Larkin v. Gronna

11 Citing cases

  1. Reprod. Freedom for All, Bevier v. Bd. of State Canvassers

    978 N.W.2d 854 (Mich. 2022)   Cited 2 times

    And whether the prescribed procedure is being followed is a matter for judicial determination when the organic law permits such inquiry while the legislation is in process.") (citations omitted); Larkin v Gronna , 69 N.D. 234, 242, 285 N.W. 59 (1939) ("[T]he people themselves must follow the constitutional method prescribed [for amending their constitution]. To do otherwise would be revolutionary ....

  2. Fargo v. Sathre

    76 N.D. 341 (N.D. 1949)   Cited 17 times
    In Fargo v. Sathre, 76 N.D. 342, 36 N.W.2d 39, this Court had occasion to consider the validity and effect of a statute adopted pursuant to initiative petition prohibiting cities from establishing and maintaining parking meters requiring the deposit therein of coins where automobiles were parked on the streets of a city and invalidating ordinances previously enacted providing for parking meters.

    When a petition for an initiated measure is filed with the Secretary of State, he must study the petition to see that it has a proper ballot title and then must submit it under the ballot title so prepared. Larkin v. Gronna, 69 N.D. 234, 285 N.W. 59. Powers given cities by the legislature can only be taken away by due process and proper procedure under constitutional provisions.

  3. Chaney v. Bryant

    532 S.W.2d 741 (Ark. 1976)   Cited 444 times
    Explaining that it is only "after a proposed constitutional amendment has been ratified by the people, every reasonable presumption, both of law and fact, will be indulged in favor of its validity"

    McAdams v. Henley, supra. Still, it is quite generally held that after a proposed constitutional amendment has been ratified by the people, every reasonable presumption, both of law and fact, will be indulged in favor of its validity. Southern Railway Co. v. Fowler, 497 S.W.2d 891 (Tenn., 1973); Board of Liquidation, etc. v. Whitney-Central Trust Savings Bank, 168 La. 560, 122 So. 850 (1929); Hammond v. Clark, 136 Ga. 313, 71 S.E. 479 (1911); People v. Sours, 31 Colo. 369, 74 P. 167 (1903); Keenan v. Price, 68 Idaho 423, 195 P.2d 662 (1948); State v. Cooney, 70 Mont. 355, 225 P. 1007 (1924); Larkin v. Gronna, 69 N.D. 234, 285 N.W. 59 (1939). See McKenzie v. City of DeWitt, 196 Ark. 1115, 121 S.W.2d 71.

  4. Olson v. Levi

    2015 N.D. 250 (N.D. 2015)   Cited 6 times
    Summarizing several cases on the topic

    “[T]his restriction is a limitation on legislation only.” Larkin v. Gronna, 69 N.D. 234, 240, 285 N.W. 59, 62 (1939). See also State ex rel. Cleveringa v. Klein, 63 N.D. 514, 526, 249 N.W. 118, 124 (1933) (provision imposes “constitutional limitations on the power of the Legislature”).

  5. Watland v. Lingle

    104 Haw. 128 (Haw. 2004)   Cited 12 times
    Holding that the publication and disclosure language mandated by the Hawaii Constitution is clear and unambiguous and, therefore, it must be construed as written

    A corollary to the foregoing principle is the oft-stated proposition that "[t]he people are presumed to know what they want, to have understood the proposition submitted to them in all of its implications, and by their approval vote to have determined that [the] amendment is for the public good and expresses the free opinion of a sovereign people." Larkin v. Gronna, 69 N.D. 234, 285 N.W. 59, 63 (1939). Kahalekai v. Doi, 60 Haw. 324, 331, 590 P.2d 543, 549 (1979).

  6. Byrd v. Board of Educ. of Mercer County

    467 S.E.2d 142 (W. Va. 1995)   Cited 6 times

    " 164 W. Va. at 88, 261 S.E.2d at 69; see also Charleston Transit Co. v. Condry, 140 W. Va. 651, 659, 86 S.E.2d 391, 396 (1955) (discussing constitutional amendment approval and noting "The people make them [constitutions][,] the people adopt them, the people must be supposed to read them, with the help of common-sense. . . ." (quoting 1 Story on the Constitution, 5th ed., Sec. 451)); Larkin v. Gronna, 69 N.D. 234, 285 N.W. 59, 63 (1939) ("The people are presumed to know what they want, to have understood the proposition submitted to them in all of its implications, and by their approval vote to have determined that this amendment is for the public good and expresses the free opinion of a sovereign people."). The final case considered by the circuit court was Bane v. Board of Education, 178 W. Va. 749, 364 S.E.2d 540 (1987), a case which involved the issue of whether a local board of education had discretion to allocate special levy funds approved for salary supplements.

  7. Kahalekai v. Doi

    60 Haw. 324 (Haw. 1979)   Cited 22 times
    Requiring a ballot to be in "such form and language as not to deceive or mislead the public"

    A corollary to the foregoing principle is the oft-stated proposition that "[t]he people are presumed to know what they want, to have understood the proposition submitted to them in all of its implications, and by their approval vote to have determined that [the] amendment is for the public good and expresses the free opinion of a sovereign people." Larkin v. Gronna, 69 N.D. 234, 285 N.W. 59, 63 (1939). III.

  8. Penrod v. Crowley

    82 Idaho 511 (Idaho 1960)   Cited 14 times
    Declaring that expressio unius does not apply when interpreting provisions of the state constitution

    The expressed will of the people is not thus lightly to be disregarded and defeated on purely technical grounds. 11 Am.Jur., Constitutional Law, § 32; 16 C.J.S. Contitutional Law § 9, P. 60; Swanson v. State, 132 Neb. 82, 271 N.W. 264, 267; Larkin v. Gronna, 69 N.D. 234, 285 N.W. 59, 63; Keenan v. Price, 68 Idaho 423, 434, 195 P.2d 662; Lewis v. Woodall, 72 Idaho 16, 236 P.2d 91; Boise City v. Better Homes, 72 Idaho 441, 448, 243 P.2d 303; Keyes v. Class "B" School Dist. No. 421, 74 Idaho 314, 320, 261 P.2d 811; People ex rel. Elder v. Sours, 31 Colo. 369, 74 P. 167. Judgment affirmed.

  9. Keenan v. Price

    68 Idaho 423 (Idaho 1948)   Cited 75 times
    Accepting jurisdiction because of the "importance of the question presented" and the "urgent necessity for immediate determination"

    "The people are presumed to know what they want, to have understood the proposition submitted to them in all of its implications, and by their approval vote to have determined that this amendment is for the public good and expresses the free opinion of a sovereign people." Larkin v. Gronna, 69 N.D. 234, 285 N.W. 59, at page 63. Courts should, after an amendment has been adopted, be slow to declare the same unconstitutional on technical grounds, unless the substantial requirements of the constitution have been violated in the submission.

  10. Dawson v. Tobin

    74 N.D. 713 (N.D. 1946)   Cited 17 times
    In Dawson v. Tobin, 74 N.D. 713, 24 N.W.2d 737 (1946), the court pointed out that new amendments supersede the old amendments when they are in conflict.

    Section 64 of the state constitution governs legislation and prevents the amendment or revision of an existing statute by incorporating or referring to some other measure by reference to the title only. Larkin v. Gronna, 69 N.D. 234, 285 N.W. 59; State ex rel. Strutz v. Baker, 71 N.D. 153, 299 N.W. 574. CHRISTIANSON, Ch. J.