The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1918-12-09


1t does not become q part of the
constitution until a majority of each
branch of the legislature has ap-
proved. Should the legislature fail
to approve, the amendment proposed
would go back to the people for a
second vote. being up at the next
succeeding general election.
passing the Buck"
Some political observers about the
capitol building took the view today
bers of the canvassing board had
taken the easiest way" in dealing
with the amendments, in response
to the demands made upon them by
William Lemke, vice president of
the National Nonpartisan league,
and personal representative on the
ground for A. C.. Townley. By de-
claring the amendments passed,
these observers hold that the Non
partisan officers keep themselves in
good standing with the league lead
ership, while they ''pass the buck"
to the supreme court. The court is
now made up of four Nonpartisans:
Messrs. Grace, BirdZell. Bronson and
Robinson, and one member who was
elected before the court was dragged
into politics-Justice Chrlstianson.
Most Important Amendments
The five amendments that lack ga
majority of all votes cast in the
election" and declared by the Nom
partisan canvassing board majority
as being passed, include those au-
thorizing the state to engage in all
kinds of industries, the removal of
the debt limit, the single tax, the
amendment of the section relative to
constitutional amendments by in
itiation, and the amendment dealing
with measures that may be declared
emergency measures, and the meth
cd of doing so. ..
Two initiated amendments have
the required majority, being those
relative to state hail insurance and
the amendment of the initiative and
referendum, while three of the
amendments declared carried, are
those submitted by the legislature.
All members of the board approved
the vote on these five amendments.
The LANCER Opinion.
The opinion by William LANCER rel
alive to the vote requirement was an
nounced at Bismarck late Saturday,
although 1t is known to have been
completed some time ago That por-
ton dealing with the question at is
sue, in which the attorney general
seeks to Justify the procedure of the
face of the prediction declarations
of Messrs. Townley and Lemke, fol-
lows:
The question raised and upon which
my opinion is requested with respect
to the ten constitutional amendments
voted upon by the people Of this state
at the last general election is this:
nnk tn 80 4f "a M
to be placed upon the phrase, "a ma
jority of all the legal votes cast at
such general election" which appears
in the second paragraph of the amend
constitution of the state of North Da-
koa, which reads as follows:
Second. Any amendment or
amendments to this constitution
may also be proposed by the peo-
pie by the filing with the secre-
tary of state, at least six months
previous to a general election, or
an initiative petition containing
the signatures of at least rs per
cent of the legal voters in each of
not less than one-half of the
counties of the state. When such
petition has been properly filed,
amendments shall be published as
the legislature may provide, for
three months previous to the gen
eral election, and shall be placed
upon the ballot to be voted upon
by the people at the next general
election. Should any such amend
ment or amendments proposed by
initiative petition and submitted
to the people receive q majority
of all the legal votes, cast at such
general election, such amendment
or amendments shall be referred
to the next Legislative assembly;
and should such proposed amend
Il A,&- %a .uFr aA
upon by a majority of all the
members elected to each house,
such amendment or amendments
/ shall become part of the constt-
tuition of this state. Should any
amendment or amendments pro
posed by initiative petition and
receiving a majority of all the
votes cast at the general election
as herein provided, but failing TO
receive approval by the following
legislative assembly to which 1t
has been referred, such amend
ment or amendments shall again
be submitted to the people at the
next general election for their ap-
/ vious general election. should
such amendment or amendments
receive a majority of all the legal
votes cast at such succeeding
general election such amendment
or amendments at once become u
part of the constitution of this,
state. Any amendment or amend
ments proposed by initiative petit
ton and failing of adoption, as
herein provided, shall not be
again considered until the expira-
tlon Of six years.
There now remains but one other
construction, which is that each
amendment should be approved by 2
majority of all the votes cast on that
subject at such election.
This matter has been thoroughly
discussed and decided by an illumin-
aTing and able opinion rendered by
Justice Spalding in the case of state
ex rel McCue, attorney general, ys.
Blaisdell. secretary of state, ct al, 1l9
which grew out of the county division
elections, involving Ward and Noun
trail counties, in 1908. The issue in
that case hinged entirely upon section
16S of the constitution of this state,
which reads in part as follows:
"Al1 changes in the boundaries
of organized counties before tax
ing effect shall be submitted to
the electors of the county and
- counties to be affected thereby, at
q general election and be, adopted
votes cast in each county at such
elections"
State Decision In Point.
In said section 1853 of the constitu-
ton of this state as above Set forth
there is found exactly the same clause
as that contained in section 202, upon
which this question is raised, with the
single exception, that since the SUD
ject matter of section 1853, though yot-
ed on at a general election has to do
only with the boundaries of organ.