The Bismarck tribune., 1919-03-29
OPINION OF CHIEF JUSTICE CHRlSTIANS0N r...,a"
DENIED PLACE IN INDUSTRIAL COMMISSION
PAMPHLET PRESENTED FOR PE0PL LE'S STUDY

orally safe to reject an Interpretation
that does not naturally suggest itself
to the mond Of the casual reader, but
is rather the result of Il laboriOus, eff
fort to extract from Il statue a mean-
ing which it does not at first seem to
convey. Ardmore Coal Co. VS.. Bevi!,
81 Fed. 757, 10 G. G. A.. Al; Schulthiz
VS.. s.MacDougal, 162 Fed. 331, $40.
s What Is a Majority? q; n g.
- What is the first impression made by
the words, "a majority of all the legal
votes cast at such general election y
What is naturally suggested to the
mind thereby? What did the people
OF this, state understand those words
to mean at the time they adopted the
amendment containing the phrase? Is
there any serious doubt as to how
these questions should be answered !?
l think not The words are not techni-
cal, They are words of common and
ordinary use. Their uterance prompt
ly conveyed. and conveys, Il certain
idea to the popular mind. And there
is room for argument us to the mean
ing generally attributed to them by the
people of this state. 1t is undeniable
that the phrase, "a majority Of all the
legal votes cast at such general elec-
tion," was uniformly understood
throughout the state to mean Il maj jori-
ty of the votes cast by all the legal vot-
ers who participated in such general
election. No one ever asserted that
the phrase had any other meaning un-
til after the election in 1913. During
the campaign preceding the election
those opposed to. as we'll as those in
favor Of. the amendments We're of the
same mind. For instance. the Repub-
lican State Central Committee. (Which
had endorsed the amendments), issued
| Il pamphlet entitled, '"rhe Truth about
the Constitutional Amendments" In
this pamphlet (page 15). it is said :
I'm order to carry. the constitutional
amendments must have u majority of
all votes cast. 50 that the citizen whJ
does not vote at ull Oh these measures
is helping defeat them as much as the
! man who votes against Them" State
! ments to the same, effect appeared III
| the newspapers Of the state generally,
/ No one contended that the phrase
mcantswhat the majority members now
! hold that it means. Of course it is
| true, this is not evidence of the inten-
| ton Of the trainers or pr pOsers Of the
| provision under consideration, but it
/ tenls tn show the meaning or uni SOrm
! ly attributed thereto by the people oi
the state "
The Intent. a.>
But let us consider the intention of
| those who framed. and proposed the
amendment embodied in the second
subdivision Of section 2O2. Let us
bear in mind the object of the second
subdivision. and the situation which
confronted the men who framed it
and the legislators who proposed it
! There was then in existence only one
method of proposing constitu .iolal a
! mendinents. to-wit: the method pro
posed in subdivision one of section 2O2
! The second subdivision provided Il
wholly different method of proposing
constitutional amendments. The first
! subdivision provides for the propoS,,
of constitutional amendments by tn.
i legislative assembly: the second pro
vides for' the proposal of such amend
ments by initiative petition. Al
/ amendment proposed under the first
! subdivision is proposed by the chose,
REPRESENTATIVES of the people. Il
must receive the approval of two sue
. cessive legislative assemblies before
being submitted to the people. 1t |.
published as part of the proceeding.
of both legislative assemblies. 1t mus
also be published for three month.
previous to the election Of the mem
bers of the second assembly. SO tha
the people may know that the mem
bers they are about to choose will b,
required to vote for or against the sub
mission Of the proposed amendment.
An amendment proposed by this metho,
remains pending for considerahl,
length of time and much publicity an,
opportunity for discussion is afforded
But an amendment proposed by initia
tive petition does not emanatc from
any representatives chosen by the pto
Lple, but from those who prepare. circu
late or sign such petition. No publici
4 ty is required before the petitions ar,