The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1931-06-19
Official Declares
Documents Do Not
Comply With Law
Continued from page one)

Continued from page one)
100, passed by the twenty-second leg
islative assembly. relating to four
cent motor vehicle fuel tax and dis
tribution Of revenue derived there
from-filed with this office on June
2-does not meet the requirements Of
article 26, amendments to N. D. con-
stitution, and chap. 1875, 8. L. 1925,
and is found insufficient for submis-
sion to the voters March. 1882.
Made Careful Check
"A careful check OF the various
separate copies making up this petit
ton shows same to have been signed
by 9.277 petitioners. In 1915 cases,
however, it appears very clearly that
the Signer himself did not add the
date Of signing, his residence and
postoffice address and that this in
formation vas entered in the hand
writing of some person other than the
signer. Deducting this amount of
2975 from 9277, the total number Of
signatures, leaves 1902 satisfactory
and acceptable signatures, or 500 less
than 1000, the number required by
article 26, amendments to consti-
tuition. In this connection we wish to
state for your information that In
arriving at the number Of defective
signatures (2975) proper credit has
been given for 964 instances in which
the signer himself did originally en-
ter ditto marks In place Of date and
residence, according to your own per-
sonal statement of q week ago. But
for this the number Of defective sig
natures would have been 1899. making
total of acceptable signatures 1898 or
1862 below the required amount.
although somewhat contradictory
and conflicting in meaning no objec-
ton is made to the wording Of the
petition itself as this. in W opinion,
is sufficiently expressive of the in
tention of the petitioners 10 effect q
referendum of S. B. 100, passed by the
twenty-second legislative assembly Of
our state"
Have Legal Recourse
The legal recourse open to the peti.
TONERS Is to bring n1andamus pro-
ceedings against the secretary of state
to have him show cause Why the petit
tions should not be accepted. These
proceedings would not affect the
operation Of the law which becomes
effective unless the courts reverse the
decision of the secretary Of state.
Should the matter be taken to the
courts. as Is indicated 1t will be, q
decision in all probability would be-
handed down before the effective
date of the law.
The date for filing referendum Pc
titions expires 30 days after the close
OF the legislature, and since the time
has already expired the petitioners
cannot submit any additional sigma
lures to replace those held to be de-
fective.
If the petitioners are defeated in
the courts and still desire to bring the
gas tax law before the people, they
could do so by initiating a law. This
would require 10000 signatures. While
such a law would be q new act, 1t
could be drawn PIP to amend the
gasoline tax act 50 as to
reduce the tax to three cents or lower.
Conferred With Morris
Byrne conferred with the attorney
generals office a. to the validity Of
the petitions, but asked no formal
opinion. Attorney General James
and Charles Simon, assistant
attorney general, however, informally
advised the secretary Of state the Pc
uyern in3slfficiANt.
It was understood that Morris adj
vised Byrne that ditto marks would
be accepted as legal. since they are q
commonly accepted sign used In tie
English language. Even this amount
Of leeway, however, failed to raise the
legal signatures to the required num-
Der.
Tho law specifying rules and regu-
lations for use Of the referendum was
enacted in le35 and the provision
under which the detective signatures
were ruled out reads as follows:
Each sigrer shall add his resi-
dence, post office address, and date
Of signing"
says Requirement Clear
The requirement u 60 clear and
SO simple, Byrne said, that failure to
comply with 1t presented an insuper-
able bar to accepting tho petitions.
A decision bearing exactly on the
point at issue, Byrne said, was rem
dered by the South Dakota supreme
court in q similar case. He made 1t
clear that he believes the petitioners
viii fail II they appeal to the supreme
court from his decision as permitted
by law.
In tho South Dakota case. quoted
BY Byrne Is . precedent, tho court
said In the case Of O'Brien VS.. Pyle:
I'm many cases 1t appears from the
testimony that the siSner did not