The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1918-10-12
SATURDAYS EVENING LETTER
BY Justice J. E. Robinson

submitted either in accordance with a
concurrent resolution of two success
sive legislative assemblies, or petit
ton signed by at least Is per cent
or the voters in each OF not less than
half the counties OF the state. Mani
testify it does not contain two amend
ments. ,r...... .. |
2. In regard to the advertisement
of propered amendments the words
of Section 202 are that amendments
shall be published as the legislature
may provide. That is In manner pro-
vided by law. AS the people we'll
knew all the amendments to the con-
stitutiOn were advertised as provided
by law and there is no reason for
one method OF advertising amend
ments submitted by the Legislative as
sembly and different method OF adj
vertising amendments submitted by
petition. In voting for section '202
the people acted as Legislative body
and it must be conceded that they
never thought Of voting for decep-
tsye or delusive measure that could
have no force or effect until some
future Legislature should see fife to
provide for a special system OF adver-
Using. And we must presume the
legislature did not intend to submit
to the people any tricky or delusive
measure. However,. if some law
makers had such a nefarious design
itashOuld have no effect.
,sThe judges are bound to give force
to- the manifest intention Of the peo-
ple--the legislative body that adopted
the amendment. When the people act
as lawmakers their action is govern
ed by the accepted maXims OF legisla-
ton: Like reasons doth make like
laws. The law neither does nor re-
quires idle acts. The law respects
form less than substance; the inter-
probation which gives effect is to be
preferred to that which makes void.
In the construction Of statute where
any uncertainty exists, the question
is: What was the intention OF the law
makers? In the language of Justice
Field. instances without number exist
where the meaning Of words of a stat
ute has been enlarged or restricted to
carry out. the intention OF the law
makers Thus, in the Oregon Dona-
ton Statute. the term "a single man"
was held to include an unmarried
woman. The purpose OF a constitu-
ton Is to give formal and authentic
expression to the will of the people
Hence, constitutions are to be con-
strued as the people construed them
in their adoption.
1t is true that in the Capitol Re-
moval Case, the court held against
that part of section 202 which relates
to the submission Of amendments on
petition. 1t was held to be dead let
ter until such time as legislative
body should see fit to breathe into
its nostrils the breath Of life. To
prescribe and fix the percentage OF
voters, the time OF filing a petition,
the manner Of advertising it and the
form of its enacting clause. But sec
ton 202 was framed for submission to
the common people who had asked
for bread and did not expect to be
given stone. For years they had
made strenuous and determined fight
for the initiative and referendum, and
they did not look for their public
servants to offer them for approval a
thing in the form Of snare, a trap
or delusion They had never read
or heard Of, a constitutional amend
ment having an enacting clause, and
they knew no reason for such nice
IT,. They knew that all the amend
ments had been advertised as pro-
vided by law and Of course they never
thought that there should be special
law for the advertisement OF an
amendment submitted by petition
They knew that section, 202 provided
that petition for al amendment must
contain tho signatures of at least %
per cent OF the legal voters and Of
course it never occurred to them that
a legislature should have any right or
authority to change the percentage
Hence. it behoOyes the courts to give
to section POP a broad ard liberal cor
struction SO as to advance and secure
the purposes ard intentions OF those
who adopted the amendment
Finally. on the initiative and refer
endum question, the people have
fought good fight: they have kept
the faith; they have spoken with CO.
herence and emphasis; their intention
cannot be mistaken; hence, they have,
and may exercise, the right to con-
troll their own affairs and to make
their own laws and constitutions.
Petition denied and dismissed.