The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1919-02-01
SUPREME COURT
UPH0LDS STATE
CANVASS BOARD
Declares All, Amendments In.
itiated by Nonpartisans
Were Legally Passed
FOLLOWS BLAISDELL' CASE

ADOPTS as ffece0ent SlNQH9f lie
cision in Matter Affecting
Former Secretary
In three opinions differing as to de
tails but concurrins in the genera
result, the supreme court late EridA,
evening upheld the action OF the stat,
canvassing board in declaring all tn,
league amendments initiated at III,
recent general election carried by /,
majority OF the votes severally cas-
for and against the various questions
Justice Birdzell writes one opinion
in which Justice Grace especially con
ours; Justice Bronson writes sec.
ond opinion and Justice Robinson s
third. Chief Justice A. NJ. Christian
son has been i'll for the last ten days
and he has reserved his opinion.
The courts III the first place decide:
the disputed question of Jurisdiction
which was raised by the state. 1t de
clares the legislative and the judicial
authority are not always analogous
and that this instance is one of the
numerous exceptions. The law. the
court holds. is superior to any indi-
vidual or any officer, and while there
is a general popular conclusion tina,
legislatures shall be permitted to
blunder on at their own sweet will
with no interference from the courts
the initiative and referendum have
created a situation in which the free
dom of so-called legislative acts from
judicial interferepces does not always
hold true. E5
The court, therefore. assumes jur-
isdiction in; the action. which it pro-
ceeds to decide along lines laid down
in the we'll kown Blaisdell case. freely
quoted in the attorney generals
briefs and in his opinion upon which
the state canvassing board based its
action.
The state canvassing board by ma
jority vote of three to five acted under
the attorney generals opinion in de-
claring all of the seven amendments
initiated by the league passed. Two
of these of the seven amendments
initiated by the league passed. Two OF
these had a majority of all the votes
cast at the general election. The re-
naming five had a majority of the
votes cast for and against each amend
ment, but not majority of all the
votes cast at the general election. The
initiative amendment to, the cOnStitu-
ton uses repeatedly the phrase, "a
majority Of all the legal votes cast
at such general election" Attorney
General Lahger'sh opinion held that a
majority"o f all the legal votes cast
could only mean majority of the
votes severally cast for and against
each proposition, and that the whole
number OF votes cast at general cleo
ton could not be considered when any
proportion Of such whole number were
balloted neither for or against the
questions in aisSile s-t's' -
The attorney general, state auditor
and the then superintendent Of public
instruction; Neil G. Macdonald, united
III a majority canvassirE board report
declaring all the amendments carried.
Secretary of State Hail and State
Treasurer Steen Joined in a minority
report holding. that only the two
amendments receiving maioHjty of
all the votes polled at the general
election had passed. A certificate of
election was issued by the canvassing
board, whose action was attacked by
w. E. Byerley, chairman of the dem
ocratic state General committee, and
Theodore j. Nelson, secretary of the
Independent Voters association, thru
application to the supreme court for
a writ of certiorari. w.
The court directed to members of
the canvassing board an order to show
cause why such a writ should not
issue, and the question was argued
the fore part of January, the attorney
General appearing for the canvassing
board and W. H. Stutsman of Mandan
for the petitioners Justice Robinson
gave his opinion to the press a week
ago, when the public generally ac-
cepted his opinion as rejecting the
probable attitude of the count The
legislature did not defer to the SUI
preme court in the matter, but pro-
ceeded to ratify all the amendments
during the first two weeks Of the SEES
sion. These seven amendments en-
body the vital features OF the Famous
House Bill "A Of the 18th assembly
and make possible the economic pro-
gram of the Nonpartisan league as
embodied in various bills establishing
state-owned banks, mills and eleva-
tors and other enterprises and issu-
ing bonds for their financing.