The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1931-07-23
OPINION IN GAS TAX
CASE HANDED DOWN
BY SUPREME court
Citizens of North Dakota Will
Vote on Increased Tax at
Next Election
BYRNE'S ACTION OVERRULED
Legislation Must Be Construed
to Facilitate Rather Than
Hamper Action

Hamper Action
An opinion, setting for the grounds
on which the secretary of state was
ordered to accept and file petitions
for a referendum of the four cent
gasoline tax law, was handed down
Thursday by the North Dakota SUI
preme court.
On July l, the court issued its de-
cision, n day after hearing argu-
ments, and announced at that time a
formal opinion would be filed later.
The case grew out of a ruling by
Secretary of State Robert Byrne that
Of 9,277 signatures submitted on the
referendum petitions, 1899 were de-
f~ective, thereby bringing the number
of proper signatures below the re-
quired 1000. The committee for the
petitioners applied to the supreme
court for q review and an order re-
tersing the decision of the secretary
of state and the higher court sus-
tanned the petitioners.
Law Goes on Ballot
The law, passed by the recent leg
islature, o goes on the ballot at the
March presidential primary. It pro-
vides for an increase from three to
four cents a gallon in the gasoline tax,
and would have become effective July
l had the referendum petitions not
been filed.
Legislation affecting section Is of
the state constitution, providing Tor
exercise of the referendum, must be
construed, If possible, to facilitate the
use Of such right and not to hamper
1t. the opinion states. That section
Of the constitution was held to be
self-executing and all of its provi-
sions to be treated as mandatory.
Taking up the various questions in
volved in the cast the supreme court
ruled that:
Article Is of the constitution pre-
scribes no set form for a referendum
petition but does provide for a petit
ton to be signed by "at least seven
thousand electors" and that such Pc
tition shall have printed thereon a
ballot title which shall fairly repre-
sent the subject matter of the meas
ure."
To Aid Secretary
The provision of chapter 1876, laws
of 1925, providing each signer shall
add his residence, postoffice address,
and date of signing is intended by
the legislature ito aid the secretary
of state in determining whether the
signer possessed the necessary quail
fications for petitions and where such
residence. postoffice address and date
Of signing are given correctly, it is
sufficient compliance with the statute
If the same are written by the petit
toner himself, or by some other per-
son at his direction and at the time
of signing so that the whole proceed
ings constitute but one act"
The legislative intent in adopting
chapter 1875 was ito regulate and ia
cilitate the circulation of such petit
ton so as to aid the secretary OF
state to pass upon each petition as
required by the provisions Of the con-
stitution and such legislation must
be literally construed so as to effect
this purpose"
The proposed ballot title set forth
In the petition shows sufficient COM
pliance with the requirements of the
statute.
The ballot title" and the state
ment' of the question to be voted up
on are separate and distinct matters.
and the latter is prepared under the
direction of the secretary Of state.
Bound by Constitution
Where petitioners attempt to sus-
pend the will of the people as x
pressed by the legislative assembly,
they are bound by the provisions OF
this article of the constitution. and
these provisions are mandatory: but
where they describe the measure to
be referred by the title attached
thereto by the legislative assembly
and state their desire to have such
law referred to the people for their
approval or rejection, and style the
petition q referendum petition "the
fact that in the body of the petition
they use the expression be 1t enacted
by the people Of the state Of North
Dakota does not vitiate the petition.
The petition clearly shows the same
to be a referendum petition and was
so considered by the secretary OF
state.
It is not the province Of the petit
TONERS to direct the secretary Of state
how the question involved shall be
upon the. ballot; but it is the
duty Of the secretary Of state to SO
state the question that the electorate
may vote Eyes" II it desires to approve
the act Of the legislature, or mo"
II it disapproves it.
The referendum petition Is not ren-
dered insufficient by the defects
claimed to exist; that the decision OF
the secretary Of state holding the pc
tition to be insufficient Is incorrect,
and therefore the petition should be
accepted and filed comfortable to
law.
The five supreme court justices
the opinion Of tho court.
written by Judge A.;a. Burr.
The finding Of Tho secretary Of
state that the residence and post
office address and day Of signing Of
Of petitions were not writ
sconttnued from pass one,
X
4& 3r9&HN 49,