The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1933-03-28
MANY new STATUTES
facing REFERENDA
And Court ACTION
Four Acts Now Before Tribu.
nails; One Petition circulat.
Cd, Two More Expected
(Dy The Associated Press)

Legal obstacles and threatened
referenda confront many laws enacted
by the recent North Dakota legisla-
ture.
Four legislative acts are before the
courts for Interpretation or ruling Is
to their validity: referendum petit
ttons are being circulated to bring
another to Z vote: ut least two 9TH
ers are believed slated for referen-
dunn: and one law has been held void
by the attorney generals office.
A test case has been instituted in
Morton county district court chal-
longing the constitutionality Of the
new law allowing . two-year redemp-
ton period for mortgages. The court
quaShed q writ Of mandamuS against
the sheriff at Mandan and the case
has been taken to the state supreme
court. A similar action was instituted
In Emmons county district court.
In Burleigh county, the act provid-
ing for transfer Of $500, 900 hail In
surance funds to the real estate bond
retirement fund Is being attacked by
. group Of Wells county farmers
who, through their counsel, State
Senator w. z. Matthaei, claim the
law violates the state constitution. An
order to restrain the state treasurer
and auditor from making the trans
fer Is sought and q hearing has been
set.
Deficiency NH Attacked
At Wahpeton. the Richla1d county
district court has under advisement
suit attacking the constitutionality Of
. law providing no deficiency bill can
be entered In . mortgage foreclosure
action. The case was argued before
Judge George f. McKenna and both
sides have indicated the action will
b taken to the state supreme court
for . final ruling.
A ruling has been given by District
Judge w. ]. Kneeshaw at Grafton
that house bill 23l, repeating the law
allowing recall elections to remove
city commissioners, applies to cities
having council form Of government.
The case was brought to determine
whether q recall election could be
held in Grafton. and the ruling null
lilies . proposed recall in that city.
Steps were taken to appeal to the
state supreme court.
An act providing for partial can
collation. Of past-due personal proper
ty taxes. II paid within q specified
date, has been held void by Assistant
Attorney General Harold D. Shaft on
tho ground that errors appear In the
enrolled bill signed by the governor.
In another ruling, Shaft held that the
governors veto Of measure provid-
ing for snuff tax should be disre-
garded, as q 1927 law provides for the
tax, and its i1advertant omission in
. 1881 law does not cancel the tax.
The intent Of the recent legislature
was to insert the omitted section.
Expect Utility Challenge
Court action Is expected to be tax
en- to test the validity Of the law Inn
posing tax Of Il per cent on gross
receipts Of certain utility companies.
It Is understood one Of the attacks on
t91S UA0 WOOAO u1vOAV0 C11&IXS t118G
the measure passed during the "long
day" session and Il unconstitutional
on the ground 1t was approved after
the time set for adjournment Of the
legislature. The legislature met three
days beyond the Goth day, with the
clocks IN the assemblies stopped short
II before the expiration Of the time
set tor adjournment.
Petitions are In circulation to refer
the law granting the governor au-
thority to remove workmen's compen.
sation bureau commissioners without
cause. II the required 1000 signatures
are obtained On the referendum petit
tious, the law Is automatically sus-
pended until voted on at the next
state vide election, scheduled for
June, 1884.
a movement has been announced
70 refer the two-pet cent sales tax.
one Of the outstanding measures
passed BY the legislature.
Attempts are expected to be made
70 refer the "beer bill" which per-
mits sale and distribution Of - beer
legalised by congress. This law goes
into effect July !. but would Be sus-
nendAd II referendum petitiouS are