The Bismarck tribune., 1919-03-29


who overthrew all judicial precedent
when he directed that one-half of the
supreme courts opinion on the league
amendment case be excluded from the
official pamphlet to be printed by the
industrial commission. in which three
opinions favorable to the league are
set forth in full. The Tribune presents
herewith the salient features of the
dissenting opinion handed down this
week by Chief Justice A. NJ. Christian
son. senior member of the supreme
court: #g# n,.. ,.. i...=a,
state ex-rel. Byerly IS, State Board,
of CanvasserS.
Christianson. Oh. !. (Dissentingl.
What number of votes is necessary to
ratify constitutional amendment pro-.
posed by initiative petition? That is
the question which it is sought to have
determined in this proceeding,
Methods Of Amending,
The methods of amending the con-
stitution are prescribed by section 2o2
Of the state Constitution. The entire
section reads as follows: ~,
First: Any amendment or amend
posed in either house of the legislative
assembly: and if the same shall be a.,
greed to by a majority Of the members
elected. to each Of the two houses. such
proposed amendment shall be entered
on the Journal Of the house with the
yeas and nays taken thereon. and re-
ferred to the legislative assembly to
be chosen at the newt general election
and shall be published. as pdovided bv
law. for three months previous to the
time of making such choice and If i'll
thelegislative assembly as next chasen
as aforesaid such proposed amendment
shall be agreed to by majority OF all
members elected to each house. then II
shall he the duty of the legislative as
sembly to submit such proposed amend
ment or amendments to the people in
such manner and at such times as the
legislative assembly shall provide: and
If the people shall approve and ratlty
such amendment or or'ameIldments by a
ma jority of the electors qualified to
vote for members Of the legislative as
sembly voting thereon, such amend
ment or amendments shall become a
part Of the constitution Of this state.
If two or more amendments shall be
submitted at the same time. they shall
be submitted in such a manner that
the electors shall vote for or against
each Of such amendments separately.
Second: Any amendment or amend
ments to this constitution may also he
proDosed by the people by the filing
| with the secretary Of state. at least
six months previous to general elec-
tion. Of an initiative petition contain
| ing the signatures Of at least twenty
| five percent of the legal voters i'll each
| of not less than one-half of the counties
| Of the state When such petition has
been properly filed the proposed amend
ment or amendments shall be published
as the legislature may provide for three
months previous to the general election.
and shall bc placed ulsjn the ballot to
hc voted ,,ren by the people at the
next general election Should any
such amendment or amendments pro
posed by initiative petition and sub
mitted to the people receive majority
| Of all the legal votes cast at such gen
eral election, such amendment or
amendments shall he referred to the
next legislative assembly: and should
each proposed amendment or amend
nents be agreed upon by majority
| of all 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 majority OF
all the votes cast at the general cleo.
ton as herein provided. but failing to
receive approval by the following legis
lative assembly to which 1t has been re
ferred. such amendment or amend
nients shall again be submitted to tbs
people at the next general election TO.
their approval or rejection as at ths
I general election Should such amend
ment or amendments receive ma
jority Of all the legal votes cast Al
such succeeding general election suci
amendment or amendments ut onct
becoue I part 6 the constitution o1