The weekly times-record. (Valley City, N.D.) 1912-1922, 1919-01-02
Supreme Court to Decide
Status Of Amendments

The Supreme court of North Dako-
ia has been asked to decide the sta
tus of the amendments in case
brought ON by w. E. Byerley Of the
democratic party and Theodore G..
Nelson of the Independent Voters.
Application of Writ of Certiorari
IN THE SUPREME COURT, STATE
OF NORTH DAKOTA.
State of North Dakota, upon the Re-
lation of w. E. Byerley and Theo-
dore G. Nelson, Plaintiffs,
The State Board of Canvassers, Thorn
as Hall, Secretary of State; Will
liam LANCER, Attorney General;
John Steen, State Treasurer, Carl
R. Kositzky, State Auditor; N. c.
Macdonald, Superintendent Of Pub
lie Instruction, Defendants.
State of North Dakota,
County of Cass-ss. ~.
We, w. f. Byerley and THEODORE G.
Nelson, first being duly sworn, each
for himself on his oath deposes and
says: that he is citizen and taxpayer
of the State of North Dakota, and is
benefcially interested in the subject
matter Of this proceeding and in OBJ
tanning the relief demanded herein:
That the defendant, Thomas Hall, is
the duly elected, qualified and acting
Secretary of State of North Dakota,
that William LANCER is the duly elect
ed, qualified and acting Attorney Gen
eral of the State of North Dakota, that
John Steen is the duly elected, quail
fed and acting Treasurer of the State
of North Dakota, that Carl R. Kosit-
zky is the duly elected, acting and
qualified Auditor Of the State Of North
Dakota, that N. c. Macdonald is the
duly elected, qualified and acting Sup
erintendent Of Public instruction Of
the State of North Dakota, and that
all Of said defendants, by reason Of
occupying said positions, and ex-offi-
clio, are members Of and constitute the
State Board Of Ganvassers Of said
State Of North Dakota.
That at the general election held in
said State of North Dakota upon the
9Th day of November, 1918, there were
printed upon the official ballot, and
submitted to the qualified electors Of
said state, for their approval or re-
lection, pursuant to Section POP of the
Constitution of the State of North Da-
kota, and voted upon by said electors,
ten certain proposed amendments to
said constitution, seeking to amend the
following provisions of said constitu-
ton, to-wit:
Ito amend section 2O2 of article
IS as amended by article 16, Of
relating to constitutional
/ ITO amend section 176 of article
II as amended by article 20 Of amend
ments, relating to taxation.
3-To amend section 1872 in article
~ relating to the debt limit:
ITO amend section 81 in article 2
relating to emergency measures:
5-To amend section 1876 in article
~ as amended by article Is of amend
ments, relating to public ownership Of
industries:
6-To amend section 1T in article
II, relating to hail indemnity:
ITO amend section rs in article 2
as amended by article Is of amend
ments, relating to the initiative and
referendum as applied to legislation:
$40 amend section 80, to provide
that no law shall be declared uncon-
stitutional unless at least four judges
so decide:
9-To amend section 1876 in article
7, limiting voting powers OF stockhold-
ers in cooperative corporations:
1O-To amend the Constitution by
adding section providing for state
tax on lands for purpose of hail in
surance.
That the first seven Of said propos-
ed constitutional amendments as above
set out were initiated by petitions of
the people as provided for in para
graph 2 of said section POP Of said
Constitution, and the last three of said
proposed Constitutional Amendments
were submitted to the electors after
being twice voted upon by the legis-
lative assembly, as provided for in
paragraph l Of said section 2O2 of
said Constitution.
That all of said proposed Constitu-
tional amendments were printed upon
one ballot, but so arranged that the
said electors could, and did, vote for
or against each Of such amendments
separately, as in said section POP pro-
vided for
That at said general election there
were present and voting, in the various
voting precincts Of the State, 94,055
qualified electors, who cast 94,055
legal votes at such election, as shown
by the certified abstracts of the num-
Der of votes returned by the auditors
of the different counties Of the State,