The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1923-08-18
Estimates Estimates
AAAn "a
WATER BOND
ISSUE UPHELD
. IN HIGH COURT

ISSUE UPHELD
IN HIGH COURT
Continued from Page One.)
question to be decided. Fund
amentally and in the final analy-
sis the power granted by chapter
81, supra, to purchase or construct
waterworks would in most cases
be wholly nugatory without the
power to incur necessary indebted
ness in acquiring the plant. 1t is
the last question that is of vital
concern to the voters and ,taxpay-
ers and that is the one required to
be submitted to them. Questions
of policy, as to whether the. city
shall build, or purchase, lease or
acquire by eminent domain, as
such, are not specifically required
to be submitted to the electors.
Decisions on these and other mat
tiers, involving the management
of the affairs of the city, must be
made by the duly constituted auth
critics in the exercise of discre-
tioN
"The authorities are quite un-
animous that the proposition of
issuing bonds must be Submitted
to the voters in such a way as not
to involve two or more distinct
and unrelated questions. The law
on this point was settled in this
state in Stern v. Fargo, 10 Md,
2S9; 122 N. w. 4O3. In that c&se
a dual question was in fact subhait-
ted to the electors and the election
was held void. The question be-
fore us in the instant case is
whether a double question was in
fact submitted.
"The fundamental purpose which
the city sought to accomplish was
to provide an adequate water sup
ply for it's inhabitants, and the
question was whether an indebt-
edness in the sum of 1925, 900
should be contracted for such pur-
pose. That purpose might be ac-
complished either by purchasing an
existing plant or by constructing
q new one. Either method would
be equally within the power of
the Commission, once the funds
had been made available in the
proper manner. Under Section
1873 of the Constitution, above
quoted, providing waterworks for
the city is recognized as one pur-
pose, and constructing a sewer
system another purpose. The
method of accomplishing this
single purpose, of providing water
works and a water supply, whether
by purchase or construction. is not
to be submitted to the
voters, as heretofore pointed out.
The city might contract to have
3 plant erected, it might itself
erect the plant, or it might pur-
chase an existing plant. It would
not be seriously contended that the
must submit to the !
voters each or all of these meth
DDS. Many matters must be left
10 the discretion of the duly con-
stituted authorities who are, and
should be, held responsible to the
voters for the manner in which
such discretion is exercised. We
are satisfied that the purpose |
sought to be accomplished is single |
IS clearly expressed and that the |
question, was submitted in the |
matter required by the statutes
and the constitutions -"
= Only Majority Voting
With regard to majority vote
;he court says the law specifical-
y states that in a bond election |
here must be majority of the
.oters voting at the electionexpress
themselves in favor of a PROPOSE
ION, and do not q majority of all
,oters.
With regard to the third propo-
'itiQn the court held that the city
:ould not nathepsatieally sell the
,onds to comply with the method
+ payment provided in the bond
election, and that the city COM
took the advantageous
method, and substantially COM
'lied with the mandate of the
,oters.
Dissenting Opinion
Justice Bronson, IN his dissenting
pinion, held thst "this cause has
'een presented upon stipulation
ut of term time and without full
opportunity for argument and con-
liberation. 1t is unfortunate that,
through. the urgent situation ex-
sting and the request of the part.
es that prompt action be taken,
ull argument and consideration |
nay not be- had. I am of the
pinion that the question submit
cd to the voters, namely, shall
he city issue bonds for the pur-
Csc Of constructing or purchas-
ag waterworks, j. q double ques-
ion and falls within the inhibition
8 the rule announced in Stern y. Ii
argo
slpstiee Bssason also held st,
ouble question was submitted