The Bismarck Tribune Newspaper, May 12, 1919, Page 3

HALL I$ SORRY FRAZIER CANNOT GRASP PROBLEMS Secretary of State Again En- Aeavors (o: Familiarize Gov- ernor With Constitution ’ WHY GIVE ANY PUBLICITY Suggests Chief May Desire to Dispense With Informa- ~_ tion to Voters” Replying to Governor Frazier’s as- surance that the latter knew what ne was doing when he set the date for North Dakota’s referendum election for June 26, but 26-days after the time for th_ filing of referendum petitions glapses, while the constitution -and statutes would apear to require thir- ty-days warning, Secretary of State Hall today addressed the folowing let- tey. to the chief executive: “Your, letter dated May 10 in an. swer to my letter wit). reference to the duties of this department in giv- ing notice of elections was handed me thig morning by your stenographer. (THIS LETTER WAS PUBLISHED IN FULL JIN SUNDAY’S COURIER. NEWS.—ED.) You state that-you find no problem to solve in the . matter brought to your attention; that, of course, is unfortunate, and I am sor- ay. I assure you that there are sey- eral problems to be solved, if the elec- tion day is finally set for June 26. "#7 PINTS Sparkling with all the Flavor, A Taste and “SNAP” - of the. best beer brewed. Easily made at home, with Paragon Malt Hops Extract, the Scientific Non-alcoholic Extract recent- ly discovered. Order today. | $1.50 prepaid. AG. O. Potenson, Sales Agent 617 9th St. Bismarck. tlemen, 52 Weccall for Phone 274. = = = = = = eo = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = diameter. | SPIRO UA _———————— HOSKIN’S| E MLN NT “You state that ‘if there must be added to the ninety days within which a referendum petition may be filed a further period of thirty days for cer- titying and sending blanks to the county auditors, and a further period of from five to ten days for preparing the necessary blanks,;/the result is clearly. a nullification of the consti: tutional provision jthat the referendum election’ shall be held at any time within-10 to 130 days after the, ad- journment of the legislature’ * “I advise you that there is no pro- vision in the election laws giving a period of tice to ten days for prepar- ing the blanks and certiffcates. A short period between the last day for filing and the flay for sending out cer- tificates is, of course, highly desir- able, as under present provisions it is.impossible for the secretary of state to follow the letter of the law on all occasions, ‘ ‘Cites 30-Day Ruling. “In the special congressnonal elec- tion in tre First district, Mr. Aaker’s petition was mailed at Fargo on Sun- day, June 10, and not received in this office until after the 30-day limit had expired. Because the/secretary of state was unable to perform tue phys- ically impossible does not make the law a dead letter, as, some of your apologists would have-us believe. “In this connection, I call your at- tention to paragraph four of the .syl- labus, state ex\ rel Burtness vs. Hall, 163 N. Wi 1055, reading as follows: ‘Sec. 974, Compiled Laws of 1943 which directs the secretary of state to certify nominations to county audi- tors not less than 30 days before an election, construed and held applica- ble to special elections.’ The Constitutional Amendment. “You say, ‘I assume the constitu- ional amendment means what it says.’ Which provision? * ‘ “One \proviso reads: ‘Such special election shall be ‘called by the gov- ernor and shall be held not less than 100 no more than 130 days after the} adjournment of the session of the legislature.’ “The other reads: dn submitting measurgs to the electors, the secretary of state and al otherl | Officials shall be guided by the elec- tion laws until additional legislation shall be provided.’ “I know of no reason why the date of the election could not be fixed so as to conflict- with neither provision, not even your ardent desire to in- validate the initiative petitions, for if |the election wer called ‘for June 30 it, would still barr the iniated measures. | “You say: ‘When the constitu- tional duty of fixing the date of the election has been performed by the | governor, yous I assume, will attend |to the neces8ary details of the elec- tion machinery in such manner as will most readily enable the people to pass upon the issues involved.’ Duties Clearly Prescribed. “1 would advise you that the duties of the secretary of state and all other officials, in regard \td elections, are prescribed by statute; and that if the eléction is held at, such time as will tallow the machinery provided by the |legislature to be employed, ‘the :peo- | lg will have an opportunity to pass j-uyon the issues, i “You also "suggest that I advise“the public that arguments concérning re- ferred measures be submitted with- out delay. You, ofcourse, know that no referendum, petitions, have been filed in this office; that as soon’ as Good Clothes, Like Any Other Virtue, '-’ Should Not Be Hid Like a Light Un- der a Bushel! \ They are\made to be WORN and seen of MEN—and women, too!~ Men are never so CLOTHES- CONSCIOUS “as when on par- ade with their feminine friends. Some fellows are not built ex- actly plumb. Little arts known to our CUTTER—like the out- curves and inshogfs of the great American game—cover nature’s defects and impart.a ship-shape | appegrance. You know! . Business Clothes $25 and up., We turn out, ONLY THE BEST! Costs a bit MORE, but it’s WORTH it! ‘ Dry cleaning and pressing, hand or machine work for ladies, and gen- Expert repair work. Guarantee all work. and deliver. Opp. Postoffice. = = We Have a Block of | = = = = | ile Nice North Dakota Grown Ein. z Three times transplanted; 8 to 12 = -feet high; 21-2 to 3 inches in = = = = $2.50 to $3.50 Each = = — = = = such petitions have been filed and checked, you will ibe ‘officially ‘ad- vised\of the’ fact. t Could Move it Up. “I am aware that Sec. 25 of the constitution requires the secretary of state to cause to be pxinted- and mailed. to each elector a publicity pamphlet containing complete text of all measures to be subniitted to the people, withf arguments fe and against, but. if you can call an elec: tion for June 26, you,can call it for June 10, and to attempt to print and mail 130,000 pamphlets in ten days would be absurd. Z “I call your attention to this for the reason that in the Courier-News of May 9 you are quoted ‘as saying, ‘t would be impossible for al or even a large per cent of the voters in the short time that remains to become so familian_ with the complete text of both ‘referred ‘and jniated Dilla. that they can cast an intelligent ballot.’ In your letter of May 10 you say: ‘In yiew of the publicity already given to these laws, I see no advantage to be gained by postponing the elgction ten days on that account.’ A sthe vot- ers are becoming familiar” with the laws with such rapidity, I thought that you probably would, on more mature deliberation; decide that the publica uon of the pamphlet would be a waste of money. “ “Respectfully. submitted, “THOMAS HALL, “Secretary of tSate.” Governor Frazier's answer to Sec- retary of State Hall’s original letter apeared in the Courier-News on Sun- day as follows: REPLIES TO HALL, > ing to Secretary Hall, Gover- Mrazier wrote: % nd no problem to solve in the you have~prought to my atten- Permit me to point out that if tion. there must be added to the 90 days Within ‘which a referendum _ petition may’ bé filed) a further Speriod of 80 days for certifying and sending blanks to the county auditors‘and a still fur- ther perio@ of from 5 to 10 days_for preparing the,necessary blanks, the re- ut is cleariNy a nullification Of the constitutional provision that the refer- endum election shall be held at any time within 100:to 130 days after the adjournment of the legislature. uch a conclusion is a niere absurd- ity and presents no problem, for solu- it I assume that the constitutional amendment means what it says, and I know that the constitution_is the fun- damental and controling law. If called upon by referendum petitions to exer- cise duties imposed bythe constitution, I'shall be restrained by no construc: tion of statutes hostile to plain consti- tutional provisions, “When? the constitutional duty, of fixing the date of the Senn \ has ’ been performed by me, Fou, } ume, will attend to the nec- details of the election inery) in such} manner as most readily enable the peo- will ple to pass upon the issues in- volved, and in so doing you will fully perform your duty in the premises. “As to publication of the referred laws, that is yow fully covered by section 25 of the constitution as amended. It is for you to determine your duty under .that section. But since you invite suggestion, I beg to argunents confirming the referred measures, should he submitted without dela In_- view of~ the publicity. al- ready given to the state laws, I see no advantage to be gained by postponing the election 10 days on that account.” W..H. Stutsman, counsel for the In- dependent Voters’ association, was in= interviewed as to what position he be- lieved the association would take in the matter and in’speaking as counsel “GOTT MIT UNS” _ NOW. WITH: US is the Hun coat-of-arms and ‘Gott mit Uns” (Gol with us) in tion on the prow of one of the Ger- man U-boats just brought to thisycoun- try and anchored at Brooklyn navy yard.’ a a eee | CITY NEWS | 4 ‘ From Mandan Robert Mackin of Mandan, editor in Bismarck on Saturday. Visited Sister Mrs: “Rostoe Bgrhen of McKenzie, was a visitor in thé city Saturday and Sunday as a guest of her sister, Miss Beatrice Wade. Medina Banker Here Charles IE. Schrawder, ,cashier of the Security State bank of Medina, is here today getting pointers on the Bank of North Dakota. Bismarck Caller ¥ F. H. Pauck of Golden Valley,, was among the out-of-town visitors in: Bis- marek Wie Fe and today, and 'reg- istered at the Yan Horn. = / Back From Ranch ~ Misses Ethel Fleming and Leota Hendershott returned Sunday from a 8 suggest that you advise the public thatweek at the former’s home .on-, the T. J. Fleming ranch, near Bowman, james Returned From Fargo, i P. O. Snider, salestian for the Mis- souri Valley Motor Co., returned to the eity, Saturday from Fargo, whith- er she went on a short business ‘trip., it Meeting Postponed - Women’s club, Catholic Order of Ferresters, have postponed their meet- for the association, gave the following statement: : % ‘The statement of the governor that the initiated petitions were circulate! {in bad faith and to confuse the refer- endum issues is an absolute falsehood. The Independent. Voters’ association recognizes the fact that the people of the ‘state demand terminal elevators and flowr mills, and is not opposed to them, but IS opposed te issuing five million dollars bonds to start hem with, and: initiate’a bill to make the bond isste two milion dollars instead of five millions. It also honestly. to.improve op some of the meas is not opposed to and the initiated pe- titions were prepared in good faith so that the people could take their choice between the laws suggestedsby the In- dependent Voters’ . association and those passed by the Townley legisla- ture. / ‘ “The inittttive and referendum pro- visions of the constitution, recently in- serted by the Nonpartisan Ieague, pro- vide that each initiative “shall be vot- ed Tipon at any state-wide election DESIGNATED IN THE PETITION,” or at a special election called. by the governor, and the petition shall be filed with ‘the secretary of state not less than NINETY days before ’the election at which it is to be votedsupon, ,but the governor cannot, be compelled to call a special election for this pur- . The referendum provision pro- idey that when 30,000 voters file a pe- tition within ninety days after the ad- jourmment of the legislature, the gov- ernor MUST CALL A /SPECIAL and thirty days after »the- adjourn- ment of the legislature. “The Independent Voters’ asgocia- tion sought to submit to. the ‘people of the state at one special el BOTH the initiated petitions a have July 8 s as the day of OV ‘ORTY THOUSAND HAVE SIGNED. ALL” ELEVEN THESE PETITIONS. In order_that fhe petitions for, the initiated meas- ures night ‘DESIGNATE’ the state- wide election, referred to in the con- stitution, they attempted to suggest a date, OVER NINETY DAYS AWAY. when, the referendum election might bi called at which the initiated measures could algo be submitted, and hence: all the queStions both initiation and ref- erendum ask to have July 8 designated as the day for the election. “Under the constitution, the govern: ment has the right to ignore the! re- quest of the petitioners fixing the dily, even if every voter in fhe state join in it, and ean arbitrarily set_any day be- tween the one hundredth and the one hundred and thirtieth day after the adjournment of the legislature, and if he wishes ‘to fly in the faces of the petitions of 40,000 voters, and jix a day which will automatically prevént the initiatve measures from being likewise submitted (by reason\ of not permitting ninety days to elapse ufter the filing of the initiative petitions), and is willing to ¢o before the people of the state on this issue—it will he allsright-with the Independent Voters’ association.” ELECTION no less than one hundred | - Vers /APOR' ing until Tuesday, May 20, at the K, €. hail at 8 o’clock. We request all mem- bers to be present, . Making Auto Trip Mr. and‘Mrs. J. Woods of Staples, Minn., were arrivals in the city yes- terday by auto, and stopped over here while on their way to points west, continuing their trip today. Mr. and Mrs.’ Woods were guests at the Van Horn, Buys Willys-Knight ~R. D. Hoskins, former clerk of the supreme court, and probably one of ‘\the most enthusiastic motor fans in Bismarck, has just jpurchased his fourth car—a Willys-Khight seven- passenger touring model. This is also the: fourth Willys-Overland car Mr. Hosking) has owned. He bought: his first car and first Overland in 1912. Returns Erom Overseas Fred ’G, Schnecker was an arrival in the city Friday on Not 3 from New York, at which point he arrived from overseas on April 20. After leaving there he went to Camp Dodge, where he was mustered out of the service. He was in France for about a year and a half. Mr. Schnecker is looking and feeling fine, and-this morning he resumed his position at the Jim Jam Jems office. On his way home from the east he stopped over /in St. Paul for a day’s visit with the William Topel family, formerly residents Bismarck. SORE THROAT or Tonsilitis, gargle fend with’ warm salt water, then apply— 13 “YOUR, BODYGUARD" - 50#.. 607.7 \ 1, BURKE ck, N. D. Tribune Block Phone 752. —_—_——$—$—$—$_——— Bismarck Clearing, House Association C. B. LITTLE, President E. V. LAHR, Vice Pres. B. C. MARKS, Secy.-Megr. MEMBERS of the Farmers’ Press, was a visitor|, This may be, true in some- sgctions ‘pensive the greater area covered of of [a HERE'S HIS FIRST—A BEAUTIFUL BUNGALOW 2 A ice to its readers who 7 are joining the “BUILD NOW” campaign, the Daily Tribune has obtained frong Aymar Embu the most famous small-hou itect in America, a ser’ illustrations and architec ings at*prices that can be by everyone, The first dra esented. ¥ ‘tain to ¢ one that as your “Home, you would lik Sweet Home.” * * By AYMAR EMBURY IL) Proably no type of domestic archi- tecture appeals much to the people of ee United States as the bungalow, which hus come to us from the old Spanish or Mexican one-story houses. The reasons for this popularity may {* be attributed to the belief that a bung- alaw is cheaper to build than a house of the two-story type. of the country, but where land’ is ex- sets any saving made in the building itself. The wide popularity of the bunga- low has caused many to be built which tten away. from the splendid precedent set by the originals. Many have come to believe that’ the preva- lent Cal nia type is the only one i the one-story © problem. ion shows a, bungalow in plan but whose ex- terior is designed in the same spirit as the best amodern work, Red brick and grey stucco with the green of the blinds gives a greater range of color than is usually found: As the roof of a bungalow has such a pronfnent place in the composition it should be carefully designed and stained. Very dark green or brown are | cr colors which may be used with safety. | it Regaréing the plan of a bungalow |! it may be said that the living rooms long -halls) to ‘the b hould I Wises 00 i0 avoided, Livine: PLOOM. = is The’ bedrooms ayd bath are placed on ‘The plan of this house is rather cley-| a short hall in a wing a little remgved, ly devised in view of the fact, that | from the living portion of the house. may be placed on a fifty-foot front The design of this house shows that le the arer which it occupies | a° bungalow, need not necessarily be Hy square. , | hideous, but can be made as attractive ii itly Jarge|as. any. other type by a little careful d thought. % Lb PLAN For two years all build It’s perfectly obvious t transact business. remedy it, we'll lose prosperity that should WEC First National Bank City National Bank Capital Security Bank First Guaranty Bank DLT TOL Leesa ke HERE’S a tremendous lot of building that must be done in. this city and we’ve got to get at it. We need homes, and apartment buildings, and schools, to say nothing of business buildings, and unless we get them soon our city is going to suffer. _ creased, rents have jumped. People are paying premium prices to find any kind of a place to live in. j We Need to Get Business Going conditions can’t be permitted to last very long if this city is to be a desirable place to, live and If we don’t us—and that reacts on every man and woman that lives here. \N FURNISH ANYTHING IN THE LINE OF BUILDING f ; MATERIALS YOU MAY REQUIRE. . \ A. Finch Lumber Co. perry nrnaeating HD EEL IED OF BUILD NOW. TO acter ing has been stopped. Population has in- At the same time, we need to keep business going. The end of the war has brought us an in; dustrial situation that. we, must. face in common. Building is the. quickest possible way to stimu-. late business and.tide over this crucial period, And we can build as cheaply now as.we will be‘able to for years to come. hat such a lot of come to Bismarck