The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1931-12-29
KITCHEN, PALMER
WILL KEEP POSTS
ON STATE BOARD
Attorney General Holds invalid
Law Removing Them From
Administration Body

Two ex-officio members of the state
board OF administration, who are elm
mated from the board after January
l by a law passed by the 1891 1egisla-
ture, will continue to serve on the
board on the ground the law was not
passed constitutionally, it was an
nounced Tuesday.
The cx-officio members are Miss
Bertha r. Palmer, state superinten-
dent of public instruction, and Joseph
A. Kitchen, commissioner of agricul-
ture and labor. The rest of the board
is composed Of three appointive men,
bers.
The attorney general, previous to
the passage of the law by the legisla-
ture. ruled in an opinion that a two
thirds vote would be necessary to pass
the law. The act vas subsequently
taken up by the legislature, and pre-
siding officers held the act adopted,
although it lacked the two-thirds ma
jority.
Holding that the law Is unconstitu-
tional, Attorney General James Morris
ruled that the act does not affect the
personnel Of the board.
Approved BY People
The board is organized under Sec
ton l of chapter II of the laws OF
1919. At a special election held June
26, 1919, the act was referred to the
people and was approved by a vote Of
So, 749 to 1894.
Section Is of. the constitution pro-
vides that mo measure enacted or ap-
proved by a vote of the electors shall
be repealed or amended by the legis-
lature except upon a yea and nay vote
upon roll call of two-thirds Of all the
members elected to each house."
Morris ruled the law, to be amended
must have the two-thirds vote of all
members Of each house Of the legis-
lature.
| In considering the amendment ia
eliminate the ex-officio members, the
| senate voted % for, and 20 against,
one member being absent and not vot-
ing. In the house the vote was 60 for
and so against, with three members
| absent and not not voting.
To pass the act by a two-thirds ma
jority. 1t would have been necessary
to obtain rs votes in the house and
80 in the senate.
Last February, during the legisla-
tive session, Mrs. Minnie Craig, q
member Of the house, inquired OF the
attorney general whether a two-thirds
vote was necessary to pass the law.
Shaft Ruled in February
Harold Shaft. assistant attorney
general, at that time ruled that chap
ter II, session laws of 1919, having
been referred and approved by q vote
Of the electors, 1t is my opinion that
the same may not be amended except
upon the vote of two-thirds Of all the
members elected to each house."
Recently. Ernest G. Wanner, execu-
tive secretary of the board OF ad-
ministration, requested a ruling on
the act, declaring that: 1T Is a no.
torious fact that there Is a grave pos
sibility that this law is unconstitu-
tional and 1t did not receive enough
votes in the state legislature to pass 1t.
Naturally this board is concerned as
to how it shall proceed after the end
of this year"
Morris. in his reply, called atten-
ton to Shafts opinion, declaring that
this office holds that chapter 265 OF
the session laws of 1881 Is unconstitu-
tional for the reasons disclosed In
the opinion of Mr.. Shaft"
Since 1t is unconstitutional, Morris
said, it does not make any change IN
the personnel of the board OF admin
istration.
The two ex-officio members said
they would abide by the attorney gen.
erals decision and continue to act on
the board.