The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1917-03-02
SUFFRAGE BILL
NOT VALID SAYS
ITS OPPONENTS
Measure to Be Referended and
s.,ia'o Attacked in Courts to
Test Merit
MANY MEASURES TO BE
TREATED IN SAME WAY
Adjournment Enlivened by Ex-
pose as to Constitutionality
of H. B. No. IL


Now comes Mr.. Joy Killer and says
that Senate Bill No. 12, extending
partial suffrage to the women of North
Dakota is null and void.
Forces opposed to suffrage today
announced that although the bill was
a mere scrap of paper" it would be
referended as measure Of safety"
and in addition would be attacked in
the courts upon the grounds that it
is clearly unconstitutional
The constitution provides that the
franchise cannot be extended or re-
stricted without first submitting the
issue to vote of the electors. There
is no provision in Senate Bill No. IL
for a referendum.
Who put the Joker" over?-
Many Laws to be Held Up.
Steps are being taken to circulate
petitions at once to suspend this
measure as we'll as much OF the legis-
lation enacted at this session con-
sidered undesirable by certain groups
of citizens.
Those behind the plan to suspend
the operation of Senate Bill No. IL
state that North Dakota has not al
tered it's convictions on suffrage since
it voted the proposition down in 1914
by a majority Of 9.401 4
HI Senate silI No. 13. 81
The North Dakota legislature pass
ed Senate Bill No. 13 which is con-
current resolution for the amendment
of section 121 of our present consti-
tuition by striking out the word
male" from that section and thus ex.
tending suffrage generally to women
the same as men. This proposed
amendment will 60 to the 1919 legis-
lature and if approved by it, will
then be submitted to the electors for
approval or rejection at the 1920 EN-
eral election.
Provisions Of S. 3. No. ~.
The legislature also passed Senate
Bill No. r., which is modelled after
the Illinois statute under which wo-
men in that state have the vote for
certain offices. This statute thus
adopted in North Dakota from Iii.
nois, if it is valid, extends the right
of suffrage to women without vote
of the people as to certain Offices and
questions specified in it. 1t provides
that women otherwise qualified may
vote for presidential elections, coun.
ty surveyors, county constables and
for all officers of cities, villages and
towns Except police magistrates and
city justices Of the peace) and upon
all questions or propositions submit
ted to a vote of the electors of such
municipalities or other political divi.
siOns of this state, and also ''fOr the
following township officers: Town
ship clerk, assessor, treasurer, over
seer of highways and constables, and
may also participate and vote in all
annual and special township meetings
in the township in which such cleo.
tions shall be-" g.
Lawyers Opinion.
A number of lawyers to whom the
question has been submitted say that
the statute is absolutely void for the
reason that the legislature in this
state is forbidden by the constitution,
section 1872, from extending the right
of suffrage without vote of the peo'
pie. The situation is this: Section
1872 of the state constitution gives the
right of suffrage to male persons OF
the requisite age and residence. Sec
tion 1928 gives women the right to vote
for school offices and on school ques-
tions and to hold school Offices. Sec
tin 122 OF the state constitution is
the important and controlling section
apparently. It reads as follows:
Section 1922 "The Legislative as
sembly shall be empowered to make
further extension of suffrage here
after at it's discretion to all citizens
of mature age and sound mind, not
convicted of crime, without regard to
sex. but no law extending or restrict
ing the right of suffrage shall be in
force until adopted by majority of
the electors of the state voting at a
general election
Extends Fight.
This stattte Senate Bill No. Il. ex-
tends the right of suffrage and section |
1922 lust quoted says that no law ex-
tending suffrage shall be in force un-
til adopted by the electors. No pro-
vision is made for submitting this |
statute to the electors and it never
was intended to submit it to the cleo |
tors. The Illinois supreme court COM |
posed of seven members, by vote of
four to three, under their constitution
sustained a statute which made sim
liar extension of suffrage by legislat-
i've act alone. but Illinois did not have |
in their constitution section like our |
1872 above quoted. That is, the ILL
nois constitution did not prohibit the
legislature from extending the right
Of suffrage. Our CONSTITUTION does
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