The Bottineau courant. (Bottineau, Bottineau County, N.D.) 1895-1929, 1919-06-26

sue and as this is short of the $4,000
900 reQuired by the law for the start
of the bank, the signing of that
useless. The idea in this ar
gument is that the limit Of indebted
ness is raised from $20O,000.0O (plus
the debt taken over from territorial
days) to $4,000, 900, and that the new
limit would prevent the Bank from op-
Grating because it was short what we
now owe in bonds, $412,00O.
Yet, the court recites, Hall when he
made oral argument before it, coceded
that he would willingly sign the bonds
up to 81 ,588 100000. AS the court ter
sely remarks: "He never did at any
time sign the amount of bonds he
claims he was willing to sign" He
was presented with $500, 100000 of the
bonds and then refused to sign that
Thus Halls written word and
his spoken word conficting-the court
takes judicial notice Of the conflict.
What the Court Held
The Court held that the voters when
they voted last November on the con-
amendment to increase the
debt limit and enter upon the indus
trial program, knew that the state
had some previous indebtedness. The
legislature that passed the law knew
Of the $412,0O0.00 in bonds outstand-
ing. Therefore the people and the leg
islature intended to issue $4,000, 600 in
bonds in addition to the bonds already
issued-and the courts have always
given this construction to acts of the
people and their legislatures in such
cases. The Court held the law entirely
constitutional, because the people had
voted upon the matter previously and
the legislature had but obeyed the will
of the people as recorded. In closing
the decision remarks: "That there is
a specific and we'll understood econonl-
ic program authorized by large ma
jority of the people, to be carried out
in this state, is we'll known, or should
be known to every citizen Of the state.
Such a program has been authorized
by several constitutional amendments
as we'll as by the Legislature. It is not
at all necessary to state what that &C.
onomic program is. 1t has been widely
and persistently discussed in the press
and from the platform by public
speakers. The establishment Of the
Bank Of North Dakota as convent
ence and aid to assist in the initiating
and carrying out of that program con-
stitutes an important element in &C
complishing that result. It constitutes
a part of the machinery to be used in
the execution Of the program.
This opinion is concurred in by JUS
tice Birdzell, Robinson and Bronson.
Justice Christianson does not agree.
He does not dispute the legality of the
bonds, but he reverts to his decision
when the question Of the passage of
the Constitutional amendments was
up. At that time he held that the
amendments had not passed because
they did not get the plurality Of all
the votes cast at the election, although
they got large plurality Of all votes
cast upon the amendments themselves.
Harking back to this decision, he holds
that Hall was without power to sign
any bonds because the debt limit OF
the state is not $4,000, 900 but merely
the old 100000, plus whatever debt
we took over from the territorial gov
ernment. Thus he ignores the decision
Of his own court and hangs on to his
own opinion, regardless. But he brings
small comfort to Hall, who was will
ing to sign $1,688, ,0o.00-or told the
Court so, even If he did not print his
offer.
The decision is remarkably timely
and opportune, and will serve to as
sure the men who have fought for the
new movement that the will OF the
people cannot forever be deferred and
delayed. It will inspire them with new
enthusiasm as they see the near ap-
proach Of the realization Of their hopes
and will be as welcome as q long
sought victory after q hard-fought
battle.