The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1918-12-09
Board by Three to Two Vote Ad.
heres to Ruling of Attor-
ney General
HALL AND STEEN VOTE NO
Secretary of State and Treasurer
Subjected to Steam Rolling
Process

IONS dlrectly TO the contrary cited by
Secretary of State Hall from Nebras.
ka and Wyoming reports, in one OF
which Justice Ryan. referring to a
Wisconsin opinion which the attorney
general uses as an authority said
such opinions seem matter more Of
policy than of principle and are re-
proaeh upon the COURTS" the league
majority on the canvassing board by
O. three to two vote this morning rail.
roaded through the five league amend
ments, embOdying the socialist pro-
gram for North Dakota, which were
defeated at the recent general elec-
tion.
State Treasurer John Steen and Sec
retary of State Hall constituted the
minority. Both refused to vote even
were approved by majority OF all
the votes cast at the recent election,
inasmuch as LANCER, spokesman for
the league majority upon the board.
insisted in framing his motion in such
a way that it would establish a pre-
cedent for declaring passed the live
league amendments which did not re-
ceive majority at the general elec-
ton.
Official Vote.
Official returns from Wells county,
brought in Saturday by Deputy State
Auditor o. B. Lund as special messen-
ger, were canvassed by the board as
it's first order Of business. increasing
the whole number of votes cast No
vember to 94,055, and making 47,02S
necessary to a majority. With the
final canvass the vote on the league
amendments stood as follows: .., .
Initiative and referendum, 47,447-
1858. G".. ~
Emergency measures-46.1 ] 1-32, ,507.
33,572. - st.-.. "A a.. y,
Taxation--4G,8 G,833.33,921. II
Hail nsurance-49yS7 1881 1856.
Debt limit-4B, ,275-34,235. :r
Public ownership-46,S30-32.5H.
There being no question on the three
referred amendments, defining voting
privileges of cooperative associations,
providing for hail insurance and re-.
quiring four-fifths decision from the
supreme court to declare a law un.
constitotui nal,these amendments re.
quiring under the constitution only
a majority OF the votes cast upon the
question, which each received an actu.
al majority OF all the votes cast, 49,
1872, 52,475 and 52,67S, respectively,
these were declared passed by an un.
animous vote without discussion.
On the initiative measures Secretary
OF State Hall had prepared an Off
cial certificate which declared the in
itiative and referendum and the hail
insurance amendments carried by a
majority of all the votes cast in the
recent election, and the other five
amendments lost, through their failure
to receive sue majority. Secretary
of State Hall advised the board that
some question had arisen as to what
constituted legal majority, and he
requested Attorney General LANCER
to give the board the benefit Of his
opinion Mr.. LANCER advised that
the Courier-News had published an
opinion on the subject and that he
had nothing to add to it. The board
had not been furnished with copies
of this opinion. The attorney general
had copy of the Courier-News, and
he read over the opinion, to him
self. -s..-
The attorney general then substitut-
ed for the secretary of states certifi-
cate one which had been prepared by
State Auditor Kositzky, and he offer
ed on the initiative and referendum
amendment a motion that whereas
a majority of the voters who voted
on this amendment having voted for
this amendment"
Steen objects.
Here State Treasurer Steen, chairman
of the board, objected, declaring he
could not put the motion in such form,
inasmuch as it was not legal. Mr..
Steen stated that this amendment had
majority, of all the votes cast in
the recent election and was legally
carried, and that if Mr.. LANCER would
change his motion to so state the
facts he, Steen, would put it and sup
port it. LANCER declined to change
his motion, and it was put and car
ried, LANCER, Kositzky and Macdonald
voting yes and Hall and Steen no. Hall
then moved that the amendment relat-
ing to the initiative and referendum
as applied to legislation. there hav-
ing been 94,O55 votes cast, Of which
47,447 were for and 32,598 aaginst,
and it appearing that majority Of all
those participating in the election had
voted for the amendment the same
be declared carried" Steen second
ed this motion. LANCER moved that
it be laid on the table, which was done
ty vote of three to two.
Hall Asks Opinion.
Hall then called upon the attorney
general to state the authority for
lis action. LANCER declined to add
anything to the opinion which the
Courier-News carried. Hall then cited
a number Of opinions holding direct
ly to the contrary, referring to the
Omaha case in Nebraska. to Wyom-
ing case and to a decision of our own
suprem court He also quoted JUS
tice Ryan remarks on Judgments
from policy rather than principle"
'My opinion is upheld in every par
ticular by Idaho, and the North Da-
kota supreme court has passed on the
Continued on Page Three.)