Grand Forks herald. [volume] (Grand Forks, N.D.) 1916-1955, 1920-04-22

o.. ~. iE III. #L 4E-...' .asr. ~ -" - y I.
1.-THE obvious purpose Of Senate
Bill No. 1877 as introduced was to
change. the. personnel Of the commis-
sion havlnEsScharge Of the state print
ing. andtt sconfer upon the commits
sion asss:se=craated the functions ex-
ercised by the former commission
and bring all kinds of printing for
the various state departments under:
Its jurisdiction,": states Chief Justice
Not the Same.
IA comparison of the original bill
with the one ;, enacted demonstrates
beyond cavil that the matters insert
ed in section 4 during the course of
Hanson, was wholly:.foreign=A to- the
of the bill. If sec
ton 5Saof the Constitution can eyer be
violated by inserting matterfin a. bill
during the course of its passage,
which is foreign to and changes the
original purpose thereof, it certainly
has been violated in this case.
at seems equally clear that the
matters inserted in the act by the
title. 1t will be noted that the
statute is entitled, "An act creating a
ssAAtate p%rintings and publication COM
r~ffssion; prescribing its@ duties and
powers. and Repeating MI acts and
parts OF act conflicting herewith.
Would anyone expect to find in an
act entitled as the one under cons:d-
Grafton anything in regard to the
newspapers in which official proceed
ings and notices of counties and cities
must be published? Would anyone
bate an estate have the slightest rea-
son to apprehend that A,Slaw entitled
aasthea one -before us actually changed
the established law Of the state with
respect to the newspapers in. which
foreclosure notices and citations in
probate proceedings must be publish
ed?\ It seems to me that reasonable
men can make but one answer to
these questions. IS
Provision is Clear.
"Our constitutional provision is
clear, direct and positive. No bill
shall embrace more than one subject,
which shall be expressed in it's title.
A single glance discovers that the IT,
tie in this case meets no single re-
quirement' there specified
But 1t is commended that sections
So and 61Ytof7thc constitution are in
E,applicable to avs which have been
and approved at a referen-
dunn election:44 It is even suggeated
that an act so approved is in effect a
constitutional amendment This sug-
! gestion ignores the. fact that a differ
ent method is provided for the sub
mission of constitutional amend
ments, whether proposed by initiative
petition DR. by the Legislative assem-
bly,, from that provided for the sub
mission Of a statute pursuant: >. to a
referendum petition. 1t is the duty
of the court to uphold and give effect
to e<ery part of the constitution and
this provision can only be enforced
by refusing to recognize as an
I amendment that which never was
illegally adopted as such. 1t has never
been ~'contefded or supposed that the
referendum power was reserved fol
the purposeSo< having questions relat'
Ing to the constitutionality of laws
submitted to and passed upon at 9
referendum election. Il
"In$my opinion, at least 20 much of
chapter 1885, laws 1919, al relates to
the designation of newspapers blythe
state, printing and publication. com
1tlissidng md the. requirement that Of
hcial statements. and private legal no.
!, tices must be published in such pa
pers is violative Of the constitutionsp i
this state