The Bottineau courant. (Bottineau, Bottineau County, N.D.) 1895-1929, 1917-02-01

3OTTINEAU, R DAKOTA
the power is inherent in them
to revise their constitution by
adopting a new organic law even
though no special method is per-
scribed in the existing constitu-
ton.
I'm initiating revision and
setting in motion machinery by
which constitutions are placed
before the people so that they
may act upon them in their SOW
ereign capacity, it is conceded
on all sides that legislatures do
not act in a strictly legislative
capacity, but are of necessity
for the time being mere instru-
ments for setting in motion the
sovereign power Of the people,"
"This right of the legislature
is conceded by every authority
on constitutional law, upon the
simple ground of necessity"
in that no specific method is
provided.
Bearing these facts in mind"
says the attorney general:
1. That the people in the
absence of express provision
as to procedure in their constitu-
ton, nevertheless, have the
right of revision, and
2. That the initial step to
start the sovereign power in
motion must under such cir
cumstances be taken by the
state legislature,
The question further narrows
down to the particular method
which a state legislature must
pursue in initiating a revision"
From these deductions the at
torney general concludes that,
"In cases cases where constitu-
lions contain no express restric-
tons or procedure and where
it is conceded that the people
have the power to revise their
constitutions, as we'll as that the
legislature must initiate such
revision by one method or an
other, IN MY OPINION ANY
METHOD FOLLOWED BY
THE LEGISLATURE IN PLAC-
ING BEFORE THE PEOPLE
A NEW CONSTITUTION FOR
ADOPTION OR REJECTION
IN THEIR SOVEREIGN CA
PACITY IS LEGAL. Any 9TH
er conclusion is a denial of the
sovereign power of the people
or a partial restriction of that
power utterly unwarranted by
our Constitution and accepted
rules of constitutional interpre-
tation."
In closing the opinion the at
torney general says:
IF there is any doubt about
the matter it is resolved in fav-
or of the legality Of the method
proposed, by a principle of SUI
preme and controlling force, a
principle which has been set out
by Jameson, the great authority
on constitutional questions:
"But in practice, where
doubt arises, and there is moth
ing to indicate decisively the in
tentions of those who framed
the instrument, perhaps the
people, assuming to exercise
power under one constitution,
rather than another, should be
given the benefit of the doubt.
It is unquestionable policy to
attempt, by abstract rules of
law in doubtful cases, to prevent
or control great organic move
ments of the people"
Divet Attacks Governor.
Lawyer Divet aroused consid-
cradle excitement when he ac-
cused Governor Frazier, when
a candidate, of bidding for
votes. He quoted from a news
paper clipping in which candi-
date Frazier is alleged to have
said, IT expect in the 1917 legis-
lature to consider bills for the
submission Of constitutional
amendments, but they must first
be submitted to the people,; not
handled hurriedly; we must
move cautiously; take them up
one by one candidly. If endors-
ed by the people they must pass
a second time"
Having read this Divet flew
into a rage and exclaimed:
you who have heard
nothing but falsehood for the
last 20 days-Since he has