Grand Forks herald. [volume] (Grand Forks, N.D.) 1916-1955, 1918-03-08

GRAND FoRI
portion OF the law the supreme court has held TO b. self
executing. and while under 1t the legislature has author
iy to enact statutes carrying its provisions into effect, the
court has held that in the absence Of such legislation the
provision remains imperative. +
The court decision was rendered in the case involv-
ing the legality Of the procedure by which it was propos-
ed in 1916 to submit to the voters the question Of remov-
ing the state capital from Bismarck to New Rockford.
Petitions for this purpose were circulated and signed,
and were filed with the secretary of state. Application
was made to the courts for an order restraining the Sec
rotary Of state from submitting the question, on the
ground that the initiative amendment to the constitution
was not and was not intended, to be self-executing, but
that it required legislation to provide the necessary ma
chinery for it's operation.
The supreme court sustained the contentious Of the
applicants for the writ. The order was issued, and the
question Of capital removal was not submitted to the
voters. The court sustained the contentious of those who
held that legislation must be enacted to provide for the
operation Of the law, and no further action was possible
under the initiative amendment until the legislature
CHOSE to act.
1t was within the powers Of the legislature at its sue
ceeding session to make proper provision for the opera
ton Of this amendment, but such action was not taken.
Therefore the status Of the subject is just what it was
when the supreme court decision was handed down near
ly two years ago. The only power that can change the
situation until another legislative session is the supreme
court itself. If the petitions which, it is said, are circu-
lated, and when signed are filed with the secretary Of
state, any citizen Of the state can make application to the
court for an order restraining the secretary from placing
these proposals on the ballot, and either the court as now
constituted must reverse the ruling OF the court OF two
years ago, or the proposed amendments must be ruled
out. ,.U
paSS1nE from the legal DhaSe Of tho SfIhiecf ~ IL in
terestlns to note in the proposed amendments a marked
departure from some of the radical and revolutionary
provisions of the now notorious House Bill A.
The first four proposals are to give 10000 elec.ors
at large the right to file initiative petitions; to give 1000
electors at large the right to file referendum petitions;
to give 10000 electors at large the right to propose
amendments to the constitutions; and to enable the people
to amend the constitution without having the amend
ments passed on by the Legislature at the ensuing session.
The purpose of all this, of course, is to make it easier for
small groups in single localities to take action under the
initiative and referendum laws. The present provision,
require that the sgners of all petitions for initiative or
referendum must be distributed quite generally through
out the state.
No. 5 on the list enables the legislature to EXEMPT
personal property fpom taxation. This is substantially
the same as the provision in House Bill "A.
No. 6 makes similar provision to that in House Till
A for state hail insurance.
No. Z enables the state to issue or guarantee bonds
up to $4,000, 600, and in excess of that amount provided
the bonds are secured by first mortgage on real estate IN
amounts not to exceed one-half the value of the property
No. s permits the state to issue Or guarantee bonds
up to 100000 900 on state-owned utilities, enterprises or
industries.
No. 9 provides for the retirement Of bonds within 80
years. -
These bonding provisions differ quite materially
from those in Bill "A. Mr. Townley's famous dictum that
The sky's the limit is no longer to govern. Under Bill
"A. bonds in unlimited amounts could be issued for the
support Of private enterprises Of every description, and
the provisions for security were so flimsy that they
amounted to no security a. all. Under the new plan, as
in Petition No. I, there is opportunity for the guarantee
of unlimited bonds, but an attempt is made at least to
provide the appearance of security by recurring ample
real estate security.
No. 10 appears to be very broad in its provisions, as
it presents in another form the proposal that the state or
its counties may engage in any form of business.
A fair analysis of the new plans presented is impos-
sible without the text of the proposed amendments, and
only a bare summary has been received at this time. But
the fact that the attention which has been called to the
who are behind the present movement at least to 20
through the form Of noderating their attitude and OF
providing what is intended to appear as better security
for the interests of the state than was given in that cell
ebrated bill. In that respect we appear TO be making
some progress.
JOHN REDMOND
The death of Tohn Redmond mr. %ro-. a. Date