The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1933-08-15
BEER REFERENDUM
!, RULED OFF BALLOT
/ FOR SPECIAL VOTE
IL
Held Only Measures Specifical-
ly Mentioned BY Governor
Will Go On Ballot

attorney generals office ruled that
The secretary of state should place up
on the ballot for the special election
Sept. % only the three referred meas
Tres and the two initiated laws speci-
tically mentioned in the governors
PROCLAMATION.
The opinion, written by Charles A.
Verret, assistant attorney general,
answered q request by Secretary Of
State Robert Byrne who asked wheth-
er only measures specifically named
in the governors proclamation should
be submitted to the people at the
special election or whether all Initial
ed and referred measures, including
the two not mentioned in the procla-
nation should be submitted.
The two initiated and referred
measures not mentioned in the COVER
nor's proclamation contain a request
that those two petitions be submitted
10 the electors "at the statewide pri-
mary election to be held on the last
Wednesday in June, 1884"
The answer to the question, the
opinion read. hinges upon the inter-
probation to be given section Is Of the
North Dakota constitution, as amend
ed, reading: Each measure initiated
by or referred to the electors shall
be voted upon at any statewide cleo
ton designated in the petition, or at
any special election called by the gov
ernor."
Quotes Former Decision
Verret, in his opinion, quoted a SUI
preme court decision in the case of
Frazier VS.. Hall which held the con-
stitution gave the power to petitioning
electors to designate in referendum
petitions time when referred acts
not emergency measures, might be
submitted to the electors at any state
wide election, and also, gave to the
governor the power to accelerate the
time Of holding an election upon such
referred measures by calling special
election.
The power in the governor to accel-
crate the time of holding an election
upon referred and initiated measures
les discretion which he may exercise
as to some measures and refuse to
exercise as to others, Verret ruled.
The petitioners may select the date
on which measures they initiate or
refer shall be submitted to the voters,
and unless such date is changed by
the governor. the election on such
measures cannot be had at any other
time and the exercise by the governor
of his discretionary power must be
expressed by him In some manner
that leaves no room for doubt that
he intended to exercise it,
The two initiated and referendum"
petitions referred to by Verret as not
mentioned in the governors procla-
mation both referred to vote of the
people on the municipal beer store bill
passed by the legislature. Two differ
ent groups had filed petitions holding
up operation of the law.
The five measures to be voted on
Sept. % include two initiated laws,
legalizing sale OF beer and Sunday
movies, and three referred laws-the
sales tax, state bank receiver amend
ment, and permitting the governor to
remove commissioners of the work.
mems compensation bureau without
cause.
First Since 1921
It will be the first special election
since 1921 and the second since 1919,
according to records in the secretary
OF states office.
On Oct. %. 1921, North Dakota
voted mo" on six initiated measures,
defeating proposals regarding non
partisan elections, partisan elections,
public repositories. the industrial
commission, rural credits, and Bank
OF North Dakota.
In the special election on June Is,
1919, seven referendum measures were
passed. The proposals concerned the
state publication and printing COM
mission, the board of administration,
TAX commissioners, commissioner of
immigration, industrial commission.
judicial districts and Bank Of North
Dakota.
There also was special session of
the legislature, in session from Nov.
Is to Dec. l, 1919.