The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1919-01-14
LEAGUE STEAM
ROLLER TR0TS
INTO THE FRAY
Good Old Machine All Creased
Up and Operating with
Smooth Precision
AMENDMENTS ARE PASSED
Nonpartisan Majority Coolly
Rides Over Independent
House Minority

kOta OK rel w. r. Byerly and TheO-
dore G. Nelson, versus the state bOaru
OF Canvassers were completed short
ly before noon Tuesday, when the SUI
preme court took the matter under
advisement. The principle question
submitted was that of jurisdiction, up
on which the defendants, through At
t0rney General LANCER. presented q
separate brief, setting forth his con-
tenti0ns that the action SHOULD be
quashed, tnasmuch as the function to
be exercised was legislative rather
than judicial. The court heard argu-
ments on this motion from both par
ties, but it declined to rule separate
ly on the question of Jurisdiction.
which will be considered with the or
iginal issue presented-the question
of whether the state canvassing board
proceeded properly In declaring pass
ed five of the seven amendments in
itiated by the league at the recent
general election, and which secured
only mato-'.,. ~ the votes cast up
on the several questions and not m
jority of all the votes cast at the gen
eral election. ..-
The attorney general contended
first that the applicants upon allega.
tions contained in the affidavit for
writ Of certiorari do not establish a
proper interest to grant the right with
respect to the subject involved to
bring this proceeding; second, that
the question presented by the applt.
cation is moot question and one
prematurely raised at this time; third,
that proceeding to amend the con-
stitution, in which both the legisla.
ture and the electors of this state par.
ticipate. Is a legislative proceeding
with which the judiciary have no jur.
isdiction to interfere during the
course of the proceeding.
The attorney general quotes
large number Of decisions of North
Dakota and other states and con-
cludes with: 1T is our contention that
these authorities bear. out the asser.
ton OF the respondent that this court
has no jurisdiction Of the matter In
question, as It has been presented by,
the relators. That so far as any &C
2tiOn on the part Of the state board
of canvassers is concerned with re.
spect to the five amendm that
action is not open to be passed upon
or for review at this time by this.
court. 1t is our contention, that that
action was legislative in function, and
that the judicial tribunals. of this.
state have no power to interfere with
such actions or review the same un-
til the legislation resulting therefrom
shall have become taw."
Upon the merits of the original ac-
ton the attorney general reviews the
procedure of the state canvassers aud
adheres largely to the opinion upon
which the state board based its action
in passing the five amendments in
question. He quotes from Judges Cor
lss, Spaulding and other members OF
North Dakota supreme courts and
from the supreme courts of other
states lengthy decisions which he de-
clares uphold, his contention that "a
majority of all the legal votes" can
mean only a majority of the. legal
votes cast for or against the partlcu'
lar question concerned.
His conclusions are that: The Ian.
guage of section 202 means a major
ity of the votes cast on each PROPOSE
ton, otherwise the word voters" or
ELECTORS would have been used; that
the Gillespie case, quoted extensively
lis as fundamental in deciding this
case as any of our own decisions; that
the construction placed on the sec
ton in question both by the legisia-
ture and the contrasting provisions Of
the constitution foreclose any but the
respondents views as set out; that
...oi~hk ~ o,,<hnpifSy o1nOOC< the
point of uanimity .upholds the case
OF the respondents; that the Barnes
case, the Langley case and the Blats'
dell case foreclose all possible con-
troversy in opposition to the action
of the respondents. n7 :.
The league steam roller. all dressed
up and with very definite idea OF
where it had to 90. was trotted out
Monday afternoon. when 1t gaily trun-
died in the most approved fashion over
the independent minority in the lower
house. The minority on Saturday hal
secured permission to discuss In COM
mittee Of the whole the concurrent res
olutions ratifying the amendments In
itiated by the league in the reccli. gen
eral election. On Sunday this action
Of the house majority came up IL the
private league caucus Tor const'ler.l-
tion. and it was decided that too m,,cl,
liberality had been shown the minor
ity. Therefore, the very first thing
that happened when the house met :n
continuation of SATURDAYS session at
80 Monday afternoon was nutiOn
from Gitlell Patterson, one Of the
leagues fioor-leaders, to reconsider the
action on O'Connor's motion to discuss
the league resolutions In committee OF
the whole. That proposition went
through 66 to "a, and thee in iis time
motion to table ]. F. =. O'Connors
motion for committee Of the whole was
adopted IS to "a.
It was the first actual appearance
Of the league machine, and it was
found to be in splendid working order.
While the gag was applied as to dis
cussiOn of the resolutions in committee
Of the whole. the entire afternoon was
given over to debate DrO anu con on
the three resolutions which were ad
opted before the house recessed until
today. Rep. J. F. T. O'ConlsOt made a
dramatic plea for ratification only Of
l~A