Grand Forks herald. [volume] (Grand Forks, N.D.) 1916-1955, 1919-04-04
CHRISTlANSON SHOWS
H0WCANVASSlNC BOARD CHANGED
MEANING OF Nd. CONSTITUTION
Authority Wa. Exceeded, Is Guardianship Mean
tinssNot Intended |: Read Into Doeument-Town-
81 ley Suppresses Article 10 Pamphlet.

In his, opinion dissenting from the
decision + of the other supreme court
jEstices lnGathe constitutional amend
ment case. Chief Justice Christianson
sets forth some very clear arguments
to show that the state c~anvassing
hoard exceeded its authority in read
ing into the constitution a subtle
meaning that was not intended by Its
trainers, The other justices held that
the canVassing board was right. and.
therefore, denied h writ of certiorart
asked for.
Chief Justice Ch%ristianson's dissent
ing opinion was handed down last
Wednesday, and because of its impor-
tance it: is reprinted below. A. G.
Townley refused to let the opinion be
printed in the publicity pamphlet that
the Industrial commission is to get
out for the referendum election.
Chief Justice Christianson's opin-
ion follows:
State ex~rel. Byerly VS.. state board
Of canvassers.
Christianson, Oh. j. (dissenting).
What number of votes Unnecessary to
fatify q constitutional amendment
proposed by initiative petition? That
is the question which 1t Is sought to
have determined in this proceeding.
The methods of amending the con.
stitution are prescribed by section 2o2
OF the state COnSLltutAoH. 1AS cAsAAo
section reads as follows:
FIRST: Any amendment or amend
ments to this constitution may be pro-
posed in either house of the legisla-
tive assembly: and II the same shall
be agreed to by a majority of the
members elected to each OF the Two
houses. such proposed amendment
shall be entered on the journal OF me
house with the yeas and nays taken
thereon, and referred to the legisla-
tive assembly to be chosen at the next
general election. and shall be pub
lished, as provided by law. for three
months previous to the time OF max
ing such choice. and il In the iegisla-
tive assembly SO next chosen as afore-
amendments shall be agreed to by a
majority Of all members elected to
each house. then it shalt be h duty
of the legislative assembly to submit
such proposed amendment or amend
ments to the people in such n
and at such time as the legislative
assembly shall PROVIDE: and II the
amendment or amendments, by q ma
tority Of the electors qualified to vote
for mernbers Of the legislative as
sernbly voting thereon. such amend
ment or amendments shall become a
part Of the constitution OF this state.
II two or more SHALL oe
submitted at the same time, they
shall be submitted in such manner
that the electors shall vote for or
against each Of such amendments
separately.
Second: Any amendment or amend
ments to this constitution may also be
proposed by the people by the filing
with the seer>tary Of state. at least
ak months previous to the general
election. Of all initiative petition con-
tanning the signatures Of at least
twenty-five PEI cent OF the legal vot-
crr i'm each Of not less thar one-half
of the counties of the state. When
such petition has been properly filed
the proposed amendment or amend
ments shall be published as the legis-
lature may provide. for three months
previous to the general election. and
shall he placed upon the ballot to be
votds upon BY the people at the next
general election. Should any such
amendment or amendments proposed
by initiative petition and submitted
70 the people receive a majority Of all
tho legal votes cast at such general
elecA4on, such amendment or amend
ments shall be referred to n lei
legislative; assembly; and should such
proposed amendment or amendments