Such initiated measure may not be repealed or amended "except upon a yea and nay vote upon roll call of two thirds of all the members elected to each house." See State ex rel. Truax v. Smart, 48 N.D. 326, 184 N.W. 623; Boutrous v. Thoresen, 54 N.D. 289, 209 N.W. 558. The history of the legislation dealing with this initiated measure shows that from time to time several amendments were made.
In the case at bar the evidence shows conclusively that the defendant used the only practical and serviceable method for cleaning dirt from the highway, and that having used this method, it cannot be convicted of negligence. Donahoe v. Webster Groves, 259 S.W. 505, l.c. 506; Buckley v. Washington County et al., 209 N.W. 558, l.c. 560; 9-10 Huddy on Automobile Law, Section 232, pages 368-369; Gerrie v. City of Port Huron, 226 Mich. 630, l.c. 634. (4) Alcorn v. C. A. Ry. Co., 108 Mo. 81, l.c. 90; Johnson v. St. L. and S.F.R. Co., 164 Mo. App. 600; Miniea v. St. Louis Cooperage Co., 175 Mo. App. 91; Ely v. Ry. Co., 77 Mo. 34, l.c. 37; Bailey v. Kansas City, 189 Mo. 503, l.c. 511. (5) Hospital records are not admissible in evidence unless properly identified and properly authenticated, and then such record, to make it admissible, must relate to the condition of a patient admitted or committed for medical treatment of disease. The statute does not apply to a record made on a patient suffering from personal injuries only (Section 9056, Revised Statutes Missouri 1929).