The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1919-01-04
LEGISLATURE
MUM ON EARLY
SESSION WORK
League S0lOns Decline to Say
What Effort Court Ac.
tion May Have.
PLENTY OUTSIDE PROGRAM
Miscellaneous Legislation will
Occupy Opening Days
Of Assembly.
PLENTY OUTSIDE PROGRAM

PfedlCtlOnS as to how far the six
teenth assembly will 30 toward carry
ing out the league progra munder the
five league amendments now In liti-
cation before the supreme court hands
down its decision In the matter, some
time after January IA, can be based
on nothing stronger than the most
gossamer conjecture. League legis-
lators now at the capital are friendly
and agreeable but not bit talkative.
This applies to even such an old
stager as Richard McCarten of Cogs-
we'll, who is newt to Senator Gibbens
of TOwner the oldest member of the
upper house in point of service. II
have some ideas on the subject" said
Senator McCarten this morning, "but
am not making them public now.
They will al come out in the course
of the next sivty days"
William Lemke, chairman of the re-
publican state central committee and
sub.dictator of league policies. says
nothing at all. He was kind enough to
admit this morning that The Tribune's
review Of probable recommendations
to be included in Governor F'razier's
inaugural was "fair" but he would not
be quoted as to the correctness of all
the surmises. Nor would he say what
he thought the legislature would do
during the week which must elapse
before the supreme court has an on
p0rtupity to pass on the league amend
ments. -',,. ~. ,,F, $50.
sam.. Court Will Uphold
Unless the supreme court wishes
TO reverse three former North Dakota
supreme courts and to place the pro-
hthition amendment to the constitu.
tion in. jeopardy, It will uphold the
opinion of Attorney General LANCER
under which the state canvasstne
board acted said an o'd-time poljti'
col manager now friendly to the
league. this morning. "Begiuntne
way back year or two after state
hood. when Judge Bartholomew was
oi, the bench: he wrote an opinio'l
which squares exactly With the con.
tentions, of. General Larger: At tba'
time an. offender, under the prohlb'.
tion amendment applied, for a writ OF
habeas CORPUS, contending that North
Dakota had no prohibition amend
mont. inasmuch as Article 20 had not
been aproved by a majority OF all the
votes cast at the constitutional e'ec'
ton. judge Bartholomew. who wrote
tie decision in which the first su'
nreme court OF North Dakota unanl
mously coucurred. held that a major
itv of all the egal votes meant a ma
ioritv OF the votes cast 1or ano
AGAINST the particular question. and
no other votes cou d be considered IN
arriving at q majority. The opinion
has stood ever since, and Judges Cor
liss and Spalding in subsequent op'n
ins. quoted by General LANCER, nave
taken the same stand.
'Now. If the supreme court rcverSeS
it's predecessors and declares that a
naiority, Of all the 1egal votes east
means exactly what the Language
would convey to the average layman
then We have had no prohibition
amendment these 80 years, and Nori'
Dakota is not dry today. Efforts tf
carry the question of the constitutions
a1itv Of our prohibition amendment tc
the United States supreme court have
been blocked by some OF the very pcO
ule who now are reversing themselves
In their attitude toward the league
amendment vote. :,
"The supreme court Of the United
States never has ruled on the question
Of what is meant BY majority OF all
tho legal votes cast ut ali election inc
supreine court has held that only
votes actually cast at such election
may be used in arriving ut a tota
and that we cannot 60 back to the pol
lists and use their aggregate as tho
total Of all the legal votes cast ut al
election" n
NOT LONG TO WAIT -,
The legislature meets next TueseiaH
noon; the supreme court will hear !Iit
state canvassing board on citation
TO show cause the following Tuesday
mt 10 o'clock in the morning. 1t Il
,r,,bable that not more than a day 81
two will be consumed by the court II
arriving ut it's decision. All of tht
remainder of next week will be utilized
in completing the organization of thu
assembly. and there Is an abundance
Of legislative grist not dependent il
any way upon the fate Of the league
amendments to which the law-maker'
may devote any spare time which the,
may have before the courts decision
comes down.
The legislators held an Informal eau
Gus last evening. when faction lll
friendly to Secretary Of State Hall in
.iected criticism Of his recent indepeni
ence in declining to agree with tn
league majority OH the canvassin,
board in its attitude toward the league
amendments. An effort to frame vi
any general drive upon the secretar!
Of state. however. will not. II Is ap
parent. get very far. as much rs som'
Of his local enemies. long antagoDisti'
toward him because of his political TN
dependence. would like to see him cas-
tigated
70 BUILD TERMINALS.
st. Paul, Jan. THE Minnesota
legislature will be asked to adopt I
resolution calling upon congress t
PASS legislation requiring railway
to build terminal eeva4ors at Atanti,
seaboard points TO ren0ye econgea
tioa.