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

for the purpose. The court further
said "the mode usually employed is
that OF submitting convention, and
1t Is clear that no means are legiti-
mate for the purpose indicated by
conventions, unless employed under an
expressed warrant of the constitution.
The idea Of the people thus restrict
ing themselves and making change in
the constitutions is original and is one
of the most signal evidences that
admits us liberty means. not the CIV
ing to reign of passion, or to thought
less impulses, but the exercise of pow
er by the people for the general good,
and, therefore, always under the re-
straints of law, but while the fathers
of our constitutions have sought to
avoid the dangers Of a too frequent
change of their fundamental codes,
they have averted to an opposite
danger, but one equaIr/ Stunned, that
of making amendments too difficult. 1t
Is inconceivable that they intended
that the general grant of legislative
authority should vest in the general
assembly plenary power to draft
new constitution and provide for ats
admission to the people at the same
session, and in the same constitution
throw around the preparation and
submission Of a single amendment, the
restrictions requiring time for discus
sion, consideration and elaboration.
The court quoted with approval Judge
Cooley; Constitutions do not change
with the varying tides of public
opinion and desire. The will of the
people therein recorded is the same
inflexible law until changed by their
own deliberate action; and 1t cannot
be permissible to the courts that in
order to aid evasions and circumven-
tions, that shall subject those instru-
ments. of a literal and techni-
cal construction, as il they were great
public enemies standing in the way OF
progress, and the duty Of every good
citizen was to get around their provi-
sions whenever practicable, and give
them a damaging. thrust whenever
convenient. The thing attempted to
be done by the general assembly Is
merely to prepare and propose
changes in the organic law, and sub
NIT their work to the people in q
quicker and easier way than that
provided by the express provision, and
the fact that it takes the form Of a
complete constitution cannot prevent
the application Of the rule. The court
held that the general assembly had no
power to draft an entire constitution
and forthwith submit 1t to the people
under the general legislative authori-
ty. He pointed out that two judges
dissented in the Indiana case, but
neither of the judges discussed the
power of the legislature to draft and
submit a constitution, but denied that
the court had power to restrain the
submission Of the constitution to the
people.
He discussed the movement in
Nebraska where the territorial legis-
lature under political necessity of
securing more Republican senators
and congressman at Washington petit
toned congress for legislation pre-
paratory to the admission of Nebraska
as a state. The permission was
granted in 1864. The territorial legis-
lature called a constitutional conven-
ton. The convention met and adjourn
ed without forming a constitution.
Immediately after the assassination OF
Lincoln the territorial legislature
again took up the question. The terri
torial legislature prepared in great
haste constitution and submitted 1t
to the people. It was the barest frame
work Of government, providing for the
fewest possible officers. 1t was sub
mitted to the people and adopted on
June 2, 1866, by majority OF 100
votes; the vote being 300,93S in favor,
and 300,838 against. It is remarkable
that this constitution was passed upon
by fewer people than at present live
in the city of Bismarck. The slavery
clause in the constitution adopted was
not satisfactory to congress and 1t
was not approved. It was approved
over the presidents veto conditional /
ly upon making the Objectionable
clause satisfactory. Nebraska did this,
and President johnson proclaimed
Nebraska q state on March l, 1857.
The entire inadequacy of the constitu-
ton was soon felt ana on Feb. 10, 1853,
the question Of holding a constitutions
al convention was submitted to the
people and carried.
I'VE have heard q great deal about
the side of the majority" The speak
err then discussed the meaning of
majorities and the constitutional re-
straints and limitations placed upon
majorities. He discussed the case of
Luther VS.. Borden, which was the
famous Dore Rebellion case, which
went from Rhode Island to the SUI
preme court of the United States, and
discussed the legal argument Of Daniel
Webster wherein Webster pointed out
that all power was in the people, but
that the people had surrendered part
OF that power to the federal govern
ment, and part of 1t to the states;
that the people protected themselves
quired an amendment to the federal
constitution to receive two-thirds of
the votes of the senate and of the
house. and then be ratified by three
fourths of the states. In our own
state we have placed in the hands of
our men by our constitution the power
to veto a bill. and 1t then requires q
two thirds vote of both the house and
the senate to destroy the governors
veto. There is no change made in this
provision in the proposed new consti-
tuition and the principle seems salu-
tary. We must make a distinction be-
tween the people and the voters in
Ohio. In September, 1915, a consti-
tuition was submitted to the people
and but 40 per cent of the vote of
Ohio was cast and the constitution
was adopted by % per cent. In our
own state, Gov. Lynn Frazier was
swept into office on a high wave and
he secured the highest vote that was
ever given to a governor of this state.
He received 1885 votes, and the next
highest vote was given to Judge
Robinson of the supreme court, being
62,675 votes. There are 636,956 people
in the state of North Dakota by the
1915 census, and therefore, the COVER
nor of this state received the vote Of
IA per cent of the people.
The speaker maintained that it was
clearly the intention of the people OF
this state in drafting the constitution
not to permit a revision of 1t in the
manner proposed in III. B. No. A.. II