The Fargo forum and daily republican., 1918-12-28
TEST OF CANVASS.
BOARDS ACTION
Is PLACED UNDER
WAY ATBISNARCK
Suit Filed in Connection
With Group Of League
Amendments

Bismarck, N. D., Dec. 2S.-The
| supreme court late yesterday issued
an order returnable January IA di-
recting the state canvassing board to
| show cause why there should not be
issued a writ of certiorai, asked for
by Theodore G. T. Nelson and w. E.
/ Byerly, requiring the board to pro-
duce in the supreme court for re-
view all records and proceedings in
connection with the boards recent
| canvass Of the votes cast for and
against the seven initiated amend
ments at the recent general election.
Five of the seven amendments i'm
| itiated by the league at the recent
general election did not receive ma
jority of all the yoLes cast, as re-
quired by the initiative amendment
to the constitution. Acting upon an
opinion from Attorney General Lang
| er to the. effect that only majority
of the votes cast severally for and
against the amendments was requir-
ed, a league majority of the state
canvassing board declared them car
ried. Secretary Of State Thomas
Hall, a Lacquer, and State Treasurer
John Steen, an independent, united
in minority report holding that
only the two amendments which re-
| Were carried. 49,.
The petitioner in applying to slI :
preme court rectte that the league
majority on the atate canyassing
board "in making said determination
and in declaring that the five propos-.
ed amendments Initiated by petition.
above set forth as having received
less than q majority of all the legal
votes cast at said general election,
were carried and adopted, the said
board of canvassers exceeded us
authority and acted Illegally and es-
pecially in contravention OF para-
graph 2 Of section 202 OF the consti-
tuition OF the state Of North Dakota.
Aftlants therefore pray that The sa9lls
OF North Dakota, cause ia, writ OF
eartiorari to be issued out OF said
court to the said state board of cans
vassers and to all the members
thereof, requiring that all the rec
ords, papers and facts in reference
to the matter herein complained of
may be certified to the supreme court
to the end that it may be informed
in relation to said matter, and may
vacate, annuI and set aside unlawfaI
proceeding, or grant such other relief
therefrom as justice and law may
require
Four Elected BY League.
Four members of the supreme
court were elected by the Nonparti-
san league. They are Associate jus
tices Luther F. Birdzell, r.. H. Grace,
J. e. Robinson and N. A. Bronson, the
last-named having been elected for
the term beginning January 1, 1919,
and now filling out the unexpired
term of former Chief Justice A. A.
Bruce by appointment from Cover
nor Frazier.
Associate Justice Robinson, al
though a Lacquer, has already pub
licly expressed his opinion as to the
action of the state canvassing board,
agreeing with the stand taken by
Secretary of State Hall.
The Amendments In Issue.
The five amendments which ara III
issue relate to public ownership OF
industries, to removing the limit from
public Indebtedness, to the manner
of adopting constitutional amend
ments, to taxation, authorizing the
legislature to exempt from taxation
all personal property, including i'm
provements on lands, and to the
manner in which emergency meas
ures may be given immediate affect. |
These five amendments embody the
changes which the league considers
most vital to the success of it's econ
omic program, and all of them re-
ceived less than a majority of all the |
votes cast at the last general cleo
tion.