The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1917-01-23
NOVEL PROCEDURE
Is PROPOSED
Continued From Page One.

among the people as to how a change
Of the fundamental law may be
brought about IN legal and 0onstitu-
tional manner, and
Whereas, the pC/rple's desires should
be acted upon and compiled with in
| all things pertaining to government to
| the fullest extent possible without do
! ing violence to the fundamental law,
and
Whereas. there has been introduced
and is now pending in the house Of
representatives a concurrent resolu-
tion known as H. B. No. A which
seeks to have laid before the people
for adoption or rejection as a whole a
proposed new constitution and some
| question has been raised as to the
| legality OF the proceeding thus invok-
ed to abolish the old and bring into
existence a new constitution for the
| state, and
Whereas, the members of the legis-
lative assembly desire to proceed only
in a lawful manner and not by revolu-
| ton in bringing about action looking
| to the establishment Of new consti-
tuition, il one is to be established.
and, ,-
Whereas, the legislative body has
no disinterested Source of advice safe
| for it's guidance and an error of law
on its part may lead to the mourning
| of large expense in attempting to
| bring about an expression of the peo-
| pies will in regard to a change Of
constitution and by such error desir-
able changes in the constitutional law
may be long postponed"
Now, therefore. be it resolved:
1T is the sense of the legislative as
sembly of the state of North Dakota
| that the judicial department of the
1 eI,n 81 -
| the legislative department in furnish
| ing it's advice as hereinafter request
| ed, and that no member of the state
| judiciary should seek to avoid such
| duty and confidence is hereby express
ed that no member thereof will seek
| to avoid such duty"
| Under the provisions Of the bill, i'm
| mediately 1t is passed and approved,
| the justices Of the supreme court and
| the district court judges of the state
would lay aside all their business. and
meet together in Bismarck to answer
| questions set forth in the bill. The
| supreme court would fix the time for
| the converting of the specially con-
stituted court.
| 1t is made the duty of the speaker
of the house and thee hief clerk Of the
house to certify to the supreme court
| q copy Of H. B. No. A, now pending,
and to furnish thirty additional copies,
with request for an advisory opinion
| on the following points:
| "First-Will the passage through
| the house and senate of H. B. No. A
of the Fifteenth legislative assembly Of
| the state of North Dakota, as certified
| to the supreme court by the speaker
and chief clerk of the house, by a
majority vote, and it's submission as
| therein provided for, be a legal and
| constitutional submission to the people,
| Of the state of a proposed new consti-
| tuition, revised constitution or amend
ments to the constitution. which, il
adopted, at an election as therein pro-
vided for, will make the provisions OF
said H. B. No. "A the constitution OF
the state Of North Dakota as therein
provided, superceding and replacing
the present constitution and the sew
| eral amendments thereof?
"Second-Will the said H. B. No. A,
| if passed by both houses Of the legis-
| lative assembly, be subject to the
| operation of the referendum provided
! for in article Is of the amendments
of the constitution of the state Of
| North Dakota? ..8
"Third-f not as a whole subject to
| the operation of said referendum
provision of the constitution is that
part thereof which provides for the
| holding Of an election and prescribec
| the duties Of certain officers with re-
spect to such election and permits OF
the mourning of the expense thereof,
such an act as the legislative depart
ment of the government as to be sub
| ject to the operation of such referen-
dunn provision of the constitution"
It is made the duty of the court to
answer the questions in such manner
as to in all things give it's opinion up
on the validity of the proposed consti-
tuition. The court proceedings con-
templated would be as complete as
though the matter was presented in a
formal case.
The court is required to Ak date
for the hearing, and notify the house
of representatives, the senate, and the
governor, and the court shall also pre-
scribe a rule under which all parties
who desire, may appear and be heard
| in support of, or against the validity
Of the said proposed constitution. The
court however, is given discretionary
power as to the number Of counsel
| that may appear for each side. No
person, however, would be permitted
| to challenge the legality Of the courts
organization, or its judisdictiony
Failure Of any judge to participate
in the court would lay such judge open
| to proceedings. A majority or the
| Judges. however, shall he SUFFICIENT to
constitute the court provided for.
Daily hearings till the issue is
wholly presented, are contemplated;
expenses of the judges would be paid
by the state, and the opinion Of the
court would become a matter OF record
| in the supreme court.
An emergency clause is attached.