The Bismarck Tribune Newspaper, March 14, 1932, Page 6

ae THE BISMARCK TRIBUNE, MONDAY, MARCH 14, 1932 smarck Defeats Max, 24 to 18, to Annex District Championship | dawns tanner [PHANTOMS MEET ARNEGARD TONIGHT FOR REGIONAL TITLE TO TAKE ON MANDAN Eddie Agre Scores Seven Times | From Floor as Local | Team Triumphs POSTAVIT IS OUTSTANDING, Saint Mary's Win Third Place in| Tournament By Defeat- ing Mercer | Bismarck walked off with first, honors in the finals of the sixth dis- trict high school basketball tourney | to defeat Max, 24 to 18, at Washburn Saturday night. | By annexing the district title the| Demons earned a chance to meet} Mandan for the regional crown and the right to enter the state tourna- | ment here March 23 and 24. i Entering the tournament as out-| standing favorites, the locals took the High School Basketball Tournaments (By The Associated Press) North Dakota basketball fans today focused attention on eight regional tournaments to be iw pi ions will engage in elimination con- tests to determine eight contenders to compete at Bismarck March 23 and 24 for the state title. The district champions, fifteen of whom were chosen in tournaments Saturday, are paired as follows in the regional meets: Wahpeton vs Fargo. Valley City vs Jamestown. Mandan vs Bismarck. Dickinson Model vs Hettinger or Reeder. Grand Forks vs Grafton. Walsh County Aggies vs Devils Lake. hard pressed to annex the championships, successful. w Cando vs Minot. Kenmare ys Williston. Although some of the favorites were district most of them were Hettinger and Reeder Sat- irda ed in two sub-district title from Max after defeating Cole- | tournament cide which will repre: harbor in the first round and trim- ming Mercer in the semi-finals. All-Tourney Team Picked by Coaches Bismarck and Max captured all but two berths on all-district teams picked by coaches from among players competing in the sixth district high school basket- ball tournament at Washburn. Bismarck placed five men, Max three, St. Mary's of Bismarck one, and Mercer one. Eddie Agre was named captain. The selections follow: First Team Second Team Agre, Bismk. f Orluck, Max Finnegan, Bismk. f Dohn, Bismk. St’house, Max c Becker, St. Mary Green, Bismk. g Manney, Bismk. Postavit, Max g Kline, Mercer The Demons controlled the ball during the greater part of the game | with the Max team which boasted a height advantage of several inches. Leading all through the contest, | the Bismarckers never were threat- | ened except in the third quarter when Max crept up to within four points of knotting the score. \ It was Eddie Agre who carried the, heavy artillery for the Demons, find-} ing the hoop seven times from the; floor to pace the field in scoring hon- | ors, Max presented an excellent de-! fensive front but their attack was not powerful enough to make any great impression on the Demon protective armour. Cutscored from the floor, 11 baskets to four, the losers showed accuracy | from the charity line to score on 10/ out of 12 tri Bismarck, on the oth- er hand, was successful in only two free throws. Olgierson and Lee to replace Finne- gan and <Agre. Postavit at guard was : the out- di istrict in regional play. Wahpeton was forced to overcome 9 to 8 half-time lead to defeat | Hankinson 27 to 15 in the final game |of the first district at Wahpeton Sat- lurday night. Gets Title By Default Uncontested in its district, Fargo, \the defending state champion, acquir- led the district title by default in the \second district at Fargo. Valley City and Enderlin alternate- {ly took the lead in the final game of |the third district tourney at Valley |City with the Hi-Liners in the lead, to 21, as the game ended. Valley | City came from behind twice during jthe contest to take the lead. They held a 10 to 9 lead at the quarter, w vere even up at half time, trailed 18} to 16 and 20 to 18 in the final period al fourth di: ind then won. Jamestown's Blue Jays took the rict tournament at James- town by defeating New Rockford 38 to 18 in the fing Mandan conquered Hazelton bya 41 standing player for Max, scoring twice from the floor in addition to picking up four points on free throws. Finnegan and Agre were the aces of the Demon attack. Agre, f Dohn, f Finnegan, c |Manney, g |Green, g . | Olgierson, ¢ Lee, g .. |Holstrom, f Both teams kept their lineups in-j|Orluck, f . tact until the last 15 seconds of play | Steinhouse, when Coach George Hayes sent in | Postavit, g . jSchoemwold, & St. Mary's of Bismarck ran rough jShod over Mercer, 25 to 5, for third j place in district standings. was played prior to the Max engagement. The game Bismarck- The summery Bismarck (24) a} loonmrwwd Totals Max (18) foie ti seemedelescebesaa lonwwocdt FG <7 1 3 0 - 0 0 0 ~H FG 0 1 a 2 0 4 Totals. 5 orites Survive Play in 15) conducted this veek-end when sixteen district cham- (By The Associated Press) Clearwater—If Arthur Jones, young North Carolinian, can keep up the good work he may simplify the prob- lem facing Manager Max Carey of the Brooklyn Dodgers. Jones, a pitcher, turned in an impressive per- formance in Sunday’s game with the Cincinnati Reds. | Los Angeles—Two beatings by the New York Giants over the week-end promised to be reason for drastic shakeups in the Chi- cago Cub lineup. Rogers Horns- by already is looking about for more batting punch. The batter- ing Burleigh Grimes received Sunday also was a big disap- pointment, especially following the Giants’ treatment of Charlie Root and Pat Malone Saturday. San Antonio—Bobby Poser, who joined the Chicago White Sox from \the University of Wisconsin, as a |pitcher, probably will seek a place as an outfielder. Sunday the regu- lars defeated the Goofs, 5 to 2, in seven innings, and were scheduled to try to do it again Monday. St. Petersburg — Pitching strength is what the New York Yankees need and perhaps it will be forthcoming from Walter Brown and Johnny Murphy. These two rookies held the Bos- ton Braves hitless over the last [Attention Focused on Regional Tilts FOR REGIONAL TITLE *~ five innings of an exhibition game. San Francisco—Witlow Wyatt, who was driven back to the minors tem- porarily last season by a sore arm, is a strong bidder for the No. 1 pitch- ing job with the Detroit Tigers this year. He held the Pacific Coast League Seals to one hit in five in- nings Sunday morning and the Tigers won, 4 to 1. ‘West Palm Beach—Jimmy Mc- Laughlin and Lin Storti are en- gaged in a spirited baseball duel at the St. Louis Browns’ camp here as the training season ad- vances. With each fighting his best for the position of short- stop, it appears a tossup between. them so far. Tampa—Efforts of the Cincinnati Reds to shunt holdouts, Stripp and Cuccinello to the Brooklyn Dodgers apparently have faded to nothing- ness. Hopes for a-fair infield crew jumped, however, with the arrival in camp of Joe Morrissey, shortstop from the American Association, and his acceptance of a salary 40 per cent above that he received in the minors last year. Biloxi—Tuesday now is set as the opening day of the Washing- ton Nations’ exhibition season, since most wunseasonable cold prevented Sunday's setto . with the Baltimore Orioles. to 11 score in the finals of the fifth district tournament at Mandan. Play in the sixth district tourney at Washburn found Bismarck hard Pressed to nose out Max, 24 to 18, in the finals. Max's rangy team caused the Demons considerable worry, but was unable to regain the lead after relinquishing it early in the game. Dickinson Model will represent the eighth district in regional play by vir- tue of its 26 to 15 victory over Sentinel Butte in the finals of the eliminations at Dickinson. Sentinel Butte nosed out a strong team in the semi-finals by defeating Beach 20 to 19. Grand Forks beat Hatton 29 to 15 {in the ninth district finals at May- ville. Grafton Is Impressive Grafton turned in an impressive victory in beating Hamilton 35 to 9 in the tenth district finals at Grafton. The Walsh County Aggies conquer- ed Michigan 34 to 12 in the finals of the eleventh district at Osnabrock. Devils Lake scored a 35 to 11 vic- tory over Starkweather in the finals of the district 12 tourney at Devils |Lake, while Cando caged numerous jbasketbets in the thirteenth district meet at Cando to down Rugby, 44 to 18. ment there. The Midgets beat Har- vey in the finals 43 to 18. ‘Williston handed Grenora a 26 to 17 defeat in the fifteenth district finals at Williston. At Kenmare the sixteenth district championship was won by Kenmare. The Kenmare Quint nosed out Sher- wood 18 to 16 in the finals. Dempsey Is Suffering From Attack of ‘Flu’ Toledo, O., March 14—(7)—In the same city where he won the world’s heavyweight championship, Dempsey was suffering Monday from influenza. Leonard Sacks, the former cham- pion’s manager, said he believed Jack would be able to keep an ex- hibition fight engagement at Clarks- burg, Va., Wednesday night. Dempsey’s barnstorming bout at Youngstown was cancelled. Mayor Addison Q. Thacher, former fight promoter, said Dempsey went into Saturday’s fights against a doc- tor’s orders because “some of the folks who saw him knock out Willard might want to see him again.” Minot proved pre-tournament dope to be correct by winning the four- | jteenth district title in the tourna- Tribune Want Ads Bring Results INDEPENDENTS WILL DECIDE SUPREMACY ON BISMARCK FLOOR City League Aggregations to Go Into Action in Prelimin- inary Tilt INVADERS ARE UNDEFEATED Heidt, Geston, Schwartz, Eddie Spriggs, and Thornberg Slated to Start The regional title will be at stake when the Bismarck Phantoms take on the Arnegard Independents on the courts of the World War Memo- rial building tonight. The winner will advance to the state independent meet to be held at Minot Thursday, Friday and Satur- day. Undefeated in games played this season, the McKenzie county ag- gregation is expected to be the tough- est opponent the Ghostmen have been called upon to meet this season. They have been cleaning up with regularity all during the year and little difficulty. The Phantoms have been drilling intensively for the contest and have perfected an attack that has been clicking effectively. While no starting lineup had been announced at noon Monday, Man- ager Neil Churchill indicated that the first string would go into action at the whistle. Eddie Spriggs and Thornberg were expected to get the forwords’ berths with Schwartz at center, and Heidt and Geston at, guards. Arnegard boasts a well-balanced team made up of former high school and college stars. Regarded as one of the strongest independent teams in the state, the invaders are expect- ed to make a determined bid to set aside the Phantoms for the right to compete in the state tournament. Negotiations are under way for a return match with the House. of David team which defeated the locals here early in the season, Churchill said Monday. The game is slated to be played on the eve of the state high school tournament here March Jack) 22. In preliminary games, Ft. Lincoln will take on the Klein Cleaners while se O. U. W. will go into action against 0. A. All games will be played on the large floor with the first contest slated to get under way at 7 p. m. The Phantom-Arnegard game will start at 9 p. m. TROUBLE LOOMS New York, March 14.—(#)—The na- tional indoor tennis championships moved into the third round of singles play Monday but trouble still swept through district matches with | ®¥ BULLS TREE BULLS Indianapolis, Ind. — Patrolmen Bennett and Johnson answered highway call to aid a truck driver round up four bulls that had broken loose after the truck had overturned. The bulls chased the two officers all over the lot and finally up a tele- Phone pole. .Motor Patrolman Fred Titus finally arrived to rescue his brother officers, Buy or Sell Through ~ The Tribune Want Ads CERTIFICATE OF CONSTITUTION- AL AMENDMENTS I, A.C, Isaminge:, Auditor of Bur- by Certify that the within and fol- lowing is a true and correct list of Constitutional Amendments which have been Certified to me by the Secretary of State to be voted on Tuesday March 15th, 1932. Dated at Bismarck, N. D., Feb, 15th, 193: A. C. ISAMINGER, County Auditor, CONSTITUTIONAL AMENDMENT! oval from Bi Submitted by, initiative petition: ‘To amend Section 215 of Article 19 of the Constitution by omitting the words ‘Bismarck’ and ‘Burleigh’ and inserting in leu thereof the words ‘Jamestown’ and ‘Stutaman’ respec- tively so as to read as follows: A Measure for the amendment and re-enactment of Section 215 of Ar- ticle 19 of the Constitution of ‘the State of North Dakota, locating and establishing the Seat of Government of this State at the City of Jamestown in the County of Stutsman, and locat- ing other State Institutions therein named at the places therein referred to, as here-to-fore designated by the original Section, and providing for the apportionment of certain land grant: to institutions therein named, a: heretofore apportioned by the original Sections of the Constitution as it is now written. 1 1T WNACTED BY THE PROPLE, OF THE STATE OF NORTH DA- KOT. Sec. 215. ‘The following Public In- stitutions of the State are perman- ently located at the places hereinaf- ter named, each to have the lands specifically granted to it by the Unit- ed States in the Act of Congress ap- proved February 22, 188%, to be dis: posed of and used in such manner as the Legislative Assembly may pre- scribe subject to the limitations pro- vided in the Article én School and Public lands contained in this Con- stitution, FIRST: The Seat of Government at the City of Jamestown in the County of Stutamat BC The State University and the School of Mines at the city of Grand Forks, in the County of Grand Forks. THIRD: The Agricultural College at the City of Fargo, in the County of ass, FOURTH: A State Normal School at the City of Valley City, in the County of Barnes, and the legislative assembly, in apportioning the grant of eighty thousand acres of land for Normal Schools made in the Act of Congress referred to shall grant to the said Normal School at Valley City, as aforementioned, fifty thou- sand (50,000) acres, and said lands are hereby appropriated to said institu- tion for that purpose. FIFTH: The School for the deaf and dumb of North Dakota at the City of Devils Lake, in the County of Ramsey. SIXTH: A State Training School at-| the City of Mandan, in the County of Morton, SEVENTH: A State Normal School at the City of Mayville, in the County of Trail, and the legislative assembly in apportioning the grant of lands made by Congress in the Act aforesaid for State Normal Schools shall assign thirty thousand (30,000) acres to the institution hereby ‘located at May- Propriated for said purpose. ‘i EIGHTH: A State Hospital for the insane at the City of Jamestowa, in the County of Stutsman. And ‘the leigh County, North Dakota, do here-" ville, and said lands are hereby ap- | ter. 8 lw) ‘Twenty-five thousand coferendum. sree may, by referendum petition, suspend the operation of any measure enacted by the legislature, except an emergency measure. ut the filing of a referendum petition against one or more items, sections or parts of any measure shall not prevent the remainder from oing in- to effect. Such petition shall be filed with the Secretary of State not later than’ ninety days after the adjourn- ment of the session of the legislature at which such measure 1s enacted. No f lative or referendum tition Il be circulated or filed during a regular or special session of the leg- lature. ay care Each measure initiate ry 1 bd ferred to the electors, shall be sub- mitted by its ballot title, which shall be placed upon the ballot by the Secretary of State and shall be voted upon at any state-wide election desig- nated in the petition, or at any spe~ clal election called by the governor. The result of the vote upon any mea~ sure shall be canvassed and declared by the board of canvassers. Any measure, except an emergency measure submitted to the electors of the state shall become a law when approved by a majority of the votes cast thereon. And such law shall go into effect on the thirtieth day after the election, unless otherwise speci- fied in the measure. . If a referendum petition is filed against an emergency measure, such upon by the electors, And if then rejected by a majority of the votes cast thereon, it shall be thereby repealed. Any such measure shall be submitted to the electors at a spe- cial election if so ordered by the Governor or if the referendum peti- tion filed against it shall be signed by thirty-five thousand electors at large. Such special election shall he called by the Governor and shall be held not less than one hundred nor more than one hundred thirty days after the adjournment of tho session of the legislature. The Secretary of State shall pass upon each petition, and if he finds jit insuffictent he ‘shall notify the “committeo for the petitioners” and allow twenty days for correction or amendment, All decisions of the Secretary of State in regard to any such petition shall be subject to review by the Su- premo Court, But if the sufficiency of such petition is being reviewed at the time the ballot is prepared, the Secretary of State shall place the measure on the ballot and no subse- quent decision shall invalidate such measure if it is at such election ap- proved by a majority of the votes cast thereon. If proceedings are brought against any petition upon any “ground, the burden of proof shall be upon the party attacking it. No law shall be enacted limiting the number of copies of a_petition which may be circulated. Such co- ples shall become a part of the original petition when filed or at- tached thereto. Nor shall any law be enacted prohibiting any person from giving or recelving compensation for circulating the petition, nor in an; manner interfering with the freedom in securing signatures to petitions. Each petition shall Have printed thereon a ballot title which shall fairly represent the subject matter of the measure, and the names of at least five electors who shall consti- tute the “committee for the peti- tioners” and who shall represent and act for the petitioners, ‘The enacting clause of all me: initiated by the electors, shall b it enacted by the people of the State of North Dakota” in submitting mea- sures to the electors, the Secretary of State and all other officials shall be Guided by the election laws until ad- ditional legislation shali be provid- ed. If conflicting measures initiated by or referred to the electors shall be approved by a majority of the votes cast thereon, the one receiving the highest number of affirmative votes shall become the law. The word “measure” as used here- in shall include any law or amend- ment thereto, resolution, legislative proposal or enactment of any charac- res, “Be er, The veto power of the Governor shall not extend to the measures ini- tiated by or referred to the electors. No measure enacted or approved by legislative assembly shall appropriate twenty thousand acres of the grant of lands made by the Act of Con- appeared to be another round or two away for the three invading French stars and the 10 seeded American players. CERTIFICATE OF NOMINEES In accordance with the provisions of Section 921 of the Compiled Laws of 1913, their postoffice addresses have filed petitions for nomination or election to the offi Presidential Primary Election Name of Office President of the United States to be held March 15, 1932. gress aforesaid for other educational and charitable institutions to the benefit and for the endowment of said institution and there shall be located at or near the City of Grat- ton, in the County of Walsh, and in- stitution for the feeble minded, on the grounds purchased by the Secre- tary of the Interior for a penitentiary building. Future Am mts to the Conatitu- jon 7 Submitted by the legislature: To amend Section 202 of Article. 15 of the Constitution by omitting the word ‘twenty’ and inserting in leu notice is hereby given that the following persons, together with ‘ice under which they have been designated, to be voted on at the Name of Candidate REPUBLICAN P. O. Address DEMOCRATIC Name of Candidate P. 0. Address JACOB SECHLER COXEY, Sr. JOSEPH IRWIN.FRANCE " Massillon, Ohio Port Deposit, Md. WM. H. MURRAY FRANKLIN D. ROOSEVELT Oklahoma City, Okla. Albany, New York National Committeeman National Committeewoman_ Presidential Electors Delegates to National Convention tates ONE_ | WILLIAM STERN SELMA STENERSE: | SID BERGENTHAL E. H. BRANT ANNE A. CARY IDA M. FISHER VINE D. LORD NELS MAGNUSON GILBERT MOSKAU __|_P. D. NORTON F. J. GRAHAM H. C. SCHUMACHER | MINNIE D. CRAIG NONE "| Ellendale Fargo Fargo J. NELSON KELLY CHARLES D. PERRY H. H. PERRY sy Grand Forks Crosby Ellendale “| Esmond N Minot NELLIE DOUGHERTY Minot Oakes Linton Mandan Fargo Cando Souris Grand Forks Minot PIERCE BLEWETT P. H. COSTELLO W. D. LYNCH W. H. PORTER | A. M. BERGSETH JAMES P. CURRAN JENNIE A. DALE J. E. DAVIS J. M. GIBBONS A. I. HUNTER H. P. JACOBSON THEO. KALDOR E. G. LARSON L. H. McCOY EMMA C. NAGLE R. A. NESTOS OSCAR J. OLSON - GIRDELL PATTERSON A. J. RULON BURLEIGH F. SPALDING MIRIAM TAYLOR ARTHUR F. THOMPSON EDWIN TRAYNOR LILLIAN M. WARTNER THOMAS DEVANEY MARK I. FORKNER Fargo Watford City Bismarck Bismarck Langdon Langdon Finley Grand Forks Mott Hillsboro Valley City Mott Jamestown Minot Wahpeton Carpio Jamestown Fargo LaMoure Minot Starkweather Harvey | Jamestown Cooperstown LaMoure Calvin CHAS. BALDWIN L. T. BERDAHL 8. S. CLIFFORD GERTRUDE DWIRE JONATHAN C. EATON EMIL EMANUEL, Sr. J. E. GARVEY WM. E. GLOTZBACH DAVID KELLY P. W. LANIER R. H. LEAVITT C.J. LEE LEO. J. McDONALD P. H. MILLER R. B. MURPHY GEO. T. MURRAY D. J. O'CONNELL A. C. PAGENKOPF J. J, SIMONSON JOHN J. SPRAFKA SARA M. WOOD Williston Rugby Bismarck Minot Fargo Berthold Cavalier Anamoose Grand Forks Jamestown Carson Valley City Mandan Washburn Bismarck Berthold Towner Dickinson Turtle Lake Minto I, A. C. Isaminger, County Auditor of Burleigh County, North Dakota, have filed petitions for nomination as candidates for the office under which t! Primary Election and that their names will appear upon the official President Election to be held in all the Precincts of Burleigh County, do hereby certify that the persons whose names appear on this hey have been designated in tial Primary Election Ballot on Tuesday, March 15, 1982, At said election the polls will be opened at 9 o'clock A. M. and closed at 7 o'clock P, M: on said day. - Dated at Bismarck this 6th day of March, 1932. 4 (SEAL) certificate conformity with law governing Presidential to be voted on at the Presidential Primary A. C. ISAMINGER, County Auditor for Burleigh County, N. Dak. thereof the word ‘forty’ so as to read as follows: A concurrent Resolution providin for the amendment of Section 202 o Article 15 of the Constitution of the State of North Dakota, relating to future amendments. BE IT ENACTED BY THE PEOPLE OF THE STATE OF NORTH DA- KOTA, That Section 202 of Article 15 of the Constitution of the State of North Dakota is hereby amended and re- enacted to read as follows: 202 Any amendment or amend- ments to the Constitution of the State may be proposed in either house of the legislature, and if the same shall be agreed to upon roll call by a ma- jority of the members elected to each house it shall be submitted to the electors and if a majority of the votes cast thereon are affirmative, amendment shall be a part of this Constitution. Amendments to the Constitution of thé State may also be proposed by Initiative petition of the electors; such petition shall be signed by fort thousand of the electors at large anc shall be filed with the Secretary pot State at least one hundred twent: days prior to the election at whic! they are to be voted upon, and any amendment or amendments so pro- posed shall be submitted to the elec- tors and shall become a part of the Constitution, if a majority of the yotes cast thereon are affirmative. All provisions of the Constitution re- lating to the submission and adop- tion of measures by initiative petition and on referendum petition, shall ap- ply to the submission and adoption of amendments to the Constitution of the State. Legislative Power, Fel ferendum Submitted by the legislature: To amend’ Section 26 of Article 2 of the Constitution by omitting the words ‘ten’ and ‘seven’ and insertin; in lieu thereof the words ‘thirty’ an: five’ respectively; addit or {he legisintures and) omitting ‘ te the electors si the State as follow: of State shall cause mailed to elect pamphlet, argam measure therein, wu} ne thelr namey 10 dollars per page.”), so as to read as Bete People of the Dakota legislative power of this vested in a legislature jouse of Sec, 25. Th state shall be consisting of a senate and a tatives, The rve the power, first, to pro- act or reject cond, to ap- such | t Initiative and |i people, how- | t @ vote of the electors shall be re- pealed or amended by the legislature, except upon a yea and nay yote upon roll call of two thirds of all the mem- bers elected to each house. This section shall be self-executing and all of its provisions shall be tion 3 AMENDME! seetion 1B of Chapter 166, thi tate o! Year 1925, 1s hereby amended and we tj enacted to read as follows: Section 6. That said license tax in respect to motor vehicle fuel sold or used in any calendar month, shall be pald at the time the statement pro- ¥ided for in Section 2 hereof 1s ren- dered, to the State Auditor, who shall receipt to the dealer therefore, and shall forthwith pay over all the money thus received to the State ‘Treasurer, except such money as shall have been expended by satd State Auditor for the purpose of making refunds as herein provided, The State Treasurer shall promptly credit to the State Highway Commis- sion five-eighths of said license tax. The money so credited, being five- eighths of said license tax, Is hereby appropriated to be used by such com- mission for the construction, recon= struction, maintenance or repairs of highways or roads under the juris- diction of said commission, ‘Three- eighths of sald license tax so received by the State Treasurer, shall be de~ posited by him to a “County Highway Aid Fund.” During the months of January, April, July and October of each year, the State Treasurer, upon the Warrant of the State Auditor, shall apportion and, disburse all of the moneys of such “County Highway Aid Fund” not previously. disbursed, including interest received thereon, to the various counties of the state in the same proportion and ratio as the motor vehicle registration fund col- lected in each county shall bear to the total motor vehicle registration fund collected in all the counties of the state during the entire preceding endar year as shown by the certi- ficate of the registrar of motor vehicles. Such moneys so received by the respective counties shall be set aside in a separate fund, under the jurisdiction and control of the board of county commissioners and appro- priated and employed solely by such counties in the construction; ‘recon- struction, maintenance and repair of county highways, bridges and. cul- verts thereon leading up to and con- necting with federal aid and state aid highways: provided however, that the County Commissioners are here- by authorized to and may by proper resolutions set aside not to exceed 23-1/3 per cent of the Countie: hare for, the construction, reconstruction, maintenance and repairs of highways, uulverts in the Federal Aid State Ald Highways of sald County. On making the payments to the State Auditor as provided in this section, the dealer shall first deduct (from)' the amount of tax due, one and one-half per centum thereof to cover the cost of collecting said tax and transmitting the same to the State Auditor, provided, that in order to reimburse the state on account of the expenses of carrying the provi- sions of this act into effect, the State treated as mandatory. Laws may be enacted to facilitate its operation, but no law shall be enacted to hamper, restrict or impair the exercise of the rights herein reserved to the people, REFERRED MEASUR! GASOLINE TAX Referendum of Senate Bill No. 100, Seusion Laws 1931 aos by Governor, March 11, Submitted by referendum petition: An Act to amend and re-enact Sec- tions 2, 3 and 5 of Chapter 166, Ses- sion Laws of North Dakota for the year 1929, and providing for a tax of four cents per gallon upon motor vehicle fuels, and further providing for the distribution of the revenues derived from said tax. BE IT ENA ‘HE _LEGIS- LATIVE 1. Section 2 of Chapter 166, 8 of North Dakota for th is hereby amended and read as follows: Section 2. ‘That each and every dealer in motor vehicle fuel, as de- fined in this Act, who is now en- aged, or who may hereafter engage in his own name, or in the name of others, or in the name of his repre- sentative or agents, in this state, in the sale or use of motor vehicle fuel as herein defined, shall, not later than the 15th day of each calendar month render to the State Auditor, on forms prescribed, prepared, and furnished by the State Auditor, a sworn statement of the number’ of gallons of motor vehicle fuel sold or used by him or them during the pre- ceding calendar month, which state- ment shall be sworn to by one of the principal officers in case of domestic corporation; or by the resident gen- eral agent, or agents, or attorney-in- fact, or by a chief accountant or of- ficer in case of a foreign corpora- tion; by the managing agent or own- er in case of a firm, association or in- dividual; and shall contain a state- ment of the quantities of motor vehicle fuel sold or used within the State of North Dakota from hi year 1929, enacted to dealer to customers in the original package, whether in tank cars, bar- rels or other packages and in the same form and condition in which the same was imported, sald statement shall show the amount of motor ve- hicle fuel so sold and the names and addresses of the persons, firm or corporation to whom the ‘same was sold, Said dealer shall pay a license tax of four cents per gallon on all motor vehicle fuel used and sold by him, other than such fuel sold by him or them, in the original packages as above specified, and shall have the option of paying said tax of four cents per gallon on all motor vehicle fuel sold by him or them, in the state, in the original packages in which the Ae ‘was imported as above speci- ed. Whenever any sale is made by a ere-|dealer of motor vehicle fue: in the original packages in which the same was imported as above specified, such dealer shall deliver to the purchaser thereof an invoice of ‘such motor vehicle fuel, stating the name and address of the purchaser, the quantity and kind of fuel sold, and whether or not said dealer assumes and agrees to pay the license tax on sald {nel above specified, and such dealer shall ransmit to the State Auditor at the same tim shall render the state- ment above specified, duplicate co- pies of all such invoices issued and delivered by him during the period ore, y before the election at which voted upon. second power reserved is the covered by such statement. Section 2. AMENDM! jection 3 of Chapt f the State of North Dal year 1929, is hereby amend enacted to read as follow: Section 3. very dealer paying tax or re lable for it thereof, shall be entitled ind collect the sum of four cents per lon, on such motor fuel sold. by him, price thereof, & part of the selling | 1 Auditor is hereby authorized and di- rected to credit to the general fund of the state, on the first day of July of each year, the sum of twenty-five thousand dollars out of the moneys collected as a license tax under the 'Y | Provisions of this act. INITIATED MEASURE ABSENT VOTERS BALLOT Submitted by initiative petition: An Act to amend Chapter 136 of the 1931 Session Laws of tho State of North Dakota. BIT TED BY THE PEOPLE ae STATE OF NORTH DA- That Chapter 136 of the Session Laws of the State of North Dakota for 1931 be amended and re-enacted to read as follows: Section One, ABSENT VOTERS. WHO MAY VOTE, Any qualified elector of this State having complied with the laws in regard to registration, who expects to be absent from the county in which he is an elector on the day-of hold- ing any General or Primary Election, or who by reason of physical dis- ability is unable to attend at the poll- ing place in his precinct to vote at any such election, may vote an ab- sent voters ballot ‘in the ner pre= scribed in Article 16 of Chapter 11, of the Political Code of the Compiled Laws of North Dakota, of 1913, Section Two: Amendment: Section 993 of the Compiled Laws of the State of North Dakota for 1913, is hereby amended and re-enacted to read as follows: : APPLICATION FOR | BALLOTS, MADE WHEN. At any time within thirty days next preceding such elec- tion, any voter expecting to be ab- sent on the day of election from the county in which his voting precinct situated, or who by reason of phy- Sical disability, is unable to attend at the polling place in his precinct to vote at such election, may procure from the County Auditor of such county an official absent voter's ballot to be voted at such election. Section Three: Amendment: Section 996 of Compiled Laws of 1913 of North Dakota, is hereby amended and re-enacted to read as follows: PROCUREMENT OF BALLOT: Such absent voter's ballot may be procured by an absent voter by a per- sonal application and such application ney be made either verbally or in writing but such application shall be made only to the County Auditor per- sonally or to the Chief Deputy Audi- tor and no other employee in said of- fice of said County Auditor shall have charge of or in any manner whatsoever deal with such absent voters ballot. Section Four: Such absent voters ballot shall not be voted by the person securing the Same in the courthouse or on the premises surrounding the courthouse, ut must be voted more than one hundred yards away from the prem- ises, and the affidavit on said absent yoters ballot shall be as follows: STATE OF NORTH DAKOTA) ) county or——_____}™ 1, 2 ao solemnly swear that I am a resident ‘of the Township of ——————___+ or the Village of—————____, or of the———____* Precinct of the—————___- Ward in the City of———_____, residing” at —————__* in said City, County of- y and State of North Dakota, and en- titled to vote in such precinct at the next election; that I expect to bo un- able to attend the polls of my pre- cinct on the day of holding such elec- tion and that I will have no oppor- tunity to vote in person on that day, and I further certify that said bal- lot was voted at a place more than one hundred yards from the court- house where said ballot was secured. Subscribed and sworn to before me thi Foret’, Sau act H———; an ereby certify that the affiant exhibited the enclosed ballots to be unmarked, that he or she then, in my presence and in the presence’ of no other person, and in such manner that I could not seo his or her vote, marked such ballot, and enclosed and sealed the same in this envelope, That the affiant was not solicited’ or advise for or against any candidate or men- ure, And I further certity that sald was voted at a place more than one hundred yards from the onuethouse where said ballot was se- —_—_—_— - ee Section Five: Penalty for Violation: Any County Auditor who shall give or mail an absent voters ballot. to anyone but to the person expecting to be absent on election day, person ally, or who shall in any’ manner whatsoever violate the law relatin to absent voters ballota who ‘shall connive with or assist any other per fon in violating said law. shall -be deemed guilty of the commission of @ felony. Upon conviction, the said Count: Auditor or the Chief Deputy Auditom or both shall be confined in the stat Penitentiary for not less ‘than Year and not to exceed five years, in addition thereto shall be timed th sum of five thousand dollars an@ lose his citizenship and forfeit any right to hold any political office 12 the State of North Dakota, ¥ Section Six: REPEAL: « Section 995 of the Compiled Laws of North Dakota of 1913 is hereby ¢x+ Pressly repealed together with ‘al Acts and parts of Acts in conflict herewith. ; in case any wecti aragraph, ’ clauso of this initiated inet enet. be declared by the courts to bi ative the remai Revertholesn be im full force and ‘ect. 3-16-23-3-1-8, ro Ny