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Proposed Amend ments to the Constitution PROPOSED AMENDMENT TO THE STATE CONSTITUTION CONCURRENT RESOLUTION foi amendment of the Conatltutlon oro vldlno 'or the Initiative and Refer endum, and the provialona thereof, the Recall of Public Officers and Fu ture amendments to the constitution. Be It resolved by the Houae of Repre sentatives of the KtaU of North Da kota. mil the Senate th*r«»f concur ring: Thai the following amendments tc lb* constitution of he State of North Dakota be referred to the legislative Assembly to be chosen at the next gen eral election. b* published. and upon agreement l« by the l..egisl ilive As sembly an ncrt chosen, as aforesaid, submituid to the penult: at the general election in the year 1UI4 for approval er rejection. in accordance with the provisions of Section 202 of thn con stitution of the Stal« of North Dakota. AMISNDMIdNTS.) Section Twenty Five (25). Fifty-seven (57), Fifty-eight (58), Fifty nine (59). and Sixty-five C65) ef Article two (2) and Section 201 of Article fourteen (14). ind Suction 203 •f Article Fifteen of the constitu tion of the Slate of North Dakota Shall be and art* hereby B'Mftided to 'Mad as follows: Section 25 The legislative »uthorlty Of lh« slate shall be vested iri legis lative assembly, consisting of senate and house of representatives. hut the People reserve to themselves the power: First. to propoae -laws, legislative mea sures. resolutions anil amendments to the constitution and to enact iind ap prove or reject the ime a.t the polls independent of the legislative assembly er the governor, (except that amend ments lo the cwistitut io shall he once referred lo ihc. legislative assembly) and Second, «t their own option, to order Cub mil ted to them, and to enact. ap prove and confirm oi reject and annul St the polls any act. measure or reso lution. or item, section, narl oi part* of any such as submitted to. proposed, en acted or rejected by the lenisliil iv« as eemhlv. oi vetoed by the governor. The power first abov« reserved by the people is the initial ive and the second Is the Huferendum livery Initiative pe tition shall include the full text of the measure proposed, and not inore than eight per cent, not in any case more than twenly-inoiisand (20.000) local elec. tors sh--i.ll he required to pet it ion for and propose any measure to compel it. to be submitted to the people at the polls, independent and regardless of. or notwithstanding non enactment thereoj by the legislative assembly or veto by the governor, providing that the inltia-' tlve pel ition proposing an amendment or amendments to the constitution shall be •igned by not mora than 15 per cent of the legal electors in »t least one-half of the count lea of the state Not more than five per cent, nor in any case more than ten thousand (10.000) legal elec tors, shall be required to petition and propose «ny measure or resolution for enactment or agreement lv ttie legisla tive assembly, or to order and employ the referendum power as to initiative measure or resolution so submitted, or Ss to any other act. measure or resolu tion. or" pari thereof.ii* herein provided •lider the second power reserved by the people All Initiative petitions for mea sures. except for municipal and wholly local legislation, shall be filed in the of fice of the secretary of state not less than four months prior to the election at which they are to be voted on. or. Within twenty days after the opening Session of the legislative assembly And Whenever so filed and not submitted to Vole al the election last preceding shall Be transmitted to the house of represen tatives at the opening session ther«of. (except proposed constitutional amend ments approved at the preceding election Shall be transmitted to the state senate together wilh any not voted on) or with. In ten davs after filing. prrfVided, none •hall he ho :,i _iS» transmitted after the thir tieth day of th« term kiitiative mea sures shall lake precedence over al* ethers in such legislative assembly ex cept appropriation bills and constitu tional amendments referred by the peo ple or preceding legislative-assembly, and shall he enacted, referred or re jected. without amendment, by the legist lative assembly at that term. If en acted, such measures shall be subject to referendum. If not enacted and not en titled hereby to be submitted to vote, then the legislative assembly, as It en acts other bills, may refer such propose^ measures to the electors either alone or together any lo the same purpose Ieglstativewith ind end, proposed and preferred bv the assembly. Whenever It shall be neccssary for the immediate preser vation of the public peace, health or safety that law shall become effective. Without delay, such necessity shall be Stated in a separate section, and if. by vote of yeas and nays, three fourths •f all members elected to each house, •Ity council or commission, as the case nay be. shall vote on a separate roll Call. In favor of the measures coins tntoj Instant operation because necessary foq .the Immediate preservntion of the publlo peace, health or safetv. such law shall become operative upon approval by the governor or mayor. »k the case may be provided, that an emergency shall not Of" so declared in any measure (treating! or Abolishing any office, or to change! the salary, term or duty of any officer •r In disposing of anv lands and natural resources belonging to the stale Heferendum petitions or orders shall be filed In the office of the secretary of State nol less than ninety days after the final adjournment of the legislative assembly which passed or to which was referred the measur* on which refer-] endnm is demanded A referendum petition ordering sub mltted an emergency law Shall not ef feet the same until said law is rejected and annnled at the polls, whereupon Such law. Item, section or part thereof So submitted shall be repealed The fil ing of a referendum petition ordering BUhmitled one or more Items, sections or parts of any duly enacted net. legis lative measure, resolution or ordinance Shall not delay the remainder, not so Ordered, from becoming operative Whenever the purpose and object SOURht sin ted and contained In con fllctiiic or competing measures or reso lutlons submitted to the people.. shall be affirmatively approved by a majority •f the votes cast for and against sucq BWMnrr* er resolutions, then the mea-4 Mr* or Resolution, embodying the pur- Pose or object so approved, which re ceived the largest number of affirmative votes shall thereby become the law oe I KThe nstltulinnal amendment and all others all thereby be rejected and repealed.' veto power of the governor or •sapor shall not attend to measures Ini^ fisted by or referred to or enacted by, the people. «e All elections on general, local and spe- il referred to the people of state or of sny locality shall be had »Ions,measures the biennial regular general elect except when otherwise provided by law. but counties, cities ana towns jpay provide for special elections on their municipal and wholly local leglsla-» Hon. In case of laws, chiefly of local In whether submitted by initiative or referendum petition or by the legls lative assembly, as for sxample, the llivtslon or creation of counties or crea .tion of new or additional offices or of fleers, the same shall be submitted to, -.{Voted on and approved or rejected onlg jut the people of the counties chlefljj Any measure submitted to the people "f' i:«, nJ? or 1 [CHAPTER 94 SESSION LAWS OF I9tl) (Houae Bill No. 37-s I Dovle i| Poster and Plovtinxl MOV/IOINO for initiative, re ferendum AND P1 T||« following proposed amendment! the Constitution of the state oi ai Vorth Dakota, having passed the Twelftt jOglslatlve Assembly, will be submitted JO the Thirteenth Logistatlve Asftembl] f®r Approval or rejection REOAt.l. St the polls, shall become enacted, be __ Md become the law when it Is approved Sr a majority of the votes cast thereon. or parts The enacting clause of all •the office of secretary Section 58. No law shall be passed by tne legislative assembly except by a bill adopted by both houses, and no bill shall be so altered and amended on Its passage through either house as to ehange Its original purpose. Section 59 The enacting clause of every law originating in the legislative assembly shall be as follows- "T?« It enacted by the Legislative Assembly of the State of North. Dakota." Section #5. No bill, (other than that approved and enacted by the people at the polls) shall become a. law except by a vote of a majority of all the members elect In each house, nor unless, on its final passage in the legislative assembly the vote to be taken by yeas and nays,' and the names of those voting he en tered on the lournal. The words "Legislative Assembly shall Psiss". "Legislative Assembly shall pVo vide",-"approve", etc or words similar or equivalent in this constitution or any amendments thereto, wherever occuring, •hall not be construed to gr nt to the Legislative Assembly any exclusive au thority of legislating, nor in any way to limit the Initiative and referendum re served bv the people. ARTICLR XIV. Section 201. No person shall be liable to impeachment twice for the same of fense Section 201 A. Every public officer in North Dakota Is subject as herein provided, to recall by the legal voters of the state or of I he electoral district from which he is elected. There may be required thirty per cent, but not more, of the number of electors who voted In his district at the preceding election for the office of the Secretary of State to file their petition demand ing his recall by the people They shall Set fortb in said petition the reasons for said demand. If he shall file an offer of his resignation, it shall be ac cepted and take effect on the day It Is filed, and the vacancy shall be filled as may be provided bv law. If he shall not resign within five days after the Ktltlon Is filed, a spcclal election shall ordered to be held within twenty days In his said electoral district to de termine whether the people will recall said officer On the sample ballot at said election snail be printed In not more than two hundred words, the reason for demand ing the recall of said officer as set forth In the recall petition, and in not more than two hundred words, the officer's justification of his course In office. He •hall continue to perform the duties of his office until the result of said special election shall be officially declared. Other candidates for the office, pre viously nominated, may be voted for at •aid special election The candidate wha shall receive the highest number ol votes shall be deemed elected for the remainder of the term, whether It be the person against whom the recall peti tion was filed, or another. The recall petition shall be filed with the officer with whom a petition for nomination to •uch office should be filed, and the re called officer's resignation, should ha resign, shall be filed with the same of- Ji il A A A MA A A 1 •pp! as herein provided when convuir flicting or COmDetlnir mauuna arm auh- l~ -r* nviviii yiuriucu wiivii competing measures are sub mitted) and shall be in force and ef fect and become operative upon date ot •ne certified statement of such vote by •be state board of canvassers. Proposed amendments to the constitu tion shall In all cases be submitted to tne people for approval or "ejection. No statute, ordinance or resolution ap proved and cnaoted by vote of the dec .ore shall be amended, repealed or in any particular nullified by any subse '®6talatlon by the legislative as sembly, city council or commission, ex cept by a three-fourths vote of all the members elected thereto, taken bv vests and nays Initiative Bills shall be "be It enacted by the peo ple of the State of North Dakota" Ana ot all ordinances, "be It ordained bv the people of (name of municipality).' Tnis section shall not be construed tc deprive any member of the legislative assembly, city council or commission, ol ,ihe right to introduce any measure l,or 'hall this amendment be construed (lo limit in any degree the Inherent rIVit •"'—Petit ion to any person or persons :,.Th" whole number of votes cast ir of state at th? regular election last preceding the filln? Initiative or referendum pet'tior snail be the basis on which the iuimbrr leKai electors necessary to sign s.icii petition shajl be computed. shall be the dutv of the secretary «r state to submit to the electors ut 2 f'*''® all measures proposed an'l ordered by petitions or referred by the legislative assembly, so entitled and file-l in his office, and to transmit all otheis to the legislative assembly In accord ance herewith, and he and all other of ficers shall be guided by the general laws, the act submitting this amend ment and the terms hereof until legisla tion shall be especially provided. shall be the duty of the legislative assembly to which this amendment is referred to make provision bv law for its execution in accordance herewith, in anticipation of Its ratification by the people. All original initiative petitions shall be returned to or filed In the office ot the secretary of state by the secretary of trie Senate not later than ten days after the final adjournment of that iwranch of the legislative assembly, with •endorsement thereon, or securely at tached thereto, showing full and com plete M'coid of the action taken rela 'tlye tl 'ieto In either and both houses of the legislative assembly Bnd its final disposition thereof The Initiative and referendum powers are hereby further reserved to the electors of each municipality and dis trict, as to all local, special and muni cipal legislation of every character, in and for their respective municipalities and districts The provisions of this section shall apply as far as may be niade applicable lo city councils, and jcomm'salot. forms ol city government Every exton-sion, enlargement, grant or conveyance of a franchise or of any right, property, easement, lease or occu pation of or in any road, street, alley or park, oi any part thereof, or in any real propurty owned bv a, municipal cor pora ion u'hethcr the same be made by statute, ordinance, resolution or other wise, shall be subject to referendum by Petition Until general laws shall prescribe the manner of exercising the Initiative and referendum powers hk to their munici pal legislation, cities and towns may provide by ordinance therefor But not more than ten per cent of the legal electors irinv be required to order the referendum, not more than fifteen per iCent to propose any measure by Initia tive in any city or town, and petitions for such measures ordering any submit ted shall be filed with such officers within the county, city or district as is by law provided for the filing of peti tions for nomination of candidates for Public office. This amendment shall ing, be self execut but legislation may be enacted es pecially to facilitate its operation. Section 57. Any bill may originate in either houae of tne legislative assembly, and a bill so originating, passed by one .house may be amended by the other. 0MI 1 a I »aou WIWI Win aailJC Ul" fleer, and the same officer shall order a special election when It Is required. No such petition aball be circulated against officer until he has actually held nu office six month*, aave and except that It may be filed against a senator or representative In the legislative as sembly or a member of a city council, oi commission or mayor at any time after five daya from the beginning of his term of office No After one such petition and special election, no further recall petition shall be filed against same officer during the term for which he was elected unless Such further petitioners shall first pay Into the public treasury which has paid such special election expenses, the wnols Of Its expenses for the preceding special election. Such additional legislation as may aid the, operation of this section Shsdl be provided by law. Including pro vision for payment by the public trea sury of the reasonable special election campaign expenses of such officer. ARTICLE XV. FUTURE AMENDMENTS. Section 202. Any amendment of five petition. Every initiative petition •hall Include the full text of the amend ment or amendments proposed and shall be filed in the office of the secretary of the state not lass than four months prior to the election at which such pro posed amendment or amendments shall bs votsd on When any measure, aot or resolution, of any -Kliim luch, (Irrespective of source) proposed an amendment or amendments to this constitution, and published as provided by law, for three months prevloua to any general state election, and at such election, shall be approved by a majority, pf the electors voting thereon, and, with out amendment, such proposed and ap proved amendment or amendments shall be agreed to and confirmed by ma jority of the members elected to each of the two houses of the next legisla tive assembly, the same shall be entered the journals of the two houses with he yea and nay vote and names of the nembera voting thereon then and there such amendment or amendments shall •ecome a part of the constitution of. his state. if not so agreed to and confirmed by he legislative assembly at that term, vithout amendment, then such proposed tnd approved amendment or amendments 'iall be submitted, by the secretary of tate, a seoond time to the electors at ie ensuing regular general election, or :eclal election, provided by law. And, the same shall be the second time ap -roved and ratified by a majority pf the lectors voting thereon, then and there such amendment or amendments shall lecome a part of the constitution of 'His state Or, If the legislative assem bly shall agree to any amendment or mendments, (excepting any approved at lie last preceding election, above pro- Idcd for) the same shall be entered both journals with the yea and nay ote as aforesaid, and It shall be the uty of the legislative assembly to re fer the same to the people for approval pr rejection at the ensuing general elec tion, or a special state election, pro vided by law and such proposed amend fnent or amendtnents shall be published as aforesaid and be submitted to the electors at the polls: and if approved Iind confirmed by a majority of the elec tors voting thereon, then and thereby such amendment or amendments shall become a part of the constitution of this ptate. All amendments submitted to the voters and approved its herein shall be effective and operative as a part of, Ithe constitution on the date of the cer-' lifted statement of such vote by the pUite board of canvassers If two or fnore- amendments shall he submitted at the same election they shall be submit ted In such manner that the electors Shall vote for or against each amend ment separately but may be presented designated and Identified on the ballot as provided by law. No convention shall be called t.o amend or propose amendments to this constitution, or to propose a new con stitution. unless the law providing for Ey uch convention shall first lie approved the people on a referendum vote at, a regular general election. PROPOSED AMENDMENT TO THE STATE CONSTITUTION (CHAPTKK 93 SKSSSION LAWS OF 1911) ((Senate Bill No 6-11 I Bessessen) PROVIDING FOR INITIATIVE AND REFERENDUM AS TO LEGISLATION A CONCURRENT RESOLUTION for an Amendment to the Constitution Pro viding for the Initiative and Refer endum. Be it Resolved by the Senate of the State of North Dakota, the House of Representatives concurring: That the following amendment to the constitution of the State of Norith Da kota, providing for the initiative and referendum shall be referred to the next legislative assembly to be chosen at the next general election in said state, and with the approval of said legisla tive assembly to be submitted to the (qualified electors for adoption or re jection, in accordance with the provi sions of section 202 of. the constitution tof the state of North Dakota. AMRNDMENT.) Section 25 of Article S of the constitution of the state of iNorth Dakota is hereby amended to yead as fallows: Section 25 The legislative authority Of the state of North Dakota shall be vested in a legislative assembly con sisting of senate and house of repre sentatives. but the people reserve to themselves power to propose laws and to enact or reject the same at the polls. Independent of the legislative assembly, and also reserve power, at their own option, to approve or reject at the polls any act. item, section or part of any act or measure passed by the legislative as sembly. The first oower reserved by the people is the Initiative, or the power to propose measures for enact ment into laws, and at least ten per 'cent of the legal voters to be secured •in a majority of the counties of this state shall be required to propose any ^measure bv initiative petition, and avery such petition shall Include th» full text hf the measure so proposed Initiative petitions shall be filed with the secre tary of state not less than thirty days before anv regular session of the legis lative assembly he shall transmit the same to the legislative assembly as soon as it convenes. Such Initiative measure shall take precedence over all other measures in the legislative as sembly except appropriation hills, and shall be either enacted or rejected with out change or amendment by the legis lative assembly within forty days If any such Initiative measure shall be en acted by the legislative assembly it shall be subject to referendum petition or it may be referred by the legislative^ —iople for approval or( assembly to the people for rejection. If it Is rejected or no ac tion is taken upon It ny the legislative assembly within said forty days, the secretary of atate shall submit it ti the people for approval or rejection at, the next ensuing regular general elec-: tion The legislative assembly may re-' ject any measure ao proposed by Initia tive petition and propoae a different one to accomplish the same purpose, and In any such event both measures shall be submitted by the secretary of state to the people for approval or re-« jectlon at the next ensuing regular elec tion. Tf conflicting measures submitted to the people at the next ensuing elec tion ahail be approved by a majority of the votes severally cast for and against the same, the one receiving the highest number of affirmative votes shall thereby become valid and the' other shall thereby be rejected Thai second power is the referendum, or the power to order any aot, item, or part, of any act to be referred to the peoplo for their approval or relectlon at the polls, and It may be ordered (except as to laws necessary for the Immediate preservation of the public peace, health or safety), as to any measure or any parts, items or sections of any mea- sures passed hy the legislative assembly either by a petition signed by ten per eenl of the legal voters of the state from a majority of the counties or by the legislative assembly, If a majority pf the members elect vote therefor. When it Is neceasary for the immediate preservation of the publlo peace, health or safety that a law shall become ef fective without delay, such necessity and the facts creating the same shall be stated in one section of the bill, and If upon aye and no vote in each house two-thlrda of all the members elected to each houae ahall vote on a separate roll call In favor of thn said law going. Into Instant operation for. the Imme diate preservation of the public peace, health or safety, sueh law shsll become operative upon approval by. the governor. The filing of a referendum inmnwiiiNiiMi»irfiiiiiiiruiNiiaHi'fiptiN'Mnniin mn*iiiiiniiiii«lfmii wil0Mi!iii!|*i^ petition against one or more Items, sections or parts of an act shall not delay (he re mainder of that act from becoming ope rative. Heferendum petitions against Measures passed by the legislative as sembly shall be filed with the secretary of state not more than ninety days after the final adjournment of the ses sion of the legislative assembly which passed the measure on which the re ferendum Is demanded The veto power of the governor shall not extend to measures referred to the people All elections on measures referred to the people of the state shall be had at biennial regular elections, except as provision may be made by taw for a spe cial election or elections. Any measure referred to the people shall take effect when It is approved by a majority of the votes cast thereon and not other wise and shall be in force from the date of the official declaration of the vote ..The enacting clause of all the Initia tive bills shall be "Be it enacted by the people of the State of North Dako ta". This sectloa shall not be eon ftrued to deprive, any member of the legislative assembly of the right to In troduce any nscaMre The whole aum- ber of votes cast for secretary of state the regular election last preceding he filing of any petition for the initia tive or for the referendum shall be the basis on which the number of legal1 .voters necessary to sign such petition phall ba counted Petitions and qrders for the Initia tive and for the referendum shall he Tiled with the secretary of state, and In submitting the same to the people 1e and all other officers shall be guided the general laws and the act sub mitting this amendment until legislation •hall be specially provided therefor this amendment shall be self execut ing, but legislation may be enacted to facilitate its operation. PROPOSED AMENDMENT TO THE STATE CONSTITUTION (CHAPTER 85 SESSION LAWS of i!.U) (Senate Bill No 2S1 —h Bessess r. PROVIDING FOR THE RECALL CONCURRENT RESOLUTION for an amendment te the Constitution of the State of North Dakota, Providing f-r the Recall of Public Officera hy the People. Be it Resolved by the Senate of the State of North Dakota, The House of Representatives Concurring That the following proposed amend ment to the Constitution of the State pf North Dakota Is agreed to and re ferred to the Legislative Assembly to be chosen at the next general election •in state for the approval, to be by said last mentiosed legislative assembly rhesaid ubmiUed to the qualified electors of state for approval or rejection, in jp,ccordance with the provisions of Sec tion 202 of the Constitution of the State •of North Dakota: AMENDMENT.) The Constitution of the Stat'- of North Dakota is amended by the addition of the following article: Article Every public officer in North Dakota is subject as herein pro vided, to recall by the legal voters of ,the State or of the electoral district from which he Is elected. There shall be required twenty-live (25) per cent, but not more, of the number of electors jwho voted in his district at the pre-, ceding election for justice of the sup reme court to file their petition de »nanding his recall by the people. They phall set forth in said petition the rea sons for said demand. If he shall offer his resignation it shall be accepted and 4ake effect on the day it Is offered, and the vacancy shall be filled as may ba provided by law if he shall not re sign within five days after the petition is filed, a special election shall be order ed to be held within twenty days in his said electoral district to determine whether the people will recall said of ficer. ()n the sample ballot at said election shall be printed in not tuoraj than two hundred words the reason for dewiariditit the recall of said officer as! set forth in the recall petition, and ln not more than two hundred words the officer's justification of his course in office. lie shall continue to perform the duties of his office until the result of said special election shall be offi-: cially declared Other candidates for .the office may be nominated to be voted for at said election, the candidate what shall receive the highest number of. votes shall be deemed elected for the remainder of the term, whether it be the person against whom the recall peti tion was filed or another. The recall petition shall be filed with the officer with whom a petition for nomination to such office should be filed, and the same officer shall order the special election when it Is required. No such petition shall be circulated against art)* officer? until he has actually held his office six months, save and except that It may be filed against a senator or representa tive In the legislative assembly at any time after fifteen davs from the begin ning of the first session after his elec tion After one such petition end spe cial election oo further recall petition shall be filed against the same officer .during the term for which he was elect ed unless such further petitioners shall first pay tnio the public treasury which has such special election expenses the whole amount of Its expenses for the preceding special election Such addi tional legislation as may aid the opera tion of this section shall he provided by the legislative assemblv, including pro vision for payment by the public trea sury of the reasonable special election campaign expenses of such officer But the words legislative assembly shall provide", or any similar or equivalent words jn this constitution (,r any amend ment there to shall not b« construed to grant f!j legislative assembly any exclusive power of law making nor in any way limit the initiative and referendum oowers reserved by the people PROPOSED AMENDMENT TO THE STATE CONSTITUTION ((,11 4|'Tr. 89 SRSSION LAWS OF 1911) (Senai, Kill rvj« 153 A S 'Jihbons) PROVIDING FOR INITIATIVE AS TO THE CONSTITUTION A CONCURRENT RESOLUTION Amending the Constitu tion of the State nf North Dakota, Provldino for the Future Amendment Thereof. ,Be^ it Resolved by the Senate of the State of North Dakota, the House of Representatives Concurring: Section X. That the following pro posed amendment to Section 202 of Ar ticle 15 of the constitution of the state of North Dukota. be referred to the legislative assembly to be- chosen at general election in the state of North Dakota» to be. If approved, ty said last mentioned legislative as sembly submitted to tha qualified elec tors of the state for approval or re jection in accordance with the provi sions of scction 202 of the constltu state of North Dakota. AMENDMENT.) Article 15. Section 202 ot the constitution of the state of North Dakota is amended so aa to read as follows: Section 202 This constitution may be smended as follows: First Any amendment or amend ments to this constitution may be pro posed in either house of the legisla tive assembly and if the same sh&II be agreed to by a majority of the members elected to each of the two houses, such proposed amendment shall ba entered on the journal of the house with the yeas and nays taken thereon, and re ferred to the legislative assembly to be chosen at the next general election, and shall be published, as provided by law, for three months previous to the time of making such choice, and if in the legislative assembly so next chosen as aforesaid such proposed amendment or amendments shall be agreed to by a majority of all members elected to each house, then it shall be the duty of the legislative assembly to submit such proposed amendment or amendments to the people In such manner and at such times as the legislative assembly shall provide and if the people shall approve and ratify such amendment or amend ments by a majority of the electors qualified to vote for members of the legislative assembly voting theron, such amendment or amendments shall become a part of the constitution of this state. »f two or more amendments shall be submitted at tha same time they shall ne submitted In such manner that the electors shall vote for or against each of such amendments separately. Second. Any amendment or amend ments to this constitution may also be proposed by the people by the filing with the secretary of *tate. at least six months Previous to a general election, of an initiative petition containing the signatures of at least twenty-five per cent of the legal voters in each of not less than one-half of the counties of the state. When such petition baa been preperly filed the proposed amend I!le?L0r "sentiments shall be publlJEed as tha legislature may provide for twee .8n/r.ivJf.u?*0, lot to be voted upon by the people at nlrit election. Should any such amendment or amendment# oropoa* J? & liiiS 6 ||"111"1 Eo 't'"1 n1 wp"" Upon by majority of all the meni'v I elected to each house, such amendment •r amendments shall become a part of the constitution of this slate Should any amendment or amendments pro lug a majority of ail the votes cast at the general election as herein provldv 1. but failing to receive approval bv Kie Ft ollowing legislative assembly to whk-h has been referred, such amendment amendments shall again be submitted the people at the next general elec for their approval or rejection as fion the previous general election. Should uch amendment or amendments receive majority of all tne legal votes cast at Imendment uch succeeding general election aucb or amendments at once be come a part of the constitution of this I'ate. Any amendment or amendments reposed by initiative petition and fati ng of adoption as herein provided, hall not be again considered until the xpiratinn of six years PROPOSED AMENDMENT TO THE STATE CONSTITUTION CHAPTER 16 SESSION LAWS OF 1911) Senate Bill No 84—C W Plain) PROVIDING FOR DIRECT LEGISLA flON 4 CONCURRENT RESOLUTION Amending tha Constitution of the State of North Dakota. Relating to the Leg lelatlve Denartment and Provldino for Direct Legialation: the Proposing of Constitutional amendments, and refer ence of lavv«. Be it Resolved by the State of North Dakota: the House of Representatives Concurring That the following amendment to the constitution of the state of North Dak ota ba refered to the Legislative As sembly to be chosen .at tlie next general election In said state, and, if approved pr the last named legislative assembly, the same be submitted to the qualified electors of h- slate fur approval or re jection. In accordance with the provi sions of Section 202 of the Constitution of the State of North Dakota. AMENDMENT To TIUJ CONSTITU TION That Section 25 of Article 2 of the constitution of the slate of North Dakota Is hereby amended to read as follows: Section 25. The legislative authority •of the State of North Dakota shall be vested in a legislative assembly consist ,ing of a senate and a house of repre sentatives. but the people reserve to (themselves the power to propose laws ^ind amendments to the state constitu tion and tr enact and approve or re uect tha same at the polls, except as to [local or special laws, as enumerated in ,8ection 70 of Article 2 of this consti .tutlon. Independently of the legislative (assembly, and also reserve the power, at .their own option, to approve or reject ind annul at the polls any act. Item, sec ion or part of any act or measure passed y' the legislative assembly except as to Haws relating to appropriation of money. Land except as to local or special laws, •as enumerated in Section TO of Article of this constitution. The first power (reserved bv the people is the initia tive. Any measure or constitutional a mendment may be proposed by the peo ple by initiative petition, signed by not .less than ten per cent, or if an amend •ment to the constitution not less than 'fifteen per cent of the legal voters in leach county of at least one-half of the bounties of the state. Any such oeti jtion shall contain the full text of the proposed measure. Such petitions shall Ibe filed with the Secretary of State ret £ess than four months prior to the elec tion at which they are to be voted on, or not later thas twenty days after the "Opening session of the legislative as jsembly to which such petitions are to be presented The Secretary of State ,shall transmit the same to the house Of representatives of such legislative as sembly on the first dav of Hie session .thereof, or not later than ten days •ifi'M the same are filed. Measures or amend tnents to the constitution so pi op.is- .1 shall take precedence over all other measures In the legislative assembly, ex cept appropriation bills, and shall be (either enacted or rejected bv the legis lative assembly without amendment, at lhat session Any such measure or amendment. If enacted or agreed to by the legislative assembly, shall be sub ject to refer-edum upon a petition as .hereinafter provided, or It may be re I fered to the people bv the legislative assembly for approval or rejection, or If no action is taken upon it by the leg islative assembly at lhat session, the Secretary of State shall submit it to the people for aporoval or rejection at the pext general election The legislative assembly may propose a different meas ure or constitution amendment to ac complish tho same purpose whereupon both measures, or both amendments, shall be submitted by the Secretary of State to the people for approval or rejection at the next ensuing general elect.lon If conflicting maasures or a mendments are submitted to the people !at a general election and each receives 'a majority of t.he votes cast for and against the same respectively, then the one receiving the highest number of af firmative votes shall be thereby deemed enacted and approved and all others re jected When any measure so approved at the polls, as provided herein, is a constitutional amendment, it shall be referred to the next legislative assembly, and should such amendment ba approved by a majority of the members elected to teach house thereof, such amendment phall become a part of the constitu tion of the state. If such amendment te rejected by the next legislative as sembly, it shall again be submitted to the people at the next general election for approval or rejection, and if the said amendment the second time receives a majority of all the votes east thereon at such election. It shall become a part of the constitution of the state. The second power reserved is the rereredum, or the power to order any act. item. or. part of anv act of the legislative as sembly to be referred to the people for their approval or rejection at the polls. A referedum may be ordered as to any measure or any part, item or section of any measure passed by the legislative as. sembly upon a majority vote of the mem bers elect thereof, or by a petition sign ed by at least ten per cent of the legal voters in each county of at least one half of the counties of the state, where upon such act, measure, part or parts thereof so ordered shall be suspended unl.il the referedum vote shall deter mine whether or not the law is sus tained or defeated, provided, that when it is necessary for immediate preserva tion of the public health, peace or safe ty that a law become effective without delay, such necessity and the facts creating the same, shall be stated in one section of the bill, and If upon aye ami nay vote in each house of the legislative assembly, two thirds of all the members elect thereto shall vote on a separate roll call In favor of such law go nr.- into instant operation on account of Hie necessity tor the same, such law shali become operative upon approval by Mis govtsriior. and shall- rot he subject 'o a referednni The reference tn the ne ple of one or more items, sections or parts of any duly enacted act or «-ver gency law shall not delay the ic n,-. der of that act or law from becoming operative. All referendum petitions shall be filed with the secretary of str.'e h in ninety days after the final adioern ment of the session of the legisTa'ivt- as sembly, which passed the measure upon which the referedum is demanded The veto power of the Governor shal' not •. tend to measures initiated bv. r». ferred to, or approved bv the people. All elections on measures referred to the people shall be had at biennial t-oguiar genera] elections, unless provisions be madfc by law for a special election on such measures Any measure thus re ferred to the people shall become a law when It Is approved by a majority of the votes cast thereon, and not other wise, and shall be in force from the date of the official declaration of the vote by the state board of convassers. Tne enacting clause of all measures Initiated by the people shall be: "Be It enacted by the people of North Dako-. ta.' th2 general elec, Placed upon the bal- petition and submitted people receive a majority of all ley.' vot?* c*ft *t such general sleot woh amendinent ot amendments fft.*" referred to the next legtala 2*2* Msenbly aad should sash proposed o» amendments be sarssi nifiiini^immi 11 4 vi I I S 5 1 4 4 1 1 1 ii 1 The basis for the computation of the number of signature* required for *ny Initiative or referendum petition •hall be the total vote east for Oover-t •or at the last general election ln the ^.unties where such petitions are signed. This section shall not be construed te member of the legislative assembly of the right to Introduce any measure. I hs Secretary of State and all other •era ahall be guided by the general IVDUM jaasi until legislation aball be especially en acted therefor. This amendment shall be self execut ing, but laws may be enacted for the Purpose of facilitating ta operation. PROPOSED AMENDMENT TO THE STATE CONSTITUTION (CHAPTER 95 SESSION LAW8 OF llll. (House Bill No ?3— A Nestos) UNIFORMITY OP TAXATION ANS CLASSIFICATION OF PROPERTY. CONCURRENT RESOLUTION Amend' Ino the Constitution of the State ef North Dakota, Relating to uniformity of Taxation and Permitting the clas sification of Property for the Purpose of Taxation and Relating further t# the Asseaament and Tsxation of Cer« tain Public Utility Companies. Be It Resolved by the House of Repre* sentatlves of the State of North Da kota. the Senate Concurring: The following proposed amendments to sections 176 and 179 as amended bjr Article of the Constitution of North Dakota of article 11 of the Constitu tion of the State of North Dakota, la referred to the legislative assembly te be chosen at the next general election In said state, to be by the said last men tioned legislative assembly submitted te the qualified electors of the state for approved or rejection. In accordance with the provisions of section 202 of the constitution of the State of North Dakota AMRNDMENT) Section 176. of the Constitution of the State of North Da kota is amended to read as follows: Section 176 Taxes shall be uniform upon the name class of property In cluding franchises within the terrltorlsl limits of the authoriiv levying the tax, and shall be levied and coileeted for public purposes only, hut the property of the United States, and of the State, County and Municipal Corporations, shall pe exempt from taxation and the leg islative assembly shall by a general law fxempt from taxation, property used ex cluslvely for sohool, religious, cemetery, charitable or other public purposes and personal property to any amount not exceeding in value 'wo hundred dollars for each individual liable to taxation: provided that all t.aves and exemptionB In force when this amendment Is adopt ed shall remain in force, tn the same Itnansier and lo the same extent, until otherwise piovlded bv statute AMENDMENT Section 179 as amend ed by article 4 of the Constitution of North Dakota of the '"onstitution of the State of North Dakota la amended ta read as follows: Section 179. All taxable property ex cept as hereinafter in this section pro vided. shall be assessed in the county, city. township, vjlla-e or district la which it is situated, in the manner pre scribed by law The property including franchises of al) railroads opernted la this state, and of all express companies, freight line companies, dining car com panies, sleeping car companies, car equipment companies, or private car lino companies, telegraph or telephone com panies or,corporations operating Iri thla state amr used directly or Indirectly in the carrying of person, property, or messages, shall be assessed by the state tooard of aqualization in a manner pre scribed by such state board or commis •sloii as mav be pro' ided by law. But ^should any railroad allow anv portioa ff its railway to be used for any pur pose other than the operation of rail road thereon, such portion of Its rail Iway. while so used shall be assessed tn ^he manner provided for the assessment of other real property 7 Approved March 3. 19)1 PROPOSED AMENDMENT TO THE STATE CONSTITUTION (CHAPTER 97 SESSION LAWS OF 19111 House Hill No 78— M. O'Connor of Grand Forks) PUBLIC INSTITUTIONS A CONCURRENT RESOLUTION amend Article 19, Section 216 of th« Constitution of th*» State of North Dakota. Pertainl/tQ to public Institu* tlons. Be if Resolved by tho House of Repre sentatives of the Slatm of North Da kota, the Senate ''onourring THAT the following proposed amend* ment to Article 19. Suction 216 of th% constitution of the suit* of North Da 'kota. is aereorj to mnl hereby referred to the Legislative As^ mbly to be chosen at the next general election in the Stat* Of North Dakota, to he by said last ^mentioned L«gis)atJw Assembly sui (ted lo the qualified ••lectors of said jptate for approval "r rejection, in ac cordance with the provisions of Section 20- of the Constitution of the State of North Dakota AWI'.'.NDM Article 19. Section J2lf» of the Constitution of the State of JNorth Dakota, is amended io as to read 'U:* follows Section 216. The following named pub* lie institutions are hereby permanently ,1ocatfid as hereinafter provided, each •to have so much of the remaining grant pf one hundred and seventy thousand acres of land made hv 'he United Stat'-i for "other educational and charitably Institutions." as is allotted by 'aw, viz: First A soldier's home, when located, or such "th*r charitable institution aj the legislative assemhiv may determine, at Ush*n. in the '»unty of Ransom, with a grant of fortv thousand arres of |land. Second. The echo.,I for the blind of orth Dakota, at Rathgate, in tha ounty of I'embina. with grant of htrty thousand acres Third. An industriul school and school for manual training, or such other edu cational or charitable institution as the legislative assembly may provide, at the town of EMendale, in the county of Dlckev, with a grant of fortv thousand acres Fourth. A school of forestry, or such other Institution as the legislative sembly may determine, at the city of pottmeau. in the county of Bottineau Fifth. A scientific school, or such Other educational or charitable institu tion as the legislativp assembly may prescribe, at the city of YVahpeton.l county of Richland, with a erant of forty thousand acres Sixth A state normal school at tha City of Minot. in the county of Ward provided 'hat no other institution sf a characip similar to anv one .,f tho.se located bv this article, shall be estsrh •ished or maintained without a revision of this constitution. Approved February 24. 1911. PROPOSED AMENDMENT TO THE STATE CONSTITUTION (CHAPTER 91 SESSION LAWS OF 19111 (Senate BUI No 247—T Welo) n^r -"wc ... ..J 1) Aft :V, 'A' '•Vr' 1 CONSTRUCTION AND IMPROVEMENT OF PUBLIC HIGHWAYS. A CONCURRENT RESOLUTION A, mendlno Section 185 of the Consti tution of the Stste of North Dakota, Relating to Stste Aid In the Con struction and Improvement of Puolia Highways. Be It Enacted by the Legislative As sembly of the State of North Dakota: -That the following amendment to the Constitution of the State of North Da kota be referred to the Legislative As sembly to be chosen at the next general election in said state, to be by the last named Legislative Assembly submitted to the qualified electors for approval or rejection in accordance with the provi sions of Section 202 of the Constitution of the State of North Dakota. ^AMENDMENT TO CONSTITUTION 1 That Section 115 of Article 12 of the Constitution of the State of North Da lows- atnMnded to read aa fol- Sectlon 185. Neither the atate nor any county, city, township, town, school ih.n1- ?ny other Political subdivl- J0*".or ^ive lt8 credit or 5j«&e donations to or In aid af any 1 dividual, association or contention ex cept for necessary support of the Door jjor subscribe to or become the owner of the capital stock swffssfwr j*81-'™aseoelatinaanyof '4 wf-