Grand Forks herald. [volume] (Grand Forks, N.D.) 1916-1955, 1919-01-11
WHITMAN TO
INTRODUCE AN
IMPORTANT BILL
Provides for constitutional
Amendments for Home
Rule Charter.

Bismarck, N. D., Jan. 10.-One of
the important bills to come before the
sixteenth legislative assembly will be-
one, by Senator w. H. Whitman of
Grand Forks, providing for constitu-
tional amendments for home rule
charter. Mr.. Whitman probably will
introduce the bill today. He offered
the following argument for an x
PLANTATION Of his bill:
practically all of the o pro-
gressive states of the west at least
have adopted constitutional amend
ments authorizing the people in the
cities to frame and adopt the char
tiers for their own government in To-
cal affairs.
1.-The Missouri Constitution of 1875,
more than 30 ears ago contains such
n provision.
I'm Minnesota, the Constitution was
amended in 1896. % years ago to au-
thorize home rule charters in that
state; in Oregon, Washington and
Colorado, similar provisions were en-
acted and are in force.
zone of the latest Constitutions to
be adopted is that of Michigan, with
in the last 6 or 8 years n one Of
it's provisions authorizes home rule
charters for the cities of Michigan.
4<O SIdtc W1l4CI Ids CNCl dooPIOo
the home charter provision has re-
pealed it and many hundreds of cities
in these states are operating under it's
provisions with benefit to themselves
as we'll as to the people of the state.
1.-The home rule charter provisions
mean what the name implies and au-
thorizes the city to enact it's W laws
relating to matters which are local
to the city itself; it does not in any
way interfere with the general laws OF
the state but frees the city from the
Eanrpering restraints of provisions not
appropriate or applicable to local con
ditions.''
The purpose of this law is to pro-
tect the rights of the widow and of
the children.
Under the laws of the state. of
North Dakota as they now exist, the
widow has no right in the property Of
her husband (other than the home
stead, in which she has a mere life
estate) which cannot be defeated and
destroyed by her husbands will; un-
der the North Dakota laws. the hus-
band can leave the wife practically
penniless and without any means of
support aside from the life estate in
the homestead.
The proposed law enacts a much
more civilized and liberal rule and re-
CARDS the property accumulated in the
name Of either husband and wife as
having been accumulated for the
benefit of the family after death to a
certain extent.
Under the proposed law, the widow
and, children become the owners OF
the homestead unless they have con-
scented to its sale or other disposition
by the will of the husband; the
homestead, as such, continues as the
homestead after the death. of the
spouse in whose name the title rest.
Ell and the surviving spouse acquired
the title thereof to be used as a home.
stead for the family.
Under the law as it exists today in
North Dakota, the husband can con.
vey all of the real estate accumulated
during the marriage without the sig;
nature of the wife; her consent is not
necessary thereto save as to tn.
homestead; the proposed law changes
this rule and the wife acquires a one.
third interest in the property of he,
husband which cannot be defeated *.
cept by her own act in signing the
deed or transfer or consenting to the
will r