Grand Forks herald. [volume] (Grand Forks, N.D.) 1916-1955, 1918-08-12
MONDAY EVENING. AUGUST IL. 1918.
HOUSE BILL a.

N s@ IVVV6 O1AA 37s LS.s gR -
A reader who has but recently settled in the state
asks The Herald for a description of House Bill a.. Of
which he. has, heard something since his arrival, but
with which he is not familiar. Possibly. there are others.
And And In these days Of rapidly moving events, when the
things OF yesterday are so quickly forgotten. II NAV not
De amiss for even those who have been familiar with
n state developments of the past few years to refresh
their memories with reference to a piece Of attempted
legislation which contained possibilities OF a nature 80
important to the state.
In the first place, it must be remembered that North
Dakota Is governed under a constitution which was
adopted by its people, and which, in all purely state at
fairs. is our supreme law. Under the authority Of that
document our state legislature and all subordinate gov
erning bodies exist and operate. BY virtue of its pro-
visions, all public officials hold their positions and per-
form their dutes. No act contrary to its provisions is
lawful. It may be changed or amended at the viii Of
the people, but only in accordance with its own pro-
visions made for that purpose.
During the early days Of the organization Of the
Nonpartisan league, in the spring Of 1915 and thereafter.
its managers announced a program for that organization,
which included a number Of items, such as the establish
ment by the state Of terminal elevators. -four mills, stor-
age houses and packing plants. compulsory state hail in
surance, etc. Provisions had been made for none of
these things in the original constitution, but an amend
ment had been adopted authorizing the legislature to
proceed with the erection Of a terminal elevator. This
therefore. the legislature was at liberty to do whenever
1t saw At. -
Near the opening Of the legislative session of 1917
House Bill "A was introduced under the direction of the
league management. and the bill was subsequently
passed by the house by a large majority, receiving the
solid vote Of the league members, whose actions were
in all matters directed by a secret caucus. at whose meet
ings one or other of the governing body Of the league
was always present as the guiding spirit. The bill failed
of passage in the senate. ~
This bill provided for an entirely new constitution
for North Dakota. According to its terms the proposed
new constitution, after the bill had been passed by the
legislature, was to be submitted to the people at a spe-
ctal election to be called for that purpose in the follow
ing june, and, If narrowed at that election, it should inn
mediately go into force as the constitution Of the state.
Under the existing constitution two methods of
amendment are provided. The first is that contained in
the constitution as originally adopted. and requires an
amendment to be passed at one session of the legislature,
referred to the legislature to be chosen at the next gem
eral election. and. II approved by that body, to be sub
nnttted to the people for their approval. If the amend
ment 10 approved 1.-THE general election that action is
Anal The other methodtis that provided In an amend
ment later adopted, and known as the initiative plan.
Under that plan amendments may be proposed by petit
tion by the people themselves. and, under the plans laid
down, they may become parts of the constitution by the
act Of the people regardless Of the legislature. This plan.
however, has been held by the supreme court to be not
self operating, and to require action by the legislature
to carry it into effect. The managers Of the league iz
81 nored the constitution entirely in proposing their plan
OF Amendment. They undertook to turn the Legislature,
whose members were not elected for that purpose. into
4 constitutional convention, to have a constitution pre-
pared by q body which had not been charged with that
duty. and to have the resultant document aupersede the
2Sconstitutipn OF the state without more opportunity for
epnederation than could be found during the progress Of
= heated legislative session and for about two months
sthaseafter.
Every attorney Of recognized standing in the g,ute
who expressed himself declared that such a procedure
- sauarsly in violation Of the constitution. The SUI
prone court had In q case some years earlier declared
aHy snchs method to bs unconstitutioaal. That opinion
wAs aeAtn suppressed W Judges Corlies, spalding and
ANCasmody, ali former members lf the. supreme court, and
s##by fudge Robinson who had been nominated for the
seprsnas eotrt ii the inaiisnes d the league manage.
@psN @ands'elec ehiehy BY the votes OF league members
Az T. enberfo Of the suprerns court expressed the belief that
seton could legally be taken.
These are facts which Ars within the knowledge OF
NJ SgRAfy person vino Soitonsd fhS subject Al the time. They
MAM HS s1nattey 81 record, ana the statements can easily be
ssle1ff4asds Ths Smanassns of the league. therefore. pfo-1
III tie enactment 81 this rernarkabie bin, "a, over
2fsSa SonsttlAsOt AZ III sfass.. tos st.Bstitutef or IL III
B69EaeaSr - ~ documsnt and 10 dosso Ia i manner ab,o-
z12feyR sleassySS tog tbss vroytaons which ths people of5
ka56s4sA - Adepte4 tn ~ interest of stable and orderly
4assalks M nndsf which anendnert alter amend,
.5ltA11ysbss a4sStsd Nhensvef me peoplss f4it inter
ff 6 hkenginas S4ny p-psrttissisrS change mad1 astsrS living
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