About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline



17 Gavel 1 (1972)

handle is hein.barjournals/gavel0003 and id is 1 raw text is: THE
GAVEL
MM7=L

THE PRESIDENT'S LETTER
Recent developments at the Constitutional Convention here in
Bismarck must be brought to your attention. The controversy
involving the so-called Right To Work law, and whether it
should or should not be included in the tonstitution, has become
quite bitter; and in boiling over, raises some problems.
A proposal has been introduced carrying an absolute majority
of the convention delegates. This proposal, in summary, provides
that no one should be prohibited from practicing any trade or
profession by reason of membership or non-membership in any labor
union or professional association. Fears have been expressed that
this language strikes down our integrated Bar Apsociation.
Summarizing our current legal structure, the North Dakota State
Bar Board in the State agency which issues the licenses. The
Bar Board collects a license fee, the amount of which is fixed
by the State Bar Association, within a maximum and minimum
structure established by the Legislature. The State Bar Board
retains a portion of the license fee, and the balance is turned
over to the State Bar Association as dues.
On our recent plebiscite, a 3 to 1 majority of those responding
indicated that they favored retention of the current Right to
Work Law, in the new Constitution in the same form as it
appeared in the old   The proposed'new language, through the
inclusion of professional associationputs us in the impossible
position of favoring a right to work law where it applies to
labor unions, but not favoring it where it applies to our Bar
Association.- As of this time, no final action has been taken.
The judicial article as proposed by the committee is very well
done. It contains many ccmpromise@ between proposals made by
Hugh McCutcheon and Herman Weiss and the present language. If
adopted, the net result would be to increase the powers of the
Supreme Court in administration and of the legislature in making
future reforms and modifications. Perhaps the most striking

Vol. 17
No. 1
January 1972