The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1918-12-28
CANYASSERS
MUST DEFEND
THEIR ACTION
Order to Show Cause Served on
State Officials BY Su-
preme Court
AFFECTS = LEAGUE PLANS
Should Ruling on Amendments
Be Knocked Out, N. p.
Will Be Stranded.

BY order of the supreme court no.
tice was served today on Attorney
General William LANCER, Secretary Of
State Thomas Hal, State Auditor Karl
kositzky, State Treasurer John Steen
and Superintendent of Public Instruc-
tion N. G. Macdonald, directing them
to appear January IA to show cause
why there should not issue writ of
certtOrari prayed by Theodore G. Mel
son, secretary Of the Independent Vot.
ers association, for q review of the
proceedings of the state canvass
hoard in canvassing the vote cast for
and against the seven amendments in
itiated by the Nonpartisan league at
the recent general election.
Attorney w. H. Stutsman of Man.
dan is appearing as counsel for the
Independent Voters association
The courts order, issued late Fri.
day afternoon, will not halt any legis.
lative proceedings which may be plan
ned under the league amendments
which three members of the state
ried by majority OF the votesscast
severally for! and against" such
amendments. The issue will be decid-
ed January IA on the order to show
cause. Upon the outcome OF this
hearing will depend the fate Of the
leagues whole economic program for
North Dakota. II the supreme court
at this hearing decides that the writ
prayed for should issue, it will prac-
tically mean a reversal of the action
of the canvassing board majority on
the league amendments, and this will
mean the failure of its state.owneF-
ship, taxation and public Indebtedness
with0ut-limit planks. Without these
the league will be able to put through
little Of the Legislation which has been
contemplated. , e..
The supreme court is asked to re.
view the recent action of the state
canvassing board in declaring all Il
the league amendments, carried in an
application I fora writ .oE certiorarf
filed today by w. E. Byerley, chair
man OF the democratic state centl al
committee, and Theodore G Nelson,
secretary of the Independent Voters
association.
Five sof the seven amendments in
itiated by the league at the recent
general election did not receive u ma
jority OF all the votes cast, as re-
quired bys the initiative amendment
to the constitution. Acting upon an
opinion from Attorney General Ian
ger to the effect that only majority
of the votes cast severally for and
against the amendments was required,
a league majority of the state can
vassing board declared them carried
Secretary Of State Thomas Hall. a
Lacquer, and State Treasurer John
Steen, an independent, united in a
minority report helding that only the
two amendments which received ma
jority of all the votes cast were car
ried.
The petitioners in applying to su'
preme court recite that the league
majority on the state canvassing board
'in making said determination and IN
declaring that the five proposed
amendments initiated by petition.
above set forts as having received
less than a majority of all the legal
votes cast at said general election,
were carried. and adopted, the salo
board of canyassers exceeded its auth
ority and acted illegally and especla.
ly in contravention of paragraph z OF
section 2O2 of the constitution of the
state Of North Dakota. Affiants there
fore pray that the honorable, the SUI
preme court of the state of North "a
kota. cause q writ of certiOrari to be
issued out of said court tos the said
state board of canyassers and to al!
the members thereof, requiring thai
all the records, papers and facts III
reference to the matter herein com
planned of may be certified to the SUI
preme court. to the end that 1t may
be informed in relation to said mat
ter, and may vacate, annul and SCI
aside said unlawful proceeding, or
grant such other relief therefrom as
Justice and law may require
-Four members of the supreme cour'
were elected by the Nonpartisan
league. They are Associate Justices
Luther E. Birdzell, F. H. Grace, }. +
Robinson and H. A. Bronson, the last
named having been elected for the
term beginning January =. 1919, ano
now filling out the unexpired term OF
former Chief Justice A. A. Bruce by
appointment from Governor Frazier.
Associate Justice Robinson, altho
Lacquer, has already publicly express
ed his opinion as to the action OF the
state canvassing board, agreeing Will
the stand taken by Secretary Of
State Hall.
The five amendments which are ir
issue relate to publisc ownership Of
industries, to removing the limit from
public Indebtedness, to the manner o.
adopting constitutional amendments
to taxation, authorizing the legisla
aure to exempt from taxation all per
sonal property, including improve
ments on lands, and to the manner
in which emergency measures may bt
given immediate effect. These fivt
amendmnts embody the changes which
the league considers most vital t.
the success of its economic program
and all of them receives less than
majority of all the votes cast at thu
ast general election.
The sixteenth legislative assembly
which the League expects to act unde1
the amendments which 1t has declared
carried convenes January 5, and i
il anticipated that II the court grants
the writ requested It will be made i'm
mediately returnable, and no time vii
be lost in reviewing the action Of tht
1>n>ra ~ ronv~uuor.G and in ha n6}nf