The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1931-07-23
Opinion in Gas Tax
Case Handed Down
BY Supreme Court
Continued on page nine)

80
ten by each of the petitioners them
selves is discussed at length.
1T is conceded" the opinion says
that this finding is made by the sec.
rotary upon the examination Of the
petition itself and there is no init
nation to the effect that any extrin-
sic evidence was offered. The secre-
airy does not contend the signatures
are not genuine, nor that there Is
not sufficient number of required sig
natures. It is true, those desiring to
intervene filed a cross-petition where
In they attack the petition; but the
constitution says that where the pro-
ceedings are brought against any Pc
tition upon any ground, the burden
of proof shall be upon the party at
lacking it and no proof whatever is
offered by any one to show that the
signatures are not genuine. that each
signature was not written by the Pc
titioner himself. or that the petition
is not signed by 1000 electors of the
state.
Reviews Secretary's Finding
This is a proceeding to review the
finding of the secretary on this mat
ter-the sole matter upon which he
rejected the petition. This proceed
ing is an attack upon the act of the
secretary and it is commended that
therefore the finding of the secretary
to the effect that these petitioners
did not themselves write in their own
residence and postoffice address, nor
themselves date their signatures,
comes before us clothed with the pre-
sumption of being correct.
THE constitution does not prescribe |
the procedure for the secretary of
state to follow when a petition is pre-
to him. If he finds it insult
ficient' it is his duty to so notify the
for the petitioners. What
he shall do in examining the petition |
or how he shall determine its suffi-
cheney is not specified. Clearly. how
ever, it places upon him the duty of
determining. in the first place,
whether the petition conforms to
whatever is required by the constitu-
ton and the laws of the state. .
1T is not commended that in case
the signer did not himself write his |
residence, %postoffice address, and date
Of signing he did not authorize and
direct the circulator Of the petition
Dr. some other person to do the writ
ing for him. The constitution does
not require the petitioner to add his
residence, postoffice address and date
II signing. This is a statutory pro-
Vision and the statute does not say
hat the signer shall add the same
n his own handwriting
Statute Provides Penalties
The constitution by making pro-
'ision for a petition makes provision
or the petitioner signing the same
The statute presumes he signs it him.
elf and provides a penalty for sign
ng the petition more than once. Not
My this, but the statute requires the
lffidavit to show that the signature
IS the genuine signature of the per-
whose name it purports to be- It
Ices not require that the written
residence, postoffice address and date
# signing shall be the personal writ
ng OF the one whose name it purports
o be.
This does not permit the circulator
r any one else, of his own volition,
o write in the residence, postoffice
ddress, or date of the signing; but it
oes not preclude the signer specifical-
' directing any one to write in resi-
and postoffice address. We
must remember the statute cannot
e permitted to hamper or hinder the
'etitioner, that the purpose of the
tatute is to facilitate the exercise Of
he power reserved"
The action was brought by H. C..
Fargo. chairman of the
ommittee for petitioners for the ref
rendum of Senate Bill 100, which Is
he gas tax law. Three electors ap-
lied for leave to intervene and their
ounsel was heard by the court.