Grand Forks herald. [volume] (Grand Forks, N.D.) 1916-1955, 1918-12-28

The supreme court is asked to re.
view the recent action of the state
canvassing board in declaring all of
the league amendments carried in an
application for a writ of %certiorari.
filed yesterday, by W. e. Byerley,
central committee, and Theodore G.
Nelson, secretary Of the Independent
Voters association.
Five OF the sever amendments int-
tiated by the league at the recent
general election did not receive a ma
jority of all the votes cast, as required
by the initiative amendment to the
constitution. Acting upon an opinion
from Attorney General LANCER, to
votes cast s%everally for and against
the amendments was required, a
league majority Of the state canvass
ing board declared them carried. Sec
rotary of State Thomas Hall, a leag-
uer. and State Treasurer John Steen,
an independent, united in a minority
report holding that only the two
ity of all the votes cast were carried.
The petitioners, in applying to the
supreme court, recite that the league
majority on the state ~canvassine
board 'in making said determination
and in declaring thai the five propos-
ed amendments initiated by petition,
above set forth as having received
less than a majority of all the legal
votes cast at said general election,
were carried and adopted, the said
board of canvassers exceeded its au-
thority and acted illegally. and es.
pecially in contravention of Paragraph
2 of Section 2O2 of the new Consti.
tuition of the State Of North Dakota
Affiants therefore pray that the hon
orable, the supreme court of the
State of North Dakota, aus a wri'
Of certiorari to be issued out OF sale
court to the said state board of can
vassers, and to all the member.
thereof, requiring thai all the rec
ords, papers and facts in reference tt
the matter herein complained of rna.
be certified to the supreme court Il
the end that it may be informed II
relation to said matter. and may va
cate, annul and set aside such unlaw
full proceeding, or grant such othel
relief therefrom as justice and Law
may require"
Four members of the supreme cour
were elected by the Nonpartisal
league. They are Associate Justice
Luther N. Birdzell, r. II. Grace, J
T.. Robinson and H. A. Bronson, tn
last named having been elected TO
the term beginning January /, 1918
ana now llIlluS OuI lie ullSApAlS
term of former Chief Justice A. A
Bruce by appointment from Governo
Frazier.
Associate Justice Robinson, al
though a Lacquer, has already pub
licly expressed his opinion as to tn
action of the state ~canvassing board
agreeing with the stand taken by Sec
retaryt Of State Hall.
The five amendments which ar
-. ~~,,~ solofo IN thu rJvhIio nUnn Y
ship of industries. to remove the limi
from public Indebtedness, to tn
manner of adopting constitutions
amendments, to taxation, "authorizin
the legislature to exempt from taxa
ton all personal property, includin
improvements. OF lands. and to tn
manner in which emergency measure
may be given immediate effect. Thes
five amendments embody change
which the league considers most vita
to the success of it's economic pre-
gram, and all of them received les
than a majority Of all the votes cas-
at the last general election.
The sixteenth legislative assembl!
which the league expects to act unde
the amendments which it has declare
carried, convenes January 5, and 1t
anticipated that if the court grants tn
writ requested it will be made imme
diately returnable, and 40 time wi
be lost in reviewing the action Of tn
board of c~anvassers and in handin
down the decision of the court