The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1917-01-26

will add that to me the convention
mode seems more preferable, in that
it allows amendments to originate
with the people themselves, instead of
only permitting them to reject
propositions originated by others not
especially chosen for the purpose, and
which might not be precisely, such as
they would wish to either accept of
refuse"
He cited the reconstruction conven-
tions of the south and showed that the
same consistent principle of denying
the power to legislatures to draft and
submit a constitution was carried out
by all Of the states. Probably the
most exhaustive treatment Of this
question in our time is contained in
the decision OF the supreme court of
Indiana in the case of Ellingham, ct.
al, VS.. Dye, 178 Indiana, S36, SO, N. e.
l. In this case the general assembly
of Indiana at its regular biennial ses-
sion held in 1911 drafted and Incor-
porated in a bill, what was therein
termed proposed new constitution,
which was a copy of the existing
constitution with twenty-three amend
ments, or changes, Of its provisions,
and 1t provided, that it should, If
adopted, take effect on Jan. /, 1913.
There was no pretense of complying
with or proceeding under the provi-
sions Of the present constitution for
amendment of it. The bill duly passed
both branches Of the legislative body
with the usual formalities of ordinary
legislation, was approved by the govA
ernor on March 4, 1911, and published
with the acts Of the session. It is
therein provided that the proposed
organic instrument shall be submitted
to all Of the legitimate voters Of the
state at the general election regularly
to be held pursuant to law in Novem-
Der, 1912; and provides the machinery
for its adoption. The question was
brought by voter to enjoin the APP
pellant, Ellingham, as secretary OF
state, and other members of the cleo
ton board, from submitting the pro-
posed constitution to the voters on the
ground-that the general assembly was
without power thus to prepare and
submit to the people proposed funda-
mental law, whether an entirely new
constitution, or an amendment. The
grant Of the general assembly to 1.-The
legitimate authoritative body of the
state; did not transfer from the people
of the general assembly all of the
legislative power inhering in the
former, but, as was said in Nc
Cullough VS.. Brown, (1S93, IL, 80, 220,
10, s. E.. 45S) only; such legislative
power as may be necessary or ap-
propriate to the declared purpose Of
the people in framing their constitu-
tions and comforting their powers up
on the various departments consti-
tuted for the sole purpose OF carrying
into effect their declared purpose. The
court said in that case: "to erect the
state or to constitute the form of it's
government Is function inherent in
the sovereign people" It needed no
reservation in the organic law to
preserve to the people their inherent
power to change their government
against such a general grant of legis-
lative authority. The supreme court
Of Arkansas in Eason VS.. State, IL,
Ark. 481. the court said: when act
ing either in the exercise OF ordinary
legislative authority, or in the exercise
of the higher power specifically grant
ed" to participate in the amendment
of the constitution. and that such
change could only be made by the
people through the agency Of q con-
vention. The supreme court of Cali
fornia in Oakland Paving Co. VS..
Hilton, SO, Calf 479, IL, Pac. 8, and
again the same court in Livermore VS..
Waite in 102, Calf. 113. SO, Pac. 424,
gave approval of this explanation Of
law, and the supreme court of Idaho in
Holmberg VS.. Jones, Z. Idaho, 752, 65,
Pac. 563, the court said: The power
to propose amendments has been
granted by the people to the legisla-
ture. The power to make consti-
tutions and to amend them is inherent
not in the legislature, but in the peo-
pie, and to the same effect the SUI
preme court of Missouri. Pennsyl-
vania; and court quoted with APP
prevail Cooley, constitutional limita-
tions, page 81; in accordance with uni
versal practice and the necessity
Of the case, amendments to an exist
it must be prepared and favored by
some body of representatives chosen