclosure on de-
faalted payments.