Grand Forks herald. [volume] (Grand Forks, N.D.) 1916-1955, 1919-04-04

the members elected to each house,
such amendment or amendments shall
become a part of the constitution of
this state. Should any amendment
or amendments proposed by initiative
petition and receiving q majority OF
all the votes at the general election a.
herein provided, but failing to receive
approval by the following legislative
assembly to which it has been re-
ferred, such amendment or amend
ments shall again be submitted to the
people at the next general election
for their approval or rejection as at
the previous general election. Should
such amendment or amendments re-
ceive = majority OF all tho legal votes
cast at such succeeding general cleo
ton such amendment or amendments
at once become a part of the consti-
tuition of this state. Any amendment
or amendments proposed by initiative
petition and failing of adoption, as
herein provided. shall not be again
considered until the expiration Of six
years.
The first subdivision Of the section
was embodied in the constitution
adopted in 1889; the second subdivi.
sion IA adopted as a constitutional
amendment in 1914.
1t will be noticed that it is provid-
w kAiu IL PAoPSSS ~
the legislative assembly (under the
first subdivision) shall be approved
"by a majority Of the electors*"**a
voting thereon; and that an amend
ment proposed by initiative, petition
tunder the second subdivision), shall
receive a majority of all the legal
votes cas- at such general election
the amendment is submitted. The
question here is:-Do these two
phrases mean the same thing? And
did those who framed and those who
adopted the second subdivision intend
to, say in the latter phrase the same
thing which had been said in the for
mer phrase?
The object Of construction, as ap-
piled to written constitution, is to as
certain and give effect to the intent
Of its trainers. and of the people in
which force is to be given is that
which is embodied and expressed in
the constitutional provisions them
selves. Words OF terms used in a
constitution. being dependent on rati-
~fication by the people. must be UNDER
stood in the sense most obvious to
the common understanding at the
time of its adoption" 6 r. C. l.. p.
SD "A constitution is an instrument
vi 5oVCAA AAooO o4Au ouOpACo Ny
IN: people for practical purposes. con-
nected with the common business
aud wants Of human life. For this
reason prominently, every word in
it should be expounded in its plain.
obvious and common sense" (Peo.
VS.. N. Y. Cent, r. Co.,, "a N. Y. 4S5-
1859
AS the great turist, Marshall, said:
tho trainers of the constitution, and
the people who adopted it, must be
understood to have employed words
in their natural sense. and to have
intended what they nave said" Glib
bons VS.. Ogden, 9 Wheat. /. 1852
The noted Judge Cooley. said:-"Nar-
row and technical reasoning is mis-
placed when it is brought to bear
upon an instrument framed bv the
and designed as a chart upon which
every, man, learned and unlearhed
may &c able to trace the leading pNn
ciples Of government" Cooley!
Const: Linn. 7th Ed. ss.) The Dsopl,
who adopt a constitutional provision
doubtless Judge 1T by the meaning
apparent OF its face" (Smith VS.
Thursday. % Md: 244. 26e.) OF course
there are certain words which ar
cmployed in a technical sense. such
for instance as the term Tex pos
facto laws" When such words o.
terms have acquired a fwell-under
stood meaning it must be supposed
that the people had such meanin,
in view in adopting them. "The tech
nical in these cases is the sens
%popularly understood. because that il
the sense fixed upon the words IL
legal and constitutional history, wher'
they have been employed for the pro
lection of popular rights" Cooley
Const. Linn. 7th Ed. 94.) But tn,
words and terms of a constitutiol
are to be interpreted and u%nderstoo,
in their most natural and obviou
meaning, unless the subject indicated
or the text suggests, thai they hav'
been used in a technical sense" AM
"the presumption ia in favor of tn,
natural and popular meaning in which
the words are usually understood b,