The Washburn leader. [volume] (Washburn, McLean County, N.D.) 1890-1986, 1894-10-27
OFFICIAL PAPER OF MCLEAN co.

OFFICIAL PAPER OF MCLEAN co.
stat S Of = S1 ,,th,d 6,.tosa, In n's!Ei I. C",% ,It;.,
Of William H; Standish as Attorney Generals
said state and John G.. Dwyer y citizen Of thu
18TH legislative district IN said state and part,
beneIlcially Interested. PLAINTIFF
g. y. Dahl, Secretary Of said state Of Norf
Dakota. Defendant. and John :. Murphy
IntervenOr. -
On the return Of the order to show cause made
on the nth. day Of October. 1894, and returnable
on the 10Th, day OF October. 1898, and after hear
ing John r. philhrick for the Plaintiff and G. +
Gregory for the Interven0r. no appearance on
the part Of the defendant. and 1t appearing to
the satisfaction Of the court that no s.lfncient
public printed or posted notice OF the Republican
nc.oher. 1891: At Minot In the 18th Legislative
District in said state. had been given. and no
sufficient cause to tire contrary being shown
and the hearing on said order having been CON
1t is ordered that tho said order to show cause
he, and the same hereby Ia. mads absolute, and
that tn: said defendant: his deputy or deputies.
the Auditors Of the counties Of Mclean. Ward
and Williams the name Of John &. Murphy as a
candid t., for for . asmbe Of the hoIss o, ReE1e :s;s
Wv W. NV W. sbb ss O"Ae
state until the further order Of this court.
Dated this 22nd day Of October, 1904, ut Bis
marck, n. ID.
W. II. W~I:cHEsTER.
Judge ofthe District Court.
The decision Of Judge Winchester. holding
that the three pretended certificates Of nomina-
ton, filed by J.S Murphy with the secretary Of
State. are fraudulent and illegal. on the grounds
that the said pretended conventions were not
,>,klns1nkn ~ a., ~. Ill a. Co,,rktno Tn thn Atef-
rict. and for the further reason that oil the Coun-
ties In the district were not given an oppor.
turity to participate in said pretended conven-
ton, Is fully sustained by the highest judicial
authority.
A like question WAS before the Supreme
Court Of the State Of Washington, In the case Of
tie State on the election Of Bloomfield. against
the secretarylof State. Bloomfield WAS . candi-
date for Judge Of the District COurt-there were
three Counties In the district. At the convention
at which Bloomfield. the %rrlator, was nominated
all the c0untiea did not participate. The Sup
rene Court say: that the facts clearly show that
there was No joint action or proper opportunity
for toint action on the part Of all the counties in
the district. and further state. that the electors
who are to participate in the election. are also to
participate IN the nomination. and II the result
Of the election ia to he determined by the joint
vote Of all the counties. then the nomination. 80
far as they Wurport to represent any particular
political organization must be by the members
Of yuch' political ..nrganizationsSfOrall said co'n-
ties jointly. 1t Is per fectly clear that the pri
mary meeting. or convention. must DO by or ON
bshulf of the entire body Of voters Of the respec-
tive PARTIES who are tn be allowed to vote at the
election Of the 0flrera trereln nominated. This
has no application to nomination by petition.
The foregoing opinion il based upon the
Australian Election Law Of the State Of WASH
inyton, which In NIL material respects, 10 similar
to the election Law of this state.
The pretended Conventions Of the Democratic.
Republican and POpulist parties. at which Muir
ply claims to have been nominated, were not
participated In bv the member Of said political
ORGANIZATIONS In the different counties through
out the District. but II any sucll Conventions
were held. tina notice thereof was purposely civ
en- for 40 brief n time as not to give the electors
Of the DISTRICT an opportunity to participate.
They were conceived "n fraud and brought
forth In iniqnity," by political tricksters to de-
Jr,ve the electors of the District Of the right to
have a voice In nominating q candidate for the
Legislature.
We ask the voters Of the District. this question.
lo you want for your Representative in the
! "gialature. a inan who has attempted to secure
his nomination, and therefore. his election by
fraud and stealth. as we have heretofore shown?
Murphy's fraudulent practices have reacted
rpon him: his pretended nominations having
been by the Court declared fraudulent and
illegal: his nams can not be printed upon the
oaicial ballot. and the Hon. Herman Hanson ID
Fla .,ulv oo,,rttlnt. u,l,n Inu a nomination md
the only candidate whose name will be printed
upon the Oficia ballot fOr1that ONCE.
The Secretary Of State has been criticised Ivy
Mr. Murphy and some Of his friends, for not de.
termlniny Which, set * nomination.: paPers h%sd
with him by the rival candidates from the 18th.
Legislative district. were legal and valid. h
Is to say; which Of these parties were nominated
by the political party claiming to have placed
them in nomination: lie has been also eriti-
eised for certifying to the nomination Of Her
lnnn Hanson. No other course was open to him
under the plain provisions Of the statute; he has
no judicial authority whatever; No power to
hear. try and determine any question back OF
the certificate Of nomination. II the certificate
Of nomination. filed with him. substantially cem-
plies with the statute, he must certify to the
nomination. He cannot inuireb whether .
Convention was, In fact held. and II 10, who par
ticipated therein.
This question was recently determined upon
{. like statute, by the Supreme Court Of Colorado.
in the case of the people, on he relation OF
Eaton. vs.. District Court Of Arapahoe county.
1t Is there held ut Is the duty Of the Secretary OF
State to- certify two sets denominations. made or
purported to be made by the same political
psrty where each is in apparent conformfy9 10
the sct." JheNecretary acted in this c~se With
his Authority before him; he weuid have certinsd
b. both nominations, had he not been restrained
from certifying to one set Of nominations, BY On
order Of the Court.
In the spr,ng of 1892, the aros vsnsr'''
ef Fort Bsrthold came down to the agency
demanding their fair shsrs in The sPpro'
pristions and condsming the agents ass'on
vhere 4 few favoritss 'stood in" With him
in til. unequal sstr,butioa. The gallant
Major" although having the employees IN
/. back room With loaded guns, pslsd % .
ghost at their approach, and but flor the
cool headed halfbresd, George Psa'e' Who
.tooa mn mantully in his defence. whom