Page:North Dakota Reports (vol. 48).pdf/353

 “An act to compel city councils to publish proceedings of all meetings in official paper to be designated by them.

“Be it enacted by the Legislative Assembly of the State of North Dakota:

“Section 1. Publication of Proceedings.—Hereafter it shall be the duty of city councils to cause to be published in an official paper, designated by them, a complete record of all proceedings of said councils.

“Sec. 2. Repeal.—All acts or parts of acts, in so far as they conflict with the provisions of this act are hereby repealed.”

This act was passed in the Legislature by the following vote: In the Senate, ayes 45, nays 0, in the House of Representatives, ayes 67, nays 22; absent and not voting, 24. Sixty-seven is less than two-thirds of the membership elected to the House of Representatives. Article 26 of the Amendments of the State Constitution provides that no measure enacted or approved by a vote of the electors shall be repealed or amended by the Legislature except upon a yea and nay vote upon roll call of two-thirds of all the members elected to each house. Conceding—though it is not decided—that chap. 35 of the Session Laws of 1921 would, if properly enacted, authorize the publication of special assessment notices in the official newspaper designated by a city commission, we have to determine whether or not it can be given that effect as against the requirements contained in § 5 of chap. 187 as amended by the initiated measure.

We are clearly of the opinion that the initiated law requires the publication in the elected official newspaper of special assessment notices in cities in which such official newspapers are located; and there being no amendment or repeal of this law, enacted by the Legislature by the requisite two-thirds vote, it remains in full force and effect.

While counsel have argued the question of the constitutionality of chap. 35 of the Laws of 1921, and also whether it be partially or wholly unconstitutional, we find it unnecessary to consider these matters.

The judgment appealed from is affirmed.

, C. J., and, , and , JJ., concur.