The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1918-09-09
HALL CITED TO.
DEFEND ACTION
ON AMENDMENTS
Secretary of State to Show
Cause Why He Should Not
Be Restrained
INITIATIVE NOT OPERATIVE
Treadwell TWichel Raises Same
Issue on Which Bismarck
Defeated Removal
INITIATIVE NOT OPERATIVE

Secretary of State Hall this morn
ing was served with an alternative
writ directing him to appear before
the supreme court September IS to
show cause why he should not be re.
strained from further advertising and
from having printed on the official
ballot the ten amendments which the
Nonpartisan league seeks to submit to
the voters November 5, as embodying
the vital features Of the famous
House Bill "A. The petitioner Is
Treadwell Twichel of Fargo. and his
counsel is Rep. A. G. Divet of Fargo.
The secretary of state will b" repre-
sented by Attorney General William
LANCER.
The courts order was issued late
Saturday evening and was served this
morning. The petitioner recites that
he and some 10000 other electors and
taxpayers are vitality concerned in the
issue; that Attorney General LANCER
has refused to institute proceedings
on behalf Of the petitioner, and that
the latter is forced to act on private
petitions for the submission of its ten
amendments are signed by some 80
900 people, purporting to represent q
per cent OF the voters in so per cent OF
the counties of the state.
Without Authority.
The petitioner sets forth that Secre'
tary of State Hall without warrant or
authority Of law received these peti.
tions and caused them to be filed, and
that he has proceeded in violationsot
the law to publish these amendments
in various newspapers OF the state,
and that he has threatened, unless re
strained, to cause said proposition to
he printed upon the official ballot for
the general election, November 8. "all
to the great expense of the citizens
and taxpayers of the state, including
this petitioner, and to the effect OF
creating strife. turmoil. disputes and
issues among the people OF the stare
OF North Dakota. and that In so pro.
ceeding the defendant is acting with
out authority and In excess of his jur-
isdictiOn." 4..
The petitioner further sets forth
that the second subdivision OF Sec.
POP of the constitution under which
purported constitutional amendment
amendment the defendant is proceed
ing has no legal existence as a part
OF the constitution Of the state Of.
North Dakota. in that 1t was not en-
tered on the legislative journals, to-
gether with the aye and nay vote
thereon. The petitioner contends that
Sec. % of the original constitution is
in full force and effect. unamended
and unchanged; that two separate
and distinct propositions for amend
ments to Sec. 25 were submitted to
the voters and approved by them and
ratified by the legislature, contrary to
law and constitutional authority.
Not Self Executing.
The petitioner also raises the issue
that subdivision 2 of Sec. 2O2 of the
constitution, as purpOrted amended by
Article 16 is not self-executing. in that
it contains no provision by which thte
secretary Of state can determine the
sufficiency of the petitions sought to
be filed Hereunder either in respect to
the number Of signatures necessary to
constitut 25 per cent of the voters In
any county, or by which the secre.
tary of state can determine whether
the petitioners were legal voters in
said counties at the tim they signed
the petitions.
1t is further alleged that this pur-
ported amendment does not provide
for the number of petitioners neces-
sary on such petition and that it does
not provide the necessary machinery
for the submission of any such con
stitutiOnal amendments. 1t is further
contended that the form of the pro-
posed petition for The amendments is
insufficient. in that it contains no en-
acting clause. For this reason the
petitioner asks that the secretary OF
state be restrained from further ad-
vertisement of these proposed amend
ments and that he be restrained from
having these amendments printed on
the official ballots for the general elec-
tion November 5.
No Opinion Available.
The secretary of state shortly after
the petitions were filed with him ask
ed the attorney general for an opinion
as to the course which the secretary
of state should pursue in the matter,
in view of the decision of the supreme
court in the New Rockford capital re-
moval case, in which the court sus.
tained Bismarck's contention setting
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