The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1918-11-20
LEAGUE To ASK
SUPREME COURT
TO AMEND'LAW
Will Urge That Favorable Con-
structiona Be Given Vote
on Amendments ,4..a. F..
PRESENT READING CLEAR
Initiative Plainly Says Proposals
B., Must Have Majority of ~.s.
All Ballots .tJ
PRESENT READING CLEAR

Tho Townley organization today
serves notice, on North Dakota,
through the |C6urier-News, official
daily organ Of the Townley interests,
Of its intention to seek from the SUI
preme court approval OF the league
amendments which was denied at the
November general election, when the
Townley program received the en-
>dorsement Of considera bly, less than
half the legal electors participating IN
this election. @.s-i ~ ..s5
i,s.l. Organ Sounds Warning. sa,-r
The Courier News introduces an ed
itorial headed ''Emphatic Approval!
Of Amendments" with this paragraph:
While the courts will proha2ly' de-
terlnine the fate Of the amendments,
one fhct stands out very clearly--the
people of North Dakota are over
whelmingly in favor OF. every one or
them" }.
The Courier-News then proceeds to
argue that inasmuch as $4,000 OF
North Dakota's more than 100000 PEG
pie expressed positive approval or
the amendments at the. polls. while
only $4,000 expressed positive disap-
proval, therefore "There is no ques-
ton as 10 public sentiment 49,.
Stiffening for Back Bones. -.
The. editorial throughout is devot-
led TO bolstering up a. ruling when
will be asked OF the, supreme court,
four-fifths of whose members will be
Comparisons after December /, to
the effect - that the amendment
providing for the amendment" OF the
constitution by initiative does not
mean what it clearly says IN the toi'
lowing paragraph: -
Should any such amendment or
amendments proposed by awe
petition and submitted to the people
receive a majority Of ALL TEE LIZ
GAL VOTES CAST AT SUCH GEN.
ERAL ELECTION, such amendment
or amendments shall be referred to
the next legislative assembly. and
should; such proposed amendment or
amendments be agreed upon by a ma
iority of all the members elected to
each house. such amendment or
amendments shall become a part or
the constitution OF this state. -
~ What Amendment Provides.
The constitutional amendment pro-.
viding for the amendment OF the con.
stitution through the Initiative ana
referendum was first introduced IN
the form of a concurrent resolution
by Sen A. S. Gibbens in 1911. A dis
tinction is clearly made between
amendments referred by the legisla-
ture and amendments initiated by the
people. as to what shall constitute q
majority. The first method OF amend
ing the constitution provided is by
referendum and the amendment states
as to\amendments referred by the leg
islative assembly IF the people shall
approve and ratify such amendment
or amendments by a majority OF the
electors qualified to vote Tor mem.
bers OF the legislative assembly VOT-
ING THEREON, such amendment or
amendments shall become part or
the constitution, of this state
In he-secOnd provision, which de-.
scribes the manner in which amend
mcnts may be initiated, the term "a
majority Of all the legal votes. cast at
such general election is used several
times, apparently with the clear in
tent that Il majority OF ALL the cleo
tors participating in the general cleo
ton at which proposed amendments
amendments.
Towney's Demands.
Mr.. Townley intends to ask the su-
preme court Of North Dakota to hold
: to the contrary; to set aside the PLAIN
words and evident intent OF the IN:
itiatfye amendment as finally ratified
by the people after having been pass
ed upon by the legislative assemblies
of 1911 and 1872. and to hold that
only majority Of all those actually
voting upon the question submitted IS
necessary. 81 s.-. a..
Both factions in the recent campaign
emphasized the fact that failnreTto
vote at all upon the amendments
would be as positive an expression OF
dfsapproyal as a negative vote on the
question. The league warned its
= members against apathy and indiffer'
ence as certain method of defeating
the, amendments; the joint campaign
committee urged electors to either
vote no or to refrain from voting at
all, assuring the electorate that the
same end would be achieved Elec'