The Bismarck tribune., 1919-03-29
BY request of Governor Frazier

lulS Stdlt. IAllt vi
mentS proposed by initiative petition
and failing of adoption, as herein pro-
vided, shall not be again considered un-
til the expiration of six years"
The first subdivision of the section
was embodied in the constitution adopt,
ed in 1882 the second subdivision was
adopted as Il constitutional amendment
in 1914. iF IA
Clear Destination Made.
1t will be noticed that it is provided
that an amendment proposed by the
legislative assembly (under the first
subdivisiOnl shall be approved 'by Il
ma ajoritya of the electors voting therein
and that an amendment proposed by
initiative petition (under the second
subdivisiom. shall "receive'a majority
of all the legal votes cast at such gen
cral election" i. G. the general cleo
tion at which the amendment is sub
mitted. The question here is Do
these two phrases mean the same
thing? And did those who framed
and those who adopted the second sub
division intend to say in the latter
phrase the same thing which had been
said in the former phrases?,l II
T TIL objct of construction as ap'
plid to "a writtn constitution, is to
ascertain and give effect to the intent
of its trainers. and Of the people III
adopting it, But "the intention to
which force is to be given is that which
embodied and expressed in the constl-
tutional provisions themselves. Words
or terms used in constitution. being
dependent on ratification by the people
must be understood in the sense most
obvious to the common understanding
at the time of its adoption" Is H. {.
!, J.. p. 52). "a constitution is an in
strument of government. made and
adopted by the people for practical
purposes. connected with the common
business and wants Of human 2slife
For this reason preeminently. every
| word in it should be ,expounded in its
! plain obvious and common sense.
(Peo. VS.. n. Y. Cent.SsR. Co,,24 n. Y.
4S5-2S6y.
Words in Natural Sense.
As the great Jurist Marshall. said :,
| the trainers of the constitution. and
| the people who adopted lit. must he
understood to have employed words in
| their natural sense. and to have intend
! ed what they have said" (Gihhons
vs. Ogden. 3 Wheat. /. 1851 The noted
! Judge Cooley. said: & <
| Marrow and technical reasonin. Is
! misplaced when it is bronght TO bear
upon an instrument framed by the peO'
| pie themselves. for themselves. and de-
signed as u chart upon which every
man. learned and unlearned. may he
able to trace the leadin: principles Of
! government tCooley'S Ccnst. Lin.
| 7th Ed 93) The people who adol'l
): constitutional provision doubtless
! judge ''it by the meaning apparent or
| ITS fsre'' tSmith VS.. ThNrsby. -
, Nd. 244. o69). OF course there are
certain words which are employed IL
! a technical sense. such for instance a
the term "eX post factO laws. Nhel
{. such wards or terms have acquired !
! well-unlerStood meaning. it must hs
!, supposed that the people had sucl
/ meaning in view in adopting them
"The technical sense in these cases Is
the sense popularity understood. be
! cause that is the sense fixed upon the
words in legal and constitutional his
t. NleIe pSNii "
! for the protection of popular rights.
(Cooley's Const Lin. tn Ed. 94. Blu
the words and terms of constitu
tion "are to be interpreted and under
stood in their most natural and obvior.
/ naming. unless the subject indicated
4 or the text suggests. that they have
been used in technical sense" Ant
''the presumption is in favor of thu
natural and poular meaning in whici
the words are unjustly understood b,
the peopiel who have adopted them
i Q3 c. ]. 705-7O6l-
i It has been said that "in interpreta
tion the first impression made by ;
4 writing is an important factor. be
cause the writing is then being festet
i in the same manner that the write
expected and in the same manner tha
the writer prepared the writing to b
recefvedr.
i It has also been said that .sit is gen