The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1933-02-11
INITIATED LAW IS
| UNCONSTITUTIONAL
Says HIGH court
Applies to Elective State Off,
Gals But Not to Folk in
Their Employ
ACT IS HELD Indefinite
Failure to Publish at Length
Statutes Affected Was
Fatal Defect
ACT IS HELD Indefinite


at the November election. was dealt .
severe blow by the North Dakota state
supreme court which late Friday held
unconstitutional the section providing
for reduction In pay for all appointive
state officials and employees.
The effect of the courts decision Is
to confine the 20-per-cent salary re-
duction to only the elective officers,
the governor lieutenant governor, at.
torney general, secretary of state,
treasurer, auditor, superintendent Of
public instruction, commissioner Of
agriculture and labor, commissioner
OF insurance, and the three members
Of the railroad commission.
Section two of the initiated act,
which seeks to include practically
every employe OF the state and the
various institutions, is the part de-
ciared unconstitutional. This section
also provided for fixing the maximum
salary of institutional heads ut no
more than that received by members
CT the supervising board or commits
sion.
The court held this section Of the
act unconstitutional on the ground it
violated section 81 of the state consti-
tuition which provides no bill shall be
revised or amended, nor the provisions
thereof extended or incorporated in
any other bill by reference to its title
only. but so much thereof q i re-
vised, amended or extended or 30 In
corporated shall be re-enacted anc
published at length"
Senate Refused To Act
The courts decision came on the
heels of the defeat Of q measure In
the North Dakota senate Thursday to
remove the limitation Of salaries pro-
vided for heads Of institutions and ex-
pert employees. An effort was made in
the senate Friday to reconsider the
measure. on motion Of Senator
Thomas Whelan. Pembina county, but
was defeated. Senator A. w. Fowler,
Cass county, termed the section held
unconstitutional as one which will
handcuff the board Of Administrations
in making reasonable adjustment of
salaries"
Calling attention to part Of the
section held invalid, the supreme
courts decision commented 1t Is seven
more battling to the voter" than other
parts Of the same section.
One part. the decision said. at
tempts to change all laws relating to
salaries and compensation by reduc.
ing all salaries and compensation to
an amount equalling 30 per cent OF
the amount Of salaries fixed as to the
month OF January. 1882"
Confusing to Elector
Certainly no elector could tell from
this section what the salaries or COM
penSation Of the many officers or EN-.
ployes who come under 1t were for
the month Of January, 1892" the de-
cision continued, nor what salary or
compensation he was voting for such
office. or position when he cast his
ballot for the initiated measure"
The decision reverses the action Of
Judge A. G. Mcfarland in Burleigh
county district court in which . per-
emptOry writ Of mandamus against
the state auditing board was denied.
John Gammons, at that time secre-
tary of the industrial commission.
claimed that under the laws Of 1o23
his salary was fixed at $4,000 Z year
and challenged the right OF the aud
iting board to reduce his salary for
December, 1882, the last month Of his
term in office. He claimed section
two OF the initiated law was uncon-
stitutional
legislature to provide for Q 2o-per-
cent reduction in state salaries were
discussed Saturday by members q
appropriations committees Of the two
legislative branches, with indications
that such . proposal win be drawn
up.
The bill viii seek to re-enact provi-
sions Of the initiated salary-reductton
law.
The state auditing board plans to
meet next week to consider the status
Of reductions In salaries effected slnce
December 8. when the initiated law
became effective. It was the opin.
ion Of some officials that employees
could file vouchers with the auditine
board for recovering back pay.