The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1924-02-05
SHAFER HOLDS
ELECTION LAWS
CALL IS LEGAL
Acknowledgement Finds OBJ
iectiOns of Secretary of
State Hall GrOundleSs
NESTOS HAS POWER
Governor Can Call Election
Anytime Except on Emerg-
ency Measures He Decides

Attorney General George Shafer
today infosmed Secretary Of State
Hall that it is his duty to certify
the referred election laws to county
auditors Cor submission to the voters
at the March Is election.
In his opinion regarding the legal
ity of the governors proclamation
in submitting the measures at the
March primaries, the attorney gen
eral rules that the executive mad
full power under the constitution and
is not limited by time.
While the attorney generals once
had already made investigation Oh
the laws regarding the calling OF the
special election at the request OF
Governor Nestos, and held the Gov
ernor had the power, before the lat
ter issued his call, the present study
and opinion was directed toward spe-
cific objections raised.
In his letter to the attorney general,
Mr., Hall said, that paragraph OF
the constitutional amendment gave
the governor his only power to sub
nit the measures, but that this pow
err was coupled with a time limlta-
ton of 1870 days after the adjourn
ment of the legislative session.
:. Mr.. Shafer ruled that the power
in paragraph six relates only to
emergency measures. He said that
the power the governor acts under
is specified in section and relates
to referred and initiated measures
and makes no limitation as to time.
Has Authority.
at is my opinion, Mr.. Shafer SAID.
"that the governor has constitutional
authority, under Article 26 Of amend
ments, to call special election TOT
the purpose of submitting any meas
ure. not an emergency measure, al
4 any time without regard to the hml-
tation contained in the sixth para
graph of the constitutional amend
ment, and that the language In the
said sixth paragraph, including the
1870 day limitation, refers only &c
emergencx. measures. 1t is clear &c
NV mind that the trainers OF TINS
constitutional amendment intended &c
and did treat emergency measures
upon an entirely different basis thar
other measures" {,
Emergency measures, he said, are
not suspended from operating by nj
ing of referendum petitions. Elec
tors can compel submission o.
emergency measures by filing petl
tions containing 10000 names. L
would be futile, he said, to com
uel>a reluctant governor to call sucl
Ln
act within a specified time, and con
sequently time limitation was pro
vided.
What mendment Provides.
Mr.. Shafer says,
81 think that the language contain
ed in the fourth paragraph OF tn
amendment, wherein it is provides
that each measure initiated by
referred to the electors snai
be voted upon at any statewide ele-
ton designated in the petition. or n
special election called by the gov
/ernor,' taken in the light OF the Ian
guage contained in the entire amend
ment, is aasufieient grant OF rowe
in the governor to call such spec'a
election without regard to the, pre-
visions contained in the sixth para
graph thereof. 1t will be noted tina
J the amendment states, each measur
\ initiated by or referred to the elet
tions,' Shall be voted upon at tn
election designated in the petition
or at a special election called by tn
governor, whereas, it must be clea
that the 1870 day limitation containe
in the sixth paragraph, could Nhav
no reference to an initiated measure
and yet it is obvious that this cor
stitutional provision vests in tn
governor the authority to call spt
cial election to enable the electol
to vote upon an initiated measure.
we'll as referred measure
In regard to whether the COVE
nor or the petitioners fix the time
election, the attorney general rule
that inasmuch as the "discretional
power rests in the governor to ca
a special election at any time oth'
than that designated in the petitlo
the authority to determine when TT
measures shall be submitted, res
with him."