Newspaper Page Text
Proposed Amend ments to the Constitution If 8Ian following proposed amendment! _fhS. Constitution of the state ol North Dakota, having pssied the Twelft) legislative Assembly, will b« submitted to the Thirteenth Legislative Assemblj Car approval or rejection PROPOSED AMENDMENT TO THE 8TATE CONSTITUTION CHAPTER «4 SESSION LAWS OF l#ll) (House Bill No. 237- 9 Doyle »l foster and Ployharl PROVIOINQ FOR INITIATIVE. RE FERENDUM AND RECALL 0 CONCURRENT RESOLUTION foi amendment at the Constitution oro vldina 'or the initiative and Refer endum. and the provisions thereof, the Recall of Public Officers and Fu ture amendments to the constitution. It resolved by the House of Repre sentatives of the Statu lit North Da kota. and the Senate tharvof concur ring" That the following amendments tc the constitution of the State of North Dakota be referred lo the Legislative Assembly tu be chosen at the next gen eral election. b« published. and upon Kreement lo ba by (lie Legislative As sembly an next chosen, an aforesaid, submit led to the people at the general •lection in the year I HI 4 (or approval •r rejection. in accordance with the provision.-! of Section 202 of the con stitution of tho State of North Dakota. AMENDMENTS Section Twenty Five (25). fifty-seven (RV). Fifty-eight (68, Filly nine (69). and Sixty five (65) •f Article two (2) and Section 201 of Article) Fourteen (14). *nd Section 202 •f Article Fifteen 1!) of tiie constitu tion of the State of North Dakota shall fee and ar» harehv a "landed to as follows Section 25 The legislative authority Of the statu shall be v/eslud in legis lative assembly. consist in) of a senate and house of repi esenlsitives. hilt (he People rtnserve lo themselves the power: First, lo propose laws, legislative mea sures. i'.-solutions and rnendments ta the constitution anl to enact and ap- Independent irove or reject the same at the polls of the legislative assembly Or the gouernur, (except I Mil amend ments to the constitution shall he once referred to the legislative assembly) and •Second, at their "'»II option, to order Submitted lo them, and to enact.-ap prove ami confirm ot reject and annul •t Hie polls »nv ad. measure or reso lulion. or Hum, section, part or parts of any sucli as submitted to. proposed, en acted or rejected by the legislative as sembly: or vetoed by lh» governor. The power first above reserved bv the Beople is the Initiative and the second Is the liuferendum Kverv initiative pe tition shall includa the full text of Hie measure proposed. anil not more than Sight pet cent, not in any case more than twenly-llioiisanil (20.000) legal elec tors shall be reuuired to petition 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 thereof by the legislative assembly or veto by the governor, providing that the initia tive petition proposing art amendment or amendments to the constitution shall ba Signed by not mora than 5 per cent of the laical electors in «i least one-half of the counties of the stale Not mora than five per cent, nor in anv casa mors than ten thousand- (ID.000) legal elec tors. shall be required lo petition and propose anv measure or resolution for •nactmenl or agreement by the legisla tive assembly, or to order and employ •be referendum power ax to initiative measure or resolution so submitted, or •s to any other act. tpeasure or resolu tion. or part thereof.as herein provided •lider the second power reserved by tbs people All initiative petitions for mea sures. except for municipal and wholly local legislation, shall he filed in the ««f- ce of the secretary of state not less four months prior to the election which they are to be voted on. or. Within twenty days after the opening Session of th* legislative assembly An) Whenever so filed and not submitted to Vote a I the election last preceding shall be transmitted to the house of represen tatives at the opening session thereof, (except proposed constitutional amend •nenIN approved al the preceding election •hall be transmitted to the state senate together with any not voted on) or withi In ten days after filing, provided, nona Shall ba so transmitter) after the Ihir. tleth day of the term. Initiative mea sures shall take precedence over al| Others in such legislative assembly ex Sept appropriation bills and constitu tional amendments referred by the peo ple or a preceding legislative assembly, •nd shall be enacted, referred or re jected. without amendment, by the legisi lative assembly at that term. If en acted, such measures shall be subject ta 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 with any to the same purpose Rigislatlveproposed nd end, and preferred by the assembly, whenever it shai^ be necessary for the immediate preser ration of the public peace, health or safety that a law shall become effective, without delay, such necessity shall bs Stated in a separate section, and if. byj vote of yeas and nays, three fourths Of all members sleeted to each house, Olty council or commission, as the case •lay be, shall vote on a separate roll call. In favor of the measures going iniq Instant operation because necessary fqfl the immediate preservation of the publfo Kcomehealth ace. or safety, such law Khali opera!ive upon approval by tpa gftvetnor or mayor, us the case tnay be provided. Ituit an emergency shall not Be so declined in any measure creating Or abolishing anv office, or to change! the salary, term or duly of any officer, •r In disposing of anv lands and natural Resources belonging to the stale Referendum petitions or orders shall be filed In tho office of the secretary of State nol less than ninety days after the final adjournment of the legislative assembly which passed or lo which was referred the measurv an which rofer-i •ndum is demanded A referendum petition ordering subr mil ted an emergency law shall not ef fect the same unttl said law is rejected and arinuled at the polls whereupon Btirh law. ilem. section or part thereof So suhmllterl siAill be repealed The fil ing of a referendum petition ordering Submitted one or more items, sections or narls of any duly enacted act. legis lative measure, resolution or ordinance Shall not delay the remainder, not so •rdererl. from becoming operative Whenever the purpose and object Sought, stated and contained In con flict ing or competlnr measures or reso lutions submitted to the people, shall be .ifrlrm itively approved by a majority Of the voles cast for and against suchl measures or resolutions, then the mea-4 •are or resolution, embodying the pur pose or object so approved, which re solved the largest number of affirmative Votes shall thereby become the law oe Constitutional amendment and all others •hall thereby be rejected and repealed^ The veto power of the governor olj Btayor shall not extend to measures Inli tla ted by or referred to or enacted by All elections on general, local and spe stal measures referred to the people of the state or of any locality shall be had ?Ions, it the biennial regular general elec^ except when otherwise provide* by law. but counties, cities and towns may provide for special elections on their municipal and wholly local legisla-j tlon. Tn case of laws, chiefly of local In-, tsreat, whether submitted by Initiative or referendum petition or by the legis lative assembly, as for example, the! division or creation of counties sr crea tion of new or additional offices or of ficers, the same shall be submitted toj Veted on and approved or rejected only ij the people of the counties chiefly Interested. Any measure submitted to ths people at the polls, shall become enacted, be fMd become the law when It Is approved tgr a majority of tbe votes cast thereon. ««Mept as herein provided when con "tctlnjr or competing measures are sub mitted) and snail oe In force and ei fect and become operative upon date ot 'be certified statement of such vote b.v the state board of canvassers. Proposed amendments to the constitu tion shall In all cases be submitted it. the people for approval or rejection No statute, ordinance or resolution ap proved and enaoted by vote of the ei«-i tors shall be amended, repealed or »ny particular nullified by any subs Quant legislation by the legislative as sembly, city council or commission, ex cept by three-fourths vote of all the members elected thereto, taken bv vet •nd nays. ..Ths enacting clause of all Initiative bills shall be "be It enacted by the poo Pic of the State of North Dakota And of all ordinances, "be It ordnln°d Dv the people of (name of municipality) This section shall not be construed tc deprive any member of the legislative assembly, city council or commission, oi ,ths right to Introduce any measure, •p°r, shall this amendment be construec po limit In any degree the inherent rivn petition to any person or persons The whole number of votes cast for •the office^ of secretary of state at 'i regular election last preceding the filinp *nV Initiative or referendum petitlor snail he the basis on which the ntimboi .Of legal electors necessary to sign .such oe tit ion shall be computed. 1 I* shall be the duty of the secretary Of atate to submit to the electors ui the polls all measures proposed nn 1 ordered by petitions or referred by lii" legislative assembly, so entitled and filed in his office, and to transmit all others to the legislative assembly In accord ance herewith, and ho and all other of fleers shall be guided by the general laws, the act submitting this amend-' ment and the terms hereof until legisla tlon shall be especially provided. It shall be the duty of the legislative assembly to which1 this amendment is referred to make provision bv law for its execution in accordance herewith, in anticipation of Us unification by the people. All original initiative petitions shall be returned to or filed in the office of the secretary of state by the secretary of the Senate not later than ten days after the final adjournment of that Branch of the legislative assembly, with endorsement thereon, or securely at tached thereto, showing full and com plete record of the sicllon taken rela tive tl '-reto in either and both houses of ihe legislative assembly and 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 Iheir respective municipalities and districts Tin- provisions of this sectioti shall apply as far as may ba made applicable to city councils, and commission forms of city government Rverv extension, enlargement, grant •or conveyance of a franchise or of any right, oroperty, easement, lease or occu pal ion of or in any mad, street, alley or park, oi any part thereof, or in any real property owned bv a municipal cor poral ion. whether the same be made by statute, ordinance, resolution or othc' wise, shall b« subject to referendum by petition Until general laws shall prescribe the manner of exercising the initiative and referendum powers as to their munici pal legislation, cities and towns may provide by ordinance therefor But not more than ten per cent of the legal electors tnav be required to order the referendum, not more than fifteen per xient to propose any measure by initia tive In any city or town, and petitions for such measures ordering any submit ted shaH 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 be self execut ing, but legislation may be enacted es pecially to faollltate its operation. Section 67 Any bill may originate In either house of the legislative assembly, and a bill so originating, passed by one .house may be amended by the other. Section 58. No law shall bs passed by the legislative assembly except by a bill adopted by both houses, and no bill shall be so altered and amended on it a passage through either house as to change Its original purpose. Section R9. The enacting clause of every law originating in the legislative assembly shall be as follows: "Be it enacted by the Legislative Assembly of the State of North Dakota." Section CB 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 votlag be en tered on the journal. The words "Legislative Assembly shall pass". "Legislative Assembly shall pro vide".-"approve*", etc or words similar or equivalent in this constitution or any amendments thereto, wherever occurilig, Shall 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 sarveit bv the people. AKTICLI3 XIV. Section 201. No person shall be liable to impeachment twicv for the same of fense Section 201 A. Every public officer In North Dakota subject as herein provided, to recall by the legal voters of the state or of the electoral district from which he is elected. There may be required thirty per cent, but not more, of the number of electors whai voted in his district at the preceding election for the office of the Secretary of Slate to file their petition demand ing his recall by the people They shall set forth in said petition the reasons for said demand. If he shall file an offer of his resignation, it shall be an cepted and take effect on the dav it Is filed, and the vacancy shall be filled as may be provided hv law lr he shall not resign within five days after the petition is filed, a special election shall be 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 Shall be printed in not more than tw hundred words, the reason for demand Ing the recall of said officer as set foi It In the recall petition, and in not morj than two hundred words, the officer's justification of his course In office, llo shall continue to perform the duties of his office until the result of said specfol election shall be officially declared Other candidates for the office, pro vlously nominated, may be voted for a said special election The candidate w!v. shall receive the highest number of votes shall be deemed elected for t!w remalnder of the term, whether It I• the person against whom t.he recall no tion was filed, or another. The re petition shall.'be filed wilh the ot\ i* with whom a petition for nomination such office should be filed, and tic called officer's resignation, should resign, shall he filed with the same -. fleer, and the same officer shall special election when it Is required such petition shall be circulated r, any officer until he has actual be'i his office six months, save and e.\-.'' that It may be filed against a senator representative In the legislative .i semblv or a member of a city commission or mayor at any time iv a in in is of office After one such petition and str election, ,no further recall petition sn -..I be'filed against same officer durltr: term for which he was elected such further petitioners shall firs-i r,:i .• Into the public treasury which has i.o'.l such special election expenses, thev. or Its expenses for the preceding spe_u.i election. Such additional legislation •lay aid the operation of this sccti -i •hall be provided by law, including pt vision for payment by the public trea sury of the reasonable special elecno campaign expenses of such officer. ARTICLE XV. FUTURES AMENDMENTS. Ssctlon 202. Any amendment ot amendments to this constitution may b« proposed in either house of the legisla tes assembly, or by the people by initia tive petition. Evenr initiative petition •hall Include the full text of the amend ment or amendments proposed and shall be filed In the office of the sscrstary of ths stats not Isss than four months prior to the sleetlea at which such pro posed amendment or amendments shall be voted on. When any measure, act or resolution, ar Itsxn, section or part or parts of any •tich, (Irrespective of source) proposed as an amendment or amendments to this constitution, and published as provided by law, for three months previous to any general state election, and at such slsctlon, shall be approved by a majority, of tbs 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 'n the journals of the two houses with he yea and nay vote and names of the nembers 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 the legislative assembly at that term, without amendment, (hen such proposed •nd approved amendment or amendments [lie hall be submitted, by the secretary of tate, a second time to the electors at ensuing regular general election, or Special election, provided by law And, I•rovedsame the shall be the second time ap and ratified by a majority of ths jk ctors voting thereon, then and there by such amendment or amendments shall pecome a part of the constitution of litis state Or, If the legislative assem bly shall agree to any amendment or imendments, (excepting any approved at i.ic last preceding election, above pro tided for) the same shall be entered tn both journals with the ysa and nay vote as aforesaid, and it shall be the fluty of the legislative assembly to re fer the same to the people for approval pr rejection at the ensuing general eleo* lion, or a special state election, pro vided by law and such proposed amend ment or amendments shall be published as aforesaid and be submitted to the electors at the polls: and If approved £nd confirmed by a majority of the elec tors voting thereon, then and thereby such amendment or amendments shall become a part of the constitution «l this ^tate. No convention shall be called to amend or propose amendments to this constitution, or to propose a new con stitution. unless the law providing for such convention shall first be approved oy the people on a referendum vote at a regular general election. PROPOSED AMENDMENT TO THE STATE CONSTITUTION (OHAPTKH 93 SESSION LAWS OF 1911) ,(Senat» Rill No &— I Bassassen) PROVIDING FOR INITIATIVE AND REFERENDUM AS TO LEGISLATION A CONCURRENT RESOLUTION for an. Amendment to the Constitution Pro viding for tho Initiative and Refer endum. Be it 'Resolved by the Senate of the .' State of North Dakota, the House of Representatives concurring: Thai the following amendment to the constitution of the State of North Da kota, providing for the initiative and referendum shall be referred lo the next legislative assembly to ba chosen at jthe 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 wilh the provi sions of section 202 of the constitution (of the state of North Dakota. AMENDMENT Sectjon 25 of Article S of the constitution of the state of North Dakota la hereby amended lo read as follows: Section 25 The legislative authority of tbe state of North Dakota shall be Vested in a legislative assembly con sisting of senate and house of repre sentatives,' but tbe 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 power 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 tho legal voters to be secured in a majority of the counties of this state shall be required to propose any measure by initiative petition, and every such petition sball include tln» full text of the measure so proposed Initiative petitions shall be filed with the secre tary of state not less than thirty days before any regular session of the legis lative assembly: be shall transmit tti4 same to the legislative assembly as soon as it convenes. Such initiative measure shall take precedence over all other measures In the legislatlv« as sembly except appropriation bills, 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, assembly to the people for approval or, rejection. If It Is rejected or no ac tion is taksn upon It by the legislative assembly within said forty days, the secretary of state shall submit it toi tbe people for approval or rejection at the next ensuing regular general elec tion The legislative assembly may re ject any measure so proposed by initia tive petition and propose a different one to accomplish tbe same purpose, and in any such event both measures shall be submitted bv the secretary of state lo the people for approval or re jectlon at tbe next ensuing regular elec tion. If conflicting measures submitted to the people at the next ensuing elec tion shall 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 tho other shall thsreby be rejected Thet second power Is the referendum, or the power to order any act. Item, or part Of any act to be referred to the people for their approval or rejection at the polls, and it may be ordered (except as to laws necessary for the immediate preservation of the public peace, healt or safety). a» to any measure or any parts, items or sections of any mea sures passed bv the legislative assembly /either by a petition signed by ten per eent of the legal voters of the state from a majority of the counties or by the legislative assembly, if a majority ftf the members elect vote therefor. When It is necessary for the Immediate preservation of .the public 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 tn each house two-thirds of all the members elected to each house shall vote on a separate roll call in favor of the said law going Into instant operation for the Imme diate preservation of the public pcace. health or safety, such taw shall become Operative upon approval by the governor. The filing of a referendum petition against one or more items, sections or parts of an act shall not detsy the re mainder of that act from becoming ope rative. Referendum 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 ths re ferendum Is demanded The veto power of the govsrnor 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 bs made by law for a spe clal 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 wi#e and shall be In force from the date or the official declaration of the vote ..Th6L.?.nactin? r,ause of all the Initia tive bill* shall bo "Be It enacted by ths people Of the State of North Dako ta". This sectisa shall not be con strued to deprive any member of the legislative assembly of the right to In troduce any mtissw The whole nun ber of votes cast for secretary of state ft* th® regular election last preceding the filing or any petition for the initia tive or for the referendum shall be the basis on which the number of legal yoters necessary to sign »uch petition Shall bs counted Petitions and orders for the initia tive and for tha referendum shall be filed with the secretary of state, and In submitting the same to the people be and all other officers shall be guided Py the general laws and the act sub this amendment until legislation •hall be specially provided therefor fins amendment shall bs self execut in*». b**t legislation may be enacted to faollltate its operation PROPOSED AMENDMENT TO THE STATS CONSTITUTION (CHAPTER 16 SESSION LAW8 of 1911» (Senate Bill No 281—H Bessesser,) PROVIDING FOR THE RECALL CONCURRENT RESOLUTION fv an amendment to the Constitution of the State of North Dakota, Providing rhesaid 1 All amendments submitted to ths voters and approved as herein shall be effective and operative as a part of. |the constitution on the date of the cer-' tified statement of such vote by the State board of canvassers if two or more amendments shall be 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 tha ballot as provided by law. for the Recall of Public Officers by the People. ie 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 mentioned legislative assembly ubmitted to the qualified electors of state for approval or rejection, in accordance with the provisions of Sec tion 202 of the Constitution of the State Of North Dakota: AMENDMENT.) The Constitution of the State of North Dakota Is amended by tho addition of tho 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-five (25) per cent, but not more, of the number of electors (who voted in his district at the pre-, ceding election for justice of the supJ re me court to file their petition de manding his recall by the people. They phali set forth in said petition the rea sons for said demand. If he shall offer Ills resignation it shall be accepted and take effect on the day it Is offered, and the vacancy shall be filled as may be 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. On the sample ballot at said election shall be printed in not mora^ than two hundred words the reason for demanding the recall of said officer asl set forth in the recall petition, and lr* 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 who' 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 oetltion shall be circulated against aifM officer, until he has actually held his office six months, save and except thai 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 and spe cial election on 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'pav into the public treasury which has such special election expenses the whole amount of Its expenses for the preoedlng special election Such addi tional legislation as may aid the opera tion of this suction shall he provided by the legislative assembly, 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 prords in this uonstitution or any amend ment there to shall not be construed to grant to the legislative assembly any exclusive power of law making nor In any way to limit the initiative and referendum oowers reserved by the people PROPOSED AMENDMENT TO THE 8TATE CONSTITUTION (CIHPTRK 89 SESSION LAWS OF 1911) (Seualo Bill No 153 A S gibbons) PROVIDING FOR INITIATIVE AS TO THE CONSTITUTION A CONCURRENT RESOLUTION Amendino the Constitu tion of the Stste of North Dakota, Providino for the Future Amendment Thereof. ,Bf It Resolved by the Senate ef the State of North Dakota, the House of Representatives (''incurring: Section 1. That the following pro posed amendment to Section 202 of Ar ticle 15 of the constitution of the state of North Dakota, be referred to the legislative assembly to be chosen at the next general election in the state pf North Dakota to be. if approved. ty said last mentioned legislative as sembly, submitted to the qualified elec tors of the state for approval or re jection In accordance with the provi sions of section 202 of the constitu tion of ths state of North Dakota. AMENDMENT Article 15. Section 202 of the constitution of the state of North Dakota is amended so as to read as follows* Section 202 This constitution way be emended 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 shall be agreed to by a majority of the members eleAed to each of the two houses, such proposed amendment shall be 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 he 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 wots for members of the legislative assembly voting theron, such amendment or amendments shall become a part of the constitution of this state, "'wo or more amendments shall be submitted at the same time they shall be 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 mtwg with the secretary of state, at least six months previous to a general election, Of an initiative petition containing the signatures of at least twenty-five per cant of the legal voters in each of not less than one-half of the counties of the state. When such petition has been properly filed the proposed amend ment or amendments shall be published as ths legislature may provide for threo months previous to the general elecn tloa, and shall bo placed upon the bal lot to be voted upon by the people at the next general election. Should any such amendment or amendments propos sd by Initiative petition and submitted people resolve a majority of all the legal votes cast at such general eleo* tlon, sucb junondmont oi amendments snail be referred to the next legisla tive assembly and should sush proposed ameudmeat or amendments be agreed npon by a majority of all- the members sleeted to each house, such amendment ar amendments shall become a part of the constitution of this state. Should ftny amendment or amendments pro lug a majority of ail the votes cast at tho general election as herein provided,1 put failing to receive approval bv the following legislative assembly to which |l has been referred, such amendment Eion amendments shall again be submitted the people at the next general elec-' for their approval or rejection as at the previous general election. Should tuch amendment or amendments receive |i majority of all the legal votes cast at 1'ich succeeding general election such mendment or amendments at once be come a part of the constitution of this »'ate Any amendment or amendments proposed by Initiative petition and fall |ni! of adoption as herein provided, •hall not be again considered until the Expiration of six years PROPOSED AMENDMENT TO THE STATE CONSTITUTION (CHAPTER 86 SESSION LAWS OF 1911) {Senate Bill No ««—C W Plain) PROVIDING FOR DIRECT LEGISLA TION a CONCURRENT RESOLUTION ^mending the Constitution of the Stats of North Dakota. Relating to the Leg islative Department and Providing for Direct Legislation: the Proposing of Coriptitutional amendments, and refer ence of law*. Be it Resolved by tha State of North Dakota th« House of Representatives Concurring That the following amendment to the constitution of the stale of North Dak ota be refered to the Legislative As sembly to he chosen it the next general election In said state, and, if approved py the last named legislative assembly, the same tie submitted to the qualified electors of the state for :i|»ruval or re jection. in accordance with tha provi sions of Section 202 of the Constitution of the State of North Dakota AMENiJMKNT TO TIII'J CONSTITU TION That Section 25 of Article 2 of the constitution of the state 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 {And amendments to the state constitu tion and to enact and approve or re jject the same at the polls, except as to [local or special laws, as enumerated in ,Section 70 of Article 2 of this consti tution, independently of the legislative [assembly: and also reserve the power, at .their own option, to approve or reject jand annul at the polls any act. Item, sec tion or part of any act or measure passed toy the legislative assembly except as to Haws relating to appropriation of money. Land except as to local or special laws, ias enumerated In Section 70 of Article 2 of this constitution. The first power (reserved by 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 tha constitution not less than •fifteen per cent of the legal voters in .'each county of at least one-half of the ipounties of the state. Any such peti tion shall contain the full text of the jProposed measure. Such petitions shall Ibe filed with the Secretary of State not Jess than four months prior to the elec lion at which they are to be voted on, -or not later than twenty days after 'he •opening session of the legislative as jsembly to which such petitions are to be presented The Secretary of State /*hall transmit the same to the house *f representatives of such legislative as jsemblv on the first day of the session .thereof, or not later than ten days aftel the same are filed. Measures or amend ments to the constitution so proposed shall take precedence over all other measures In the legislative assembly, ex cept appropriation bills, and shall he either enacted or rejected bv the legis lative assembly without amendment, at that session Any such measure or amendment, if enacted or agreed to by the legislative assembly, shall be sub ject to refereilum upon a petition as hereinafter provided, or it may be rc fered to the people by the legislative assembly for approval or rejection, or If no action is taken upon it by the leg islative assembly at that session, the .Secretary of State shall submit it to the people for approval or rejection at the pext general election The legislative assembly may propose a different meas ure or constitution amendment to ac complish the same purpose whereupon both measures, or both amendments, shall he submitted by the Secretary of State to the people for approval or rejection at the next ensuing general election If conflicting measures or a mendments are submitted to the people 'a' a general election and each receives 'a majority of the votes cast for and against the name 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 be approved by a majority of the members elected to feach house thereof, such amendment ,Shall become a part of the constitu tion of the state. If such amendment be rejected by thjb 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 cast 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 anv act. item, on part of any 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 until the referedum vote shall deter mine whether or not the law is tained or defeated, provided, that when it is necessary for immediate preserva-l tlon 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 and 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 going into instar.t operation on account of the necessity for the same, such law shall become operative upon approval by ths governor, and shall not be subject to a referedum The reference to the oeo ple of one or more items, sections or parts of any duly enacted act or emer gency law shall not delay the remain der of that #ct or law from becoming operative. All referendum petitions shall be filed with the secretary of state with in ninety days after the final adjourn ment of the session of the legislative as sembly, which passed the measure upon which the referedum Is demanded. Ths veto power of the Governor shall not ex tend to measures initiated by, or re ferred to. or approved by the people. All elections on measures referred to ths people shall be had at biennial regular general elections, unless provisions bs rnadt by law for a special election on such measures Any measure thus re ferred to ths 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 ths date of the official declaration of ths vote by tho stats board of convassers. 7?f. ®n*c',n« clause of all measures Initiated by the people shall be: "Bs It enacted by the psopls of North Dako ta. The basis for ths computation of ths number of signatures required for 22?y.. L° A ,V? refsrsndum petition •hall be the total vote oast for Govsr-: •or at ths last asasral slsctlon In ths counties where suZpetlUons are signed. osotlon shall not bo construed to ths isgislstlvs assembly of the risht to Introduce aay •tuurt. ^The Secretary of stato and all other gfflesrs shall be «uMed by the general Btws and this ast in filing and submit ting Inltlatlvs aad rsfsrondum petltlsM unttl legislation shall oe •specially e»» acted therefor. This amendment shall be self execul« mg, but laws may be enacted for too purpose of facilitating its operatioe. PROPOSED AMENDMENT TO THE STATE CONSTITUTION {CHAPTER 95 SESSION LA W8 OF l»U (House Bill No 23— A Nestos) UNIFORMITY OF TAXATION ANB CLASSIFICATION OF PROPERTY.. CONCURRENT RESOLUTION Amend ino the Constitution of the State of North Dakota. Relating to uniformity of Taxation and Permitting the clss •Iflcatlon of Property for the Purposo of Taxation and Relating further to the Assessment and Taxation of Cer tain Public Utility Companies. Be It Resolved bv the House of Repro» sentntives of the State of North DA» koia. the Senate Concurring: The following proposed amendments to sections I7r and 17!) as amended by Article of the Constitution of Nortn Dakota of article 11 of the Constitu tion of the .State of North Dakota, Is referred to the legislative assembly to be chosen at the next general election In Raid state, to be by ihe said last men tioned legislative assembly submitted to the qualified electors of the state for approved or rejection, in accordanco with the provisions of section 202 of the const inn Ion of the State of North Dakota AMENDMENT Seel ion 176. of thO Constitution of the Stale of North Da kota Is amended to r. nl as follows: Section 17fl Taxes shall be uniform upon the tame class of property In clurtine franchises within the territorial limits of the nuthoritv levying the tax, and shall he levied 'ind collected for public purposes only, but the property Of the United States, and of the State, County and Municipal Corporations, shall pe exempt from taxation: and the leg islative assembly sh :i by a general law »xernpt from taxation, property used eZ Wuslyely for school, religious, cemetery, charitable or other public purposes and personal oroperty to 'inv amount not exceeding in value two hundred dollars for each individual linble to taxation: provided that all laves and exemptions In force when this amendment is adopt ed shall remain in force, tn the samo Tnan.-ier and lo the same extent. ontU .otherwise provided bv statute AMKNDMENT.) Section 179 as amend ed by article 4 of the Constitution of ^orth Dakota of the Constitution of tho State of North Dakota is amended to rear) as follows- Section 179. All tax.'ible property ex cept as hereinafter in this section pro vided. shall he assessed tn the county, city, township. vilhise or district in which it is situated, in the manner pre scribe'! by law The oroperty Including franchises of all railroads operated in 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 In thio state and used directly or Indirectly in the carrying of person, property, or messages, shall be assessed by the stato Iboat'd of *quaiization in a manner pre scribed bv such state hoard or commis sion as mav be pro- iie] by law But ^should any railroad allow any portio® fyf its railway to be used for any pur po*» other than the operation of a rail road ^hereon, such portion of its rail may. while so used shall be assessed in ^he manner provided for the assessment »f other real property 1 Approved March 3. 1911 PROPOSED AMENDMENT TO THE STATE CONSTITUTION (CHAPTER 97 SEESSION LAWS OF 19111 Hous* Rill No 78—M O'Connor oe Grand Forks) PUBLIC INSTITUTIONS A CONCURRENT RESOLUTION ts amend Article IB, Section 21 of tho Constitution of the State of North Dakota. Pertalnlno to Public Institu tions. Be it Resolved by the House of Repre sentatives of tha State of North Da kota. the Senate Concurring: THAT the following proposed amend* ment to Article 19. Section 216 of tho constitution of the state of North Da 'kota. is agreed to and hereby referred to the Legislative Assembly to be chosen at the next general election in the Stato •of North Dakota, to be hy said last 'mentioned Legislative Assembly submit} (ted to the qualified electors of said i^tate for approval or rejection, in ao cordance with the provisions of Soctloa 202 of the Constitution of the State of North Dakota AMENDMENT.) Article 19. Section f2l8 of the Constitution of the State oi pNorth Dakota, is amended ao as to read •as follows: Section 216. The following named pub lic institutions are hereby permanently located as hereinafter provided, each hav« so much of the remaining grant Ot one hundred and seventy thousand acres of land made hv the United States for "other educational and charitable 1 1 I Institutions." as is allotted by law. vis^ First A soldier's home, when located* or such other charitable institution ai the legislative assembly may determine at Lisbon, in the county of Ransom, with a t'lani of fortv thousand acres of land. Second. The school Tor the blind of {North Dakota, at Bathgate, in tho jpounty of Pembina, with a grant of thirty thousand acres Third. An Industrial school and schooj for manual trainjng, or such other edu cational or charitable institution as tha legislative assembly may provide, at t.h? town of Ellendale, in the county Dickey, witb a grant of for»v thou'ss acres. Fourth. A school of forestry, or suchi other institution as the legislative as, sembly may determine, at the city of 'Bottineau, in the county of Bottineau Fifth. A scientific school, or such other educational or charitable institu, tlon as the legislative assembly may prescribe, at the r-ity of WahpetoiiJ county of Richland, with a grant of forty thousand acres Sixth A state normal school at the city of Minot. in the rountv of Ward: provided that no other institution of a character similar to anv one of those located by this article, shall be estab lished 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 Bill No 217—T Welo) CONSTRUCTION AND IMPROVEMENT OP PUBLIC HIGHWAYS. A CONCURRENT RESOLUTION At mending Section 185 of the Constl* tution of the State of North Dakots, Relating to State Aid in the Con struction end improvement of Punlla Highways. Be It Enacted by the Legislative As sembly of the State of North Dakota! That the following amendment to ttM Constitution of the State of North Da« kota be referred to the Legislative As sembly to be chosoa 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.! That Sectton 115 of Article 1J of tho Constitution of tho State of North Da kota is hereby amended to read as foi lows: Section 156. Neither the stato nor any county, city, township, town, school district or any other political subdivl *l°Jl "J*" loan or give its credit or make donations to or in aid of any 1 dividual, association or corporation, ax cept for necessary support of tho poor, nor subscribe to or become the%5mer of the capital stock of any association or corporation, nor shall the stats en Cogs 1b any work of tntemal Improve-