The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1932-05-02
Initiated Measure
Attacked in Court
Fargoan Says Moratorium Pro.
posaI of Farmers Union is
Unconstitutional
HEARING SET FOR MAY 20
Secretary Of State Ordered to
Show Cause Why Issue
Should Come to Vote

Action against the initiated meas
ure which would provide for a five
year practical moratorium. sched-
uled to be voted on at the North Da-
kota primary election June %, was
begun before the state supreme court
here Saturday.
Ed. G.. Anderson, Fargo real estate
broker who Is the petitioner. alleges
the proposed measure Is insufficient
and illegal.
Anderson charges publication of
the provisions of the measure and
arguments favorable to it in the
North Dakota publicity pamphlet
will cause an impairment in the val
ue of building and loan certificates
and deposits, in which 100000 per-
sons in the state, including himself,
are interested.
Six Are Defendants
Respondents in the action are Rob-
ert Byrne as secretary Of state and
members of the committee on the
initiated petition, E. E. Greene,
jamestown, state secretary of the
Farmers Union and chairman of the
petitioners committee; L. H. Dyer,
Glendale; c. w. Fine. Sheyenne: Lee
B. Hampton. Manning; and w. j.
Maddox, Plaza.
The court issued an order return
liable at p. m. May 20 that the
respondents show cause why the Sec
rotary of state should not be re-
strained from publishing the meas
ure or from placing it on the ballot
Under the provisions of the initial
ed measure, persons owning mort
gagged property could decline to pay
any part of the principal or interest
until foreclosure sale is made-then
but one per cent year of the amount
of the sale for period Of five years
or until the Frazier farm relief bill is
adopted by congress. The petitioner
alleges that should the measure be-
come a law, the income from mort
cages held by Building and Loan as
sociations would drop from approx
mately six per cent to one per cent.
1.-THE obvious. unacceptable and un-
avoidablc effect of the publication OF
said law will be to create far-reach-
ing doubt and apprehension as to the
value and enforceability of real estate
loans and investments Of the said
Building and Loan associations, In
which approximately 100000 persons
are directly interested, and conse.
quent adverse effect upon the main
tenance of existing savings deposits
therein" Anderson declared.
Other Reasons Cited
Further allegations on which the
review and writ of prohibition is basec
are that the petitions fail to contain
the full text of the measure. that the
ballot title is not sufficiently inclu'
sive, that the measure embraces more
than one subject. that the provision!
of the proposed law itself are uncon'
stitutional, that the mourning Of ex.
pense for printing would be illega
and futile.
Howard G. Fuller. of the firm o.
Lawrence. Murphy, Fuller and Pow
ers. Fargo. is attorney for the petit
: toner.
, The moratorium proposal Is one o.
five measures sponsored by the NORTH
Dakota Farmers Union. 1t calls fol
a moratorium on "all existing indebt
edness at the time that this act take
effect, including taxes and debts du'
by individuals to the state, county o.
other political subdivisions. excep
I. that benefits of this act shall not ex
tend to corporations"
Persons found to be financially abb
to pay debts would be excluded from
the benefits of the act.