The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1918-10-12

October II, 191S--Delighted am !
with the recent decision of our court
sustaining the right OF the people to
amend the constitution. It is a new
declaration Of independence: it set
ties great question for all time
II is the final triumph of great
civic right over great wrong.
1t is said that at the last general
election Justice Robinson obtained his
great majority, of $1,000 votes by
promising to reverse the decision
against the right OF the people to
amend the constitution, but that is a
sorry compliment for the decision
which has been reversed, and it 1, is
not exactly true. Robinson made no
promises, except to use his best ef-
forts to put a stop to the laws delays
and thus far he has met with little
success. Hence on the court calendar
there are still fifty chronic cases and
116 appeals yet to be heard. "
Such is the force OF custom that
judges still claim it as a high pre-
rogatiye right to work, play or 60
fishing according to their own good
will and pleasure. Hence, they lay
o ffone third Of the time and the legis-
lature has made no law to lay off or
dock their pay. However, Auditor
Carl Kositzky is willing to do it. ..- 81
State OK rel VS.. Hall Is.
ROBINSON, j.. (concurring). In
this case | fully concur in the well
considered opinions by Justice Grace
and Justice Birdzell. This matter pre-
sents a petition by private citizen
to restrain the secretary of state
from publishing certain proposed
, constitutional amendments and sub
hitting the same to the voters at the
next general election. g.. ~.
| The petition for the submission OF
the amendments was duly filed March
8, 1918. 1t is signed by majority OF
all the voters. 1t was given to one
newspaper in each county to be pub
| lished six times as provided by law
during three months prior to the cleo
| ton. A..s- ...,.-
The proposed amendments were fiji
ed in the office OF the secretary OF
state pursuant to subdivision 2 OF
section 2O2 of the constitution. That
section was adopted in 1914 by vote
Of $4,000 to $4,000. 1t provides that
L " 1lCI LACIC 4S lllCU WIN VIC SCSI Clol '
of state a certain petition for an
amendment Of the constitution il
shall be published as the Legislature
may provide for three months next
preceding the general election and
shall be placed on the ballot to be
voted for at the next general election
The section consists OF two para
graphs. The first relates to the sub
mission OF constitutional amendments
by the Legislative assembly; the Sec
ond, to the submission of amendments
on petition. The objectionsf are:
1. That the amended section 202 is
void because it was not entered on
the journal OF the House in accord
ance with the original section 2O2.
! 2. That section 202 as a'"erded
consists Of two subjects and two
amendments which snould have Lee.
submitted to separate VOTE"
3. That section POP is not self-exe.
cutting because it, does not provide
the manner Of advertising amend
ments.
4. The additional reasons stated in
the Capitol Removal Case (35 n. d
f34-7S). o. TX 49,
In the Senate Journal for 1911, the
amendment is everywhere entered as
SENATE Bill No. 1853. A Concurrent
Resolution amending the Constitution
Of the State of North Dakota, Proyid-
! ing for Future Amendments thereof
In the House Journal for 1911. the
resolution is everywhere entered in
the same identical manner, and the
resolution is enterd at large in the
Session. Laws of 1911 as Chapter 50.
| In 1913 the journals show similar en-
tries and so it appears the concur
rent resolution was adopted by two
successive legislative assemblies with
out the changing OF even punctua-
ton mark. And it's place in the ses-
sion laws gave it publicity and per-
manence far greater than any entry
that might have been made in the
journals.
( Now as the law neither does nor
requires idle acts, it Is manifest that
the entries in the Journals and in the
session laws were entirely sufficient
1. 1t is not true that Section 2O2
contains two subjects or two amend
ments. Its subject is the future
amendment Of the constitution. It
provides than an amendment may be