The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1918-03-09
LEGALLIGHTS
DOUBT RIGHT j:
To INITIATE ].
- - =
Question Raised as to Whether
Capital Removal Opinion
Would Not Apply
HERALD RAISE SAME ISSUE
Former Chief Justice Spaulding,
in City Today, Declines
to Commit-.Self -; 5..

Former members Of the supreme
court and constitutional authoritie!
generally are inclined to question TIL
propriety of the course which thu
league seems to- have adopted in in
itiating the pertinent features of it.
famous house bill A., as proposed
amendments to the North Dakota con
stitutiOn. There seems to be a quite
general belief that the decision OF
the supreme court in the New Rock
ford capital removal case, in which
It was held that the initiative provis
sio fOf the initiative and referendum
act now on North Dakota's statute
books is defective, in that it is not
seIfexecutive. Legislation looking to
correct this defect was introduced at
the regular session OF legislature a
year ago, but the proposed remedies
did mot seem to meet the situation,
and the several bills drawn OH this
subject never got far. .. gr.r. VI
Judge II. B. Goss of Minot, who as
member of the supreme court wrote
the capital removal case, is in the
city today, but The Tribune has not
been able to reach him. 1t is under
stood, however, that he has expressed
the opinion that the same rule would
apply to the leagues initiative on the
constitutional amendment. Judge
burleigh F, Spalding, former chief JUS
tice,i lis also here today. He declined
to commit himself on the question, de.
claring It one which must be gone in.
to thoroughly before an opinion was
formed. ~. ~. ., ,.,...... . :, :.
Commenting editorially upon the
leagues new plan to revise the con.
stitutton. The Grand Forks Herald
says: a. :, a ~ '..5~@ n<,, ~ wv 4 "|}.
"Jnst how the legal obstacle in the
way Of this procedure is to be over
COME is not stated, but that there is
q. very important obstacle to be over.
come is certain, as will be apparent
from even casual inspection Of the
facts. ..s.....,... ..n e,...-... ....-
''The state constitution was amend
ed some years ago by the adoption of
what is known as the initiative and
referendum amendment That amend
mer1t, which is now part of the or
ganic law, provides first for the refer
ence, to the people of acts which have
been adopted by the legislature. That
portion Of the law has been held to
bevalid and self.operattve, and it has
no bearing on the present subject. The
other main provision OF the amend
ment is that permitting the initiation
OF constitutional amendments by the
people themselves. on petition of not
less than a certain stated percentage
Of the voters. This portion of the law
the supreme court has held to be self
executing, and while under it the leg
islature has authority to enact sta
tttes carrying its provisions into ef-
feet, the court has held that in the
absence of such legislation the pro-
vision remains imperative.
"The court decision was rendered
in the case involving the legality Of
the procedure by which It was propos-
ed in 1916 to submit to the voters
the question of removing the satte
capital from Bismarck to New Rock
ford. Petitions for this purpose were
and signed, and were filed
with the secretary of state. Applica.
ton was made to the courts for an
order restraining the secretary of