The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1918-10-07

the election Of three Nonpartisan
league justices-Luther H. Birdsell,
James e. Robinson and r. II. Grace.
These Nonpartisans constitute a ma
jority in the present supreme court,
and they unite in the majority opin-
ion, reversing the supreme courts
decision of 1916; and holding that
the leagues ten amendments shall
have a place on the ballot.
The Court Decision.
The majority decision syllabus fol-
State of North Dakota ex rel Tread
we'll Twichell,-and Treadwell Twich-
ell, individually, paintiffs. vs, Thomas
Hail Hall i SeiFstf1l o. d ie1
Syllabus:
tuition requiring proposed amend
ment to the constitution to be entered
on the journal of the house with the
yeas and nays taken thereon, such en-
| try is sufficient If it refer to the pro
posed amendment by an Identifying
reference such as the title and mum
Der of a bill containing the resolu-
ton, accompanied by the entry of the
yea and nay vote.
2. Where a practice has been. uni
forrnly followed by the legislature for
the spirit of constitutional require
kment such a Legislative construction
is entitled to weight in constituting
the constitution.
8. The sixteenth amendment is ex-
amined and held to be self executing.
The rights to be enjoyed are fully set
forth therein, and steps necessary to
be taken to effect the enjoyment
thereof are contained therein. -
f. The publication of a proposed
constitutional amendment in pursu-
ance of the provisions of chapter II,
complied laws, 1913, constitutes and Is
a legal and sufficient publication
S. Under the sixteenth amendment,
when PETITION has been signed by Is
per cent of the voters in not less than
one-half of the counties of the state
proposing an amendment to the con-
stitution with reference to any sub
ject matterh such petition is sufficient
and the legislature has no power or
authority to increase the mir11mum
percentage required. If the legisla-
tive assembly should enact such law
it would obviously be in conflict with
the percentage requirement of the
sixteenth amendment.
6. In constituting a constitutional
amendment adopted in the manner
prescribed by section 202 of the con-
stitution, great weight should attach
to the fact that it was proposed TO
and passed by two successive leglsla-
properly and legally submitted to and
ratified by a majority of the electors
at a general election.
Z. Where a petition for proposed
constitutional amendment has Deen
properly and legally signed and pre-
pared as required by the constitution
and filed with the secretary of state,
it is his executive duty to proceed
with the same as required by sectlon
979, compiled laws, 1913, and he should
not be restrained or interfered with
ia the performance OF his duties.
Application to the supreme court OF
the state of North Dakota for the
issuance by it of an original writ OF
Injunction.
Application for the issuance of such
writ denied.
Opinion of the court by Grace. BIRD
zell and Robinson. u.
Bruce, CHI. j., and Chrfstianson. j.,
dissenting.
Engerud, Divet, Holt & Frame, Far
go, attorneys for plaintiffs; William
LANCER, attorney general, and H. A.
Bronson, assistant attorney general
attorneys for defendants.