The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1918-12-10
ROLLER rs USED
by LANCER FOR
DECLARING The
'ANENDNENTSOVER
Nonpartanized State Off
Gals Garry Out Plan
With No Detail
Missing

bismarck, N. D, Dec. 1e.-The
manner In which the Nonpar4ia Il. :
pound members OF the state canvasa.
ing board carried into effect the or.
der TO declare passed the five mi.
uated constitutional amendments
that failed to obtain, "a majority of
ali the legal votes cast in sunh
eIecuonE as defined by the state
constitution, forms an interesting
snapter OF the latest development of
socialism in. official North Dakota
! When the canvassing board met
Secretary of State Thomas Hail pre-
sented a certificate showing that The
| three amendments submitted bv the
legislature had carried, and that two
initiated amendments, that on the
| hall insurance and that amending the
initiative and referendum, had passed
by the required majority The GER
tificate showed that the five other
amendments had failed of the re-
Quired vote.
The attorney general than substi-
tuted for the secretary Of states cer-
tificate one which had been prepared
| by State Auditor Kositzlky, and he Of
fered on the initiative and referen-
dunn amendment a motion that
| whereas majority of the voters
Il
voted for this amendment"
LANCER Takes Lead.
Here State Treasurer Steen, CHAIR
man Of the board, objected, declaring
he could not put the motion in such
form, inasmuch as it was not legal.
Mr.. Steen stated this amendment had
majority of all the votes cast in
! the recent election and was legally
| carried, and that if Mr.. LANCER would
change his motion to so state the
facts he, Steen, would put it and sup
port it. LANCER declined to change
his motion, and 1t was put and car
ried, LANCER, KositZl1y and Macdon-
aid voting yes, and Hall and Steen,
no. Hall then moved that the amend
ment relating to the initiative and
referendum as applied to legislation,
there having been 94,055 votes cast,
of which 47,447 were for and 32.598
against, and 1t appearing that ma
Jorfty, Of all those participating in the
ELECTION had voted for the amend
ment, the same be declared carried
Steen seconded this motion. LANCER
moved that it be laid on the table,
which was done by vote of three
to two.
Courts Support Hall.
ney general to state the authority
for his action. LANCER, declined to
add anything to the opinion. Hall
then cited a number OF opinions hold
ing directly to the contrary, referring
to the Omaha case in Nebraska, to a
Wyoming case and to decision Of
the North Dakota supreme court. He
also quoted Justice Ryan's remarks
on Judgments from policy rather
than principle"
The opinion is upheld in every par
ticular by Idaho, and the North Da-
kota supreme court has passed on
the question. Judge Spalding defines
every~word Of the clause upon which
objection to our procedure is based,
"a majority OF all the legal votes
cast The decision of the North Da-
kota courts should govern in this
matter" said Mr.. Hall.
Steam Roller Applied.
The steam roller was then applied
again in the case of the emergency
amendment, LANCER moving that it
be declared Carried and adopted" by
a majority Of all the votes voting
thereon, while tabling Halls substi-
tute amendments that, there having
been 94,055 votes cast, of which 49,
121 were cast in favor and 32,507
against this amendment, and it APP
pearing that majority Of those
participating in the general election
did not vote in favor of this amend
ment, it is hereby declared lost"
The same method was applied in
each of the other five amendments, in
each instance Steen and Hall voting
in the minority, on identical motions.
Frazier Witnesses Affair.
Governor Frazier, with a pleased
smile, was an interested spectator at
the proceeding, which was peaceable
in spite of a radical variance of opin-
ion between the majority and the
minority.
The stand taken by Secretary OF
State Hall and Treasurer Steen that
this requires majority of all the
votes cast at the general election was.
commonly accepted by leaguers as
well as those opposed to the amend
ments until semi Official returns in
dictated that under these terms the
five amendments most essential to
the league would be lost. Then a
change of front became apparent,
eliminating in the affair Of Monday.