The weekly times-record. (Valley City, N.D.) 1912-1922, 1919-01-02

and canvassed by the State Canvass
ing board.
That at such general election, on the
proposition to amend Section 2O2 in
article Is of said constitution as
amended by article 16 of amendments,
there were cast 46,329 legal votes in
favor of said amendment, or 698 votes
less than majority of all the legal
votes cast at such election as set out
above, and 1882 legal votes against
said Amendment.
That at such general election, on the
proposition to amend section 176 of
article II as amended by article 20 of
the amendments, relating to the sub
ject of taxation, there were cast
46833 legal votes in favor of said
amendment, or 1874 votes less than a
majority Of all the legal votes cast at
such general election as set out above,
and 33921 legal votes against said
amendment.
) That at such general election, on the
proposition to amend section 1872 in
article IL, relating to the debt limit,
there were cast 46,275 legal votes in
favor of such amendment, or 252 votes
less than a majority of all the legal
votes cast at such general election as
set out above, and 1926 legal votes
against said amendment.
That at such general election, on the
proposition to amend section 81 in ar
ticle 2, relating to emergency meas
ures, there we're cast 46,121 legal
votes in favor of said amendment, or
906 votes less than a majority of all
the legal votes cast at such election as
set out above, and 32,507 legal votes
against said amendment.
That at such general election, on
the proposition to amend section 1876 IN
article IL as amended by articl Is of
relating to public owner
ship of industries, there were cast
4683O votes in favor Of said amend
ment, or 1877 votes less than a major
ity Of all the legal votes cast at such
election as set out above, and 32574
legal votes against said amendment.
That on Tuesday, the 3rd day of De-
cember, 1918, the defendants, Thomas
Hall, William LANCER, John Steen,
Carl R. Kositzky, and N. C, Macdon-
aid, holding then and there the State
offices above named, each respectively,
and acting ex-officio as members of
the State Board Of Canvassers, met
at the office of Thomas Hall, Secretary
Of State, and then and there organized
themselves into the State Board of
Canvassers, electing John Steen as
Chairman of such Board and Thomas
Hall as Secretary thereof.
That said State Board of Canvas
sers adjourned fgrom day to day until
Monday, the 9th day Of December,
1918, at 1890 o'clock a. M, at which
time the said Board proceeded to
count, check and verify the votes cast
at the said general election held on
November 5, 1918, on each of the pro-
posed amendments to the Constitution
Of the State of North Dakota, both
those initiated by petition on the part
81 the people, and those originating in
the legislative assemly, and it was
then and there determined by said
Board that there had been 94,055 legal
votes cast and counted at said cleo
ti-a, and it was further determined
that there were cast for and against
the proposed constitutional amend
ments the legal votes above enun-
Grated.
The said Board then proceeded to
determine and did determine that, as
to each of said proposed amendments
initiated by petition, "inasmuch as a
majority of the voters voting on said
initiated amendment had
voted in favor of said initiated amend
ment," the said proposed initiated
was declared duly carried
and adopted.
That in making said determination
and in declaring that the five proposed
initiated by petition,
above set forth as having received less
than majority Of all the legal vot-
es cast at said general election, were
carried and adopted, the said Board of
Canvassers exceeded it sauthority, and
acted illegally and especially in con-
travention Of paragraph 2 Of said Sec
ton 2O2 of the Constitution of the
State of North Dakota.
Atlantis therefore pray that the hon
orable, the Supreme Court Of the State
of North Dakota, cause a writ of GER
tiorari to be issued out of said Court
to the said State Board of Canvassers
and to all the members thereof, re-
curing that all the records, papers
and facts in reference to the matter
herein complained of may be certified
to the Supreme Court to the end that
it may be informed in relation to said
matter, and may vacate, annul and set
aside said unlawful proceeding, or
grant such other relief therefrom as
justice and law may require.