The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1918-12-14
BUYER OF BONDS UNDER FALSE
LEAGUE AMENDMENTS DOES 50 AT
OWN RISK SAYS JUDGE ROBINSON
Venerable Nonpartisan
Jurist Sounds Warm
ing to Members of
HIS Party
NEXT COURT MAY
- NULLIFY ACTION
Admits Present Tribunal May
Uphold LANCER But Says
Decision Won't Stick

Decision Won't Stick
Associate Justice James E. Robin
son, probably the Oldest active bar
rister in North Dakota, and who, we'll
past the age of 80 was elected to the
supreme court by the Nonpartisdn
league by the highest vote ever given
any league candidate in this state ex-
cept Governor Frazier, joins with Sec
retary Of State Hall, another leading
Lacquer, in taking issue with Attorney
General Langer's opinion holding that
the five league amendments which
failed to receive majority of all the
votes cast in the recent election are
carried.
In his Saturday evening letter, over
his own signature, Judge Robinson Of
fers the following COMMENT @
"The total votes for Governor Fra
zier and Mr.. Doyle were 81 ,25O. The
total vote for attorney general, 1920.
The total number Of votes cast at the
general election was 94,055. For the
Initiative and referendum the votes
were 47,447; for hail insurance, 49, 1878.
Neither of the other five league
amendments received "a majority of
all the votes cast at the general cleo
tion,' though each received "a majority
of all the votes severally cast for or
against the same.' BY the express
words of the 18th amendment, the lat
ter vote is sufficient when it is given
on the passage of mere laws. But when
the vote is on constitutional mea-
sure, then, by the 18th amendment, it
is approved only when It receives a
majority Of all the votes cast at the
general election l. i,
"Now it seems there is q doNbt, and
the doctors Of law and professors diff
fer as to what is meant by a majority
of all the votes cast 1t the general
election This is a misfortune, be-
cause, though our good N0npartisan
court may sustain all the amendments,
in four years hence,. when we SHALL
have walked the plank, our successors
may nullify the decision just #as we
nullified the decision of the former
Judges in the New Rockford case. In
this age Of progress, the opinion OF a
court, legal oracle or a law pro-
fessor settles no principle of law un-
less it is right We no longer hesitate
to disregard an erroneous or rotten
decision. The result is that a pur-
chaser of state bonds or any person
acting under the questionable amend
ments will have to be wary and take
his own risks, regardless of any de-
cision."
Judge Robinson's letter follows:
SATURDAY EVENING LETTER
(Ry Justice J. E. RobinsOn.)
December 14th, 1918.
During the first week of December
our Court heard debates on fifteen
cases, and since then we have, busted
ourselves in writing decisions. On
Tuesday of next week we commence
the hearings of debates on fifteen
to consider and decide during the
present year. Our aim is to dispose
of thirty cases month, and in that
way to catch up with the work ,durin;;
the next year. Now, every day, the
judges are on time to minute, but
on Thursday, Judge Bronson went to
Grand Forks to bring here his family
and Judge Birdzell went with him for
company, and, as l guess, to meet
some old-line friends. We regret this
loss of time. - .>-
Well, the election is over; the votes
are counted, and those who win laugh.
What are the results and the lessons ?
The state officers are elected as fol-
lows: +
Governor Frazier, $4,000.
Thomas Hall, secretary Of state,
$4,000. II. .... ,.N,.s
Carl Kositzky, state auditor, $1,000.
Obert Olson, state treasurer, o4!Oo0.
William LANCER, attorney general,
$1,000. s.>s4 L.. ...t
S. A. Olsness, insurance commits
sioner, $1,000.
Bronson, supreme court, $4,000.
Miss Nelson, superintendent OF
schools, $4,000.
The total votes for Governor Fraz-
Ter and Mr. Doyle were but 91,2 ,25O.
The total vote for attorney general,
1890. The total number of votes
cast at the general election was a.
O55. For the initiative and referen.
dunn the votes were 47,447; for hail
insurance, 49,878. Neither of the 9th
er five league amendments received
"a majority of all the votes cast at
the general election" though each re.
ceived "a majority Of all the votes
severally cast for or against the
same.a BY the express words Of the
18th amendment the latter vote is suf-
ficient when It Is given on the pass
age OF mere laws. But when the
vote is on constitutional measure.
then, by the 10th amendment, it is ap-
proved only when 1t receives major
ity of all the votes cast at the gem
eral election" Now it seems there
is boudt and the Doctors of Law
and Professors differ as to what is
meant by "a majority Of all the votes
cast at the general election" That is
, misfortune, because though our
good Nonpartfsan court may sustain
all the amendments, in four years
hence. when we shall have walked
the plank, our successors may nullify
Continued on Page Four.)