Page:North Dakota Reports (vol. 48).pdf/350

 THE STATE OF NORTH DAKOTA, ex rel. C. F. Truax and C. D. Colcord, copartners under the firm name and style of Truax & Colcord, Respondents, v. W. M. SMART, as president of, and C. D. SHAFT, OTTO GROSS, D. W. BOWKER, and A. BRATSBERG, as members of the Board of City Commissioners of the City of Minot, North Dakota, and Karl Dickinson, City Auditor of said City of Minot and H. E. Montgomery, J. C. Blaisdell and G. S. Reishus, as members of the Special Assessment Board of said City, Appellants.

Statutes—initiated measure amended or repealed only by a two-thirds vote of all members elected to each house.

1. Article 26 of the Amendments to the state constitution requires a two-thirds vote of all the members elected to each house of the legislative assembly to effect an amendment or repeal of any initiated measure adopted by the electors.

Newspapers—city special assessment notices must be published in elected official newspapers in such cities.

2. § 5 of chap. 187 of the Laws of 1919, as amended by an initiated measure approved at the general election in 1920, requires the publication in the elected official newspaper of special assessment notices in cities in which such official newspapers are published.

Appeal from district court of Ward County, Lowe, J.

Affirmed.

John J. Coyle, for appellants.

McGee & Goss, for respondent.

, J. This is an appeal from a judgment awarding a peremptory writ of mandamus. The facts upon which the judgment is based are as follows:

The relators, Truax & Colcord, are the owners of a paper published in the city of Minot and known as the Ward County Independent. This paper was a candidate upon the election ballot of 1920 for official news-