The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1919-05-10
HALL CALLS THE TURN

Submits Authorities on Subject
and Opinion From the At
tOrney General
Contending that the governor can
not legally set North Dakota's refer
endum election for June 26, as Fra
zier has announced his intention of
doing, and suggesting that IF the de-
sire really was to have the voter be-
come familiar with the complete text
of the bills it would seem that 'the
short time that remains should not be
shortened" Secretary of State Hall
today threw monkeywrench into the
machinery Of Townley, Lemke ct al
with the following letter to Governor
Frazier:
"Dear Sir:-My attention has been
called to an article in the Courier
News of May 8 stating that:
"'Governor Lynn J. Frazier, taking
cognizance of the fact that the petit
tions are in circulation and likely will
be filed, today announced that the ref
erendum election, should the petitions
be, filed, will be held Thursday Mn June A
26.' az. ,2s,yz: s;sS
"You are. further qupted to this ef7;
feet: sS
"T have decided on a date for the
referendum on the Legislatures acts
early enough to invalidate the initia-
tive petitions ~,
Overlooked, Something
1T may be possible that you have
overlooked that provision in Sec. 70
Of the constitution, as amended, read
ing as follows:
"'In submitting measures to the
electors, the secretary of state and all
other officials shall be guided by the
election laws until additional legisla-
tion shall be provided >
Referendum petitions may be filed
with the secretary of state not later
than ninety days after the adjourn
ment Of the session Of the. legislature
at which such measure was enacted.
,(Sec. R5 of the ,constitution.) Sec.
969, compiled laws Of 1913, requires
the secretary of state to transmit to
each county auditor blank forms for
election returns at least thirty days
before the date of the election.
"Section 979 provides. Whenever a
proposed constitutional amendment or
other question is to be submitted to
the, people of the state for popular
votes. the secretary Of state shall, not
less than thirty days before election,
certify the same to the auditor Of each
county; in the state and the auditor OF
each county shall include, the same in
the publication provided for in Sec.
975.' s
49,. .&,'It Can't Be Done
II do not see how this office can
send out blanks and certificates until
the time for filing petitions has ex-
pired, and if not sent until such time
has expired, of course it is impossible
to send them thirty days before the
election, if the election is held June 26.
II am in receipt of the following
opinion from the attorney general:
"'Your letter of May to the attor-
ney general has been referred to me
for consideration. You request opin-
ion of this department upon the fol-
lowing questions:
"1.-Do sections 969 and 967, c. L:
1918, apply to special elections held
pursuant to provisions of Sec. rs OF
the constitution, as amended?
"'2.-Is the method of publication
provided by Sec. rs of the constitu-
tion, as amended, exclusive, or should
the measures be submitted to the peo'
ple be published by the county audi
tors, pursuant to sections 975 and 979,
C. L. 1918? ~
"T have given this matter due con-
sideration and am of the opinion that
sections 500 and 979, C. L. 1918, do
apply to special elections held pur..
suant to the provisions Of Sec. 25 of
the constitution, as amended ,and that
measures submitted to the vote of the
people pursuant to said Sec. Is should
be published by the county auditors
pursuant to sections 975 and 979, G. l..
1918. -u...M
"'This opinion is based upon the
following provisions of Sec. 25, as
amended, viz:
"In submitting measures to the
electors, the secretary of state and
all other officials shall be guided by
the election laws until additional leg
islation shall be provided
&C. S. HA1NES,
"Assistant Attorney General
Publicity Is Commanded
"Sec. Is of the constitution also
makes it the duty of the secretary of
state to cause to be printed and mailed
to each elector publicity pamphlet
containing a copy of each measure,
together with the ballot title to be
submitted at any election.
1T will be impossible to print these
pamphlets until the time for filing pc
titions has expired, May &c.. If the
election is held June 26, this will allow
26 days for the printing and distribu-
tion of some 10000 pamphlets and
their study by the electors.
"If the desire really was to have the
voter become familiar with the COM
plete text of the bills, it would seem
that the short time that remains
would not be shortened.
"A solution of the problems sug-
eested will be appreciated.
"THOMAS HALL.