The Miller press. [volume] (Miller, S.D.) 190?-current, 1919-05-01
Stuff AMENDMENT
HELD TO BE LEGAL
Attorney General States Legal Netice
Was Given To Voters

Sioux Falls, April 2S.-That the
contention of Joe Kirby that the sur
fage amendment was not properly
brought before the people to be voted
upon and might be invalid is denied
by Attorney General Byron S. Payne
in a letter to the law firm of Wicks
& Quinn at Scotland.
The letter, In part, follows:
81 note that 1t is the contention of
defendants attorney, Joe Kirby OF
Sioux Falls, that the amendment to
the constitution of the state which was
voted upon at the last general cleo
ton, known as amendment "E' was
not properly brought before the people
to be voted upon Section 1 of article
XIII of the state constitution re-
lating to amendments to the consti-
tuition provides that Amendment or
amendments so proposed shall be pub
lished for a period of twelve weeks,
previous to the date of said election
In such manner as the legislature may
provide The Legislature OF 1913 en-
acted chapter II Of the laws of that
year, section IL of which provides as
follows:
Published For 12 Weeks
The commissioner of public print
ing shall cause to be published for a
period of twelve weeks previous to the
date Of such election, in a legal news
paper of this state of general circula-
ton, TO be selected by him, all pro-
posed amendments to the constitution
submitted by the Legislature to be vot-
ed on at such election
81 note Mr.. Kirby claims that the
above provisions of the law of 1913
enacted in conformity to the consti-
tutional requirement was not compli-
ed with.
I'VE can only say to Mr.. Kirby's
contention that the gentleman is evil
IDENTIFY entirely mistaken. The records
of the commissioner OF public print
ing and OF the state auditor show that
all Of the proposed amendments to the
constitution of the state that were
voted upon at the election in 1918
were published at length In the Aber-
deem Daily News once Zach week IL
consecutive weeks. the first publica-
ton being dated on August 14th, 1918.
There Is on file In state auditors Of
flee the affidavit of the publisher of
the Aberdeen Daily News showing
such publication with a printed copy
Of the amendments SO published.
81 car procure the affidavit for you
for introduction as evidence in your
case II o deem is necessary
Amendment "E" Is Legal, Says
81 should think the court would take
judicial notice of the adoption OF
amendment "E" at the last election.
II IL will not of course the record OF
the state c~anvassing board will prove
its adoption. Having proved the adop-
ton of amendment 'E' or its adoption
being conceded, it will be incumbent
upon the defendant to show that the
adoption of this amendment was for
some other reason void. In other
words, we think the defendant will
have to prove noncompliance with the
provisions of the 1907 law rather than
the burden of showing compliance be-
ing upon the plaintiff.
"If Mr.. Kirby's conscience were cor
rect, il might be a serious matter, and
might effect the legally of the adop-
ton of all OF the amendments voted
upon last year. However, Mr.. Kirby
seems to be laboring under a misap-
p%rehension OF fact. IL l can be of any
further assistance to you in this suit
| shall be glad to do &C"