The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1919-02-04
WITH THE EDITORS
THIS IS THE LAW


adopted by the people at the November election
when each Of them received majority of the
votes cast on that separate proposition, accord
ing TO decision just rendered by the court. In
the section Of the constitution covering the case
it is distinctly stated that amendments 80 sub
mtted must receive majority of all the votes
cast at the election at which the propositions are
submitted. Another section of the constitution,
dealing with amendments submitted in another
manner, says that such amendments must be given
a majority of the votes cast thereon. The Ian
yuayc is entirely different. In neither case is it
obscure. The provisions are 80 clearly stated that
the people generally have taken both at their
exact face value, and have acted on the assump-
ton that two different things were intended by
! the two very different forms Of language. 1t was
with the idea of that difference distinctly in their
minds, fortified by instructions and exhortations
and recommendations from their political COM
mittees that voters of all shades of belief league,
independent and what not, went to the polls last
November Nothing was heard OF contrary opn-
ion until after the election when it developed that
under the initiative had failed to receive "a ma
jorty Of all the votes cast in the general election,
according to the universal Interpretation Of that
was sought, and it was suddenly maintained that
the people of the state had been entirely mistaken
in supposing that the constitution meant what
the average individual would naturally suppose it
to mean, and that majoriy Of all the votes cast
at the general election meant merely majority
Of the votes cast en- each proposition, be they
few or many. ....
| The matter has been before the supreme court
for weeks, and the decision just rendered is
entirely in accord with the view that the English
language is to be construed, not according to it's
plain meaning and obvious intent, but that it Is
to be twisted and tortured; and forced into con-
formity with whatever meaning it is desired to
place upon it, ~'>"
I Three years ago A. c. Townley, the present so
cialist boss of North Dakota, standing the plat
form Of the Fargo auditorium ana discussing the
candidates who had been secretly named for the
approaching primary, said in substance: We've
got TO have supreme court that will hold con-
stitutional the laws that pass in the legisla-
ture" The candidates who had then been chosen
Iby the league leaders, and who were subsequently
elected we're Mcssrs. Birdzell, Grace and Robin
son. Last year the league added H. A. Bronson
to the court These four concur in the decision
validating the five disputed amendments The
fifth member Of the court, Judge Christianson, is
i'll, and did not participate in the determination
Of the case.
The decision rendered by the court is the law,
no matter haw contrary it may be TO the common
understanding, tG that which is known TO have
been the intent Of the trainers Of the constitution
al provision under which the amendments were
submitted, and 10 the Interpretation which would
have been placed upon the language used by all
but negligible minority Of those whose mother
tongue is English. That decision is the law OF
the state regardless of the steps by which it was
reached, and regardless Of the fact that it oblit-
crates most Of what has been left of the safe
guards Of our constitution 1t~..
The practical effect of the decision is to validate
all of the important economic measures upon
which the legislature has been at work. The legs-
ature is now at liberty to incur on behalf of the
taxpayers of the state, any indebtedness what
ever. All limits have been removed. By the mere
passage of bill the state can be plunged up to the
neck In business enterprises which may cost the
people millions. No constitutional provisions re-
main to protect the state against this risk, or
to require propositions of such far-reachng i'm
portance to be considered carefully and soberly,
and to be submitted, each on its own merits, to
the people for approval.
Nothing now stands between the people of the
state and the widest kind of sociaistic extrava-
gance but the good sense and independence of
members of the legislature. As evidence of what
we have to expect along these lines we have the
character of most of the legislation proposed by
the majority at this session, and the fact that
most of the majority members have subordinated
everything Of their own that makes for human
freedom and Independent judgment to the de-