Grand Forks herald. [volume] (Grand Forks, N.D.) 1916-1955, 1918-12-09
Vote Goes Three to Two
Thomas Hall and Steen
Oppose-Legislature Will
Act Unless Taken to SUI
preme Court Before JAN
uary.

Bismarck, N. D., Dec. o.-The state
canvassing board this morning de-
clared passed the ten constitutional
amendments submitted to the voters
at the recent general election. five OF
which failed to obtain the majority
"of all the votes cast IN the general
election" as provided by Section 202
under which they were initiated by the
Nonpartisan league.
Three members of the canvassing
board-Attorney General William
LANCER, State Auditor Carl Kositzky
and Superintendent Of Public Instruc-
ton N. G. Northumberland in cre-
ating majority to declare the amend
ments passed.
Secretary of State Thomas Hall and
State Treasurer John Steen declined
declaring the amendments passed. and
after the canvassing board met. they
issued statement explaining their po-
sition, declaring that opinions prepar-
ed by Attorney General LANCER to the
contrary Notwithstanding, the section
under which the amendments had
been submitted clearly provides that
have "a majority of all the votes cast
in the election" They call attention
to the fact that the first paragraph of
the same section, @202) providing for
the enactment of laws by initiative Pc
tition, provides that such proposed
laws must have a majority only Of the
votes least thereon" while the con-
stitutional amendments must have "a
majority Of all the votes cast in the
election
Messrs. steen and Hall also said, In
their statement. that there Is a mass
of supporting court decisions, all
pointing to the same view.
Ad {,1@i {A1 or
Nonpartisan league members of the
canvassing board are using decision
in the Mountrail county seat case,
written by B. F. Spalding Of Fargo
when he was a justice Of the supreme
court. as governing. This decision,
covering another section Of the consti-
tuition, held that to divide county
cast upon such division question.
Today's action by the canvassing
board majority throws the issue
squarely up to the state legislature
when it convenes In January, or it
may be taken into the courts prior to
an amendment to the constitution, If
approved by the people, goes to the
legislature for approval. 1t does not
become part of the constitution until
a majority Of each branch of the legls-
lature has approved. Should the legis-
lature fail to approve. the amendment
proposed would go back to the people
for a second vote. being up at the next
succeeding general election.
Some political observers about the
capitol building took the view today
that the Nonpartisan league members
Of the canvassing board had taken the
easiest way" in dealing with the
mand made upon them by William
Lemke vice president of the National
' Nonpartisan league, and personal rep
). resentative on the ground for A. G.
Townley. BY declaring the amend
ments passed, these observers hold
that the Nonpartisan officers keep
themselves in good standing with the
buck" to the supreme court. The
court now is made up of four Non
partisans-Messrs. Grace, Birdzell,
Bronson and Robinson, and one men,
Der who was elected before the court
was dragged into politics-Justice
Christianson.
The five amendments that lack "a
majority of all votes cast in the cleo
tion." and declared by the Nonpartisan
canvassing board majority as being
passed, include those authorizing the
+. state to engage in all kinds of indus
tries, the removal of the debt limit,
the single tax, the amendment of the
amendments by, initiation, and the
amendment dealing with measures
that may be declared emergency
measures, and the method Of doing So
Two initiated amendments have the
required majority. being those relative
to state hail insurance and the amend
ment of the initiative and referendum
with three of the amendments de-
clared carried, are those submitted by
the legislative. All members of the
:. board approved the vote on these five
amendments.
When the Socialists who dominate
the Nonpartisan league and control
the official actions of practically all
members of the present state admin
istration decided that they would
have to override that they have de-
fined as the constitutional require
men that an initiated amendment
must have a majority of all votes cast
in the general election. in order to
put such amendments into the con-
=" stitution and carry into effect their
program of state ownership of varied
CONTINUED on Page 5.)