Grand Forks herald. [volume] (Grand Forks, N.D.) 1916-1955, 1919-02-03
THIS IS THE LAW

THIS is THE LAW
The Eve proposed constitutional amendments whose
status has been for some time before the state supreme
court for decision were legally adopted by the people at
the November election when each Of them received a.
majority of the votes cast on that separate proposition,
according to a decision just rendered by tho court. In the
section Of the constitution covering the case it is DIS
itinctly stated that amendments so submitted must re.
ceive a majority Of all the votes cast at tho election at
which the propositions are submitted. Another section
of the constitution, dealing with amendments submitted in
another manner, says that such amendments must be
given a majority of the votes cast thereon. The Ian
guage is entirely different. In neither case is it obscure.
The provisions are so clearly stated tina. the people gen.
orally have taken both at their exact face value, and
have acted on the assumption that two different things
were intended by the two very different forms of Ian
guage. 1t was with the idea of that difference distinctly
in their minds. fortified by instructions and exhortations
and recommendations from their political committees.
that voters of all shades Of belief, league, Independent
and what not, went to the polls last November. Nothing
was heard Of a contrary opinion until after the election,
when it developed that five of the seven proposed amend
ments submitted under the initiative had failed to re-
ceive "a majority of all the votes cast in the general cleo
ton,' according to the universal Interpretation of that
language. Then it was that a new Interpretation was
sought, and it was suddenly maintained that the people
of the state had been entirely mistaken in supposing that
the constitution meant what the average individual would
naturally suppose it to mean, and that a majority of all
the votes cast at the general election meant merely a
majority of the votes cast on each proposition, be they
few or many. :
The matter has been before the supreme court for
some weeks. and the decision just rendered is entirely in
accord with the view that the English language is to be
construed not according to its plain meaning and obvious
intent. but that it is to be twisted, and tortured. and
forced into conformity with whatever meaning it is de-
sired to place upon it. v..
Three years ago A. c. Townley. the present Socialist
boss of North Dakota. standing on the platform Of the
Fargo auditorium and discussing the candidates who had
been secretly named for the approaching primary, said in
substance: We've got to have a supreme court that
will hold constitutional the laws that we pass in the
legislature The candidates who had then been chosen
by the league leaders, and who were subsequently elected
were Messrs. Birdzell, Grace and Robinson. Last year
the league added H. A. Bronson to the court. These
four concur in the decision validating the five disputed
amendments. The fifth member Of the court, Judge
Christensen. is ill, and did not participate in the de-
termination Of the case.
The decision rendered by the court is the law, no
matter how contrary it may be to the common under
standing, to that which is known to have been the in
tent Of the trainers of the constitutional provision under
which the amendments were submitted, and to the m
depreciation which would have been placed upon the
language used by all but a negligible minority Of those
whose mother tongue is English, That decision is the
law of the state regardless of the steps by which it was
reached, and regardless Of the fact that it obliterates
most of what has been left Of the safeguards of our
constitution.
The practical effect of the decision is to validate
all of the important economic measures upon which the
legislature has been at work. The legislature is now
at liberty to incur, on behalf of the taxpayers of the state
any Indebtedness whatever. All limits have been re-
moved. BY the mere passage of a bill the state can he
plunged up to the neck in business enterprises which
may cost the people millions. No constitutional pro-
visions remain to protect the state against this risk. or
to require propositions of such far-reaching Importance
to be considered carefully and soberly, and to be sub
rnit!cd. each on its own merits. to the people for approval
Nothing now stands between the people of the state
and the widest kind of Socialistic extravaganza but the
good sense and independence of members of the leeis-
ilaturc. AS evidence Of what we have to expect along
these lines we have the character of most of the 1eeis-
lation proposed by the majority at this session. and the
fact that most Of the majority members have subordi-
mated everything of their own that makes for human
freedom and Independent judgment to the decisions OF
a secret caucus which moves solely in response to the
will of one man. 1t must be confessed that the outlook
is not encouraging, but there is an element Of conso-
lation in the fact that a high fever sometimes ha. a
short run.