Bismarck weekly tribune. [volume] (Bismarck, Dakota [N.D.]) 1884-1943, 1898-10-28

L-aEEa 4EE
cent of the vote cast at that election for
member Of congress. and as REALTORS come
here MS the nominees of that party and
pie they are not entitled under the clear
place OF the official ballot. Again, the
assembled at Langdon on Sept: 30 were
ton of the independent party or as dele
democratic party, and they pos sessed no
inherent power to transmute themselves
into delegates to a convention of the
"Independent and Democrat party, and
in s doing The did not reflect their con-
stituency or possess the character Of
delegates. Further, when the two old
parties. under the call of their state
organization met in Fargo on July 9th,
and voluntarily abandoned their old
party names, abandoned their separate
organizations, and welded themselves
into a new party as the Independent
and Democrat party that thenceforth
the old parties ceased to exist
in this state as political entities or par
ties and they are without power to call
or hold delegate conventions. Lastly,
and on the answer, and conceding for
the argument that the f1regoing points
are not well taken, he contends that
there was n:ver an organization Of the
sindependent and democrat" party in
Cavalier county by the unien or fusion
of the old parties for the reason that but
a minority fragment of the independent
~convenjion united with the democrats.
Realtors contend that none of these
Questions are before us, that the duties
of the secretary of state in certifying
nominations to county auditors are
ministerial purely, and that if the certi-
~ticates filed with him are fair on their
face he is without authority to look be-
yond or outside OF. the certificates. In
this we think REALTORS are clearly right,
and n few observations touching the stat
utes and their construction will disclose
our reasons for thus holding. We re-
mark first that If the secretary be cloth
ed with judicial functions to pass upon
the legality Of all nominations, the certi-
ficates of which are filed with him, his
determinations would be final az certain
ly no provisions for appeal or review can
be found in the statute, and the decision
Of q special tribunal charged with the
duty of deciding a special matter are al
ways final unless the right of appeal be
expressly given.
Further, if the secretary be clothed
with judicial functions in this matter
then the political policy Of the state may
often turn upon his decision. The power
is great and its exercise byan, officer uni
versally recognized as political in char
acter would be dangerous, however able
and however honest the incumbent
might be. For these reasons we should
expect to find the power, if conferred at
all, conferred in no uncertain terms. And
yet confessedly there is no express judi
cial authority conferred upon the score
tary by the statute. At most it is an
implied authority, and if implied the
means and instrumentalities for its
proper exercise are entirtl ~ wanting. He
can conduct no formal judicial inquiry.
He cannot coerce the production Of per-
sons or papers. He cannot enforce testi-
mony under the sanction of an oath.
His most earnest effort would with equal
facility elucidate or suppress the truth.
Toimply authority under such condi-
tions the implication must be practically
impossible Of evasion. But 50 far is our
statute from giving such implied au-
Ithority, that in our view it expressly
withholds such authority. W. call at
tention to tho fact that the certificates
denominations must be filed with the
secretary OF statesand must contain the
name and post office address Of the per
son nominated and must name the. Office
for which he isnominated, and designate
the political party or principle repre-
sented by the nominating convention.
II contains no further information, and
all that is given is necessary to the
proper preparation Of the official ballot.
Section 504 declares that within q time
therein specified aathe secretary of state
shall certify to each county auditor
y = the name and post Office adj
dress of each person nominated for such
Office as specified in the certificate! Ct
nomination fled with him. This Ian
Eguage is clear; explicit and final SO far as
any authority upon the part OF the sec
Iretary isiconcerned. Prima facie it is
his duty to certifySto the proper audi
tors allthe nominations properly certi-
fed and filed with him..
But wei 10 not agree with counsel for
the REALTORS that no power, rests any
I where; to prevent the .%ccrtification to thy
county Observation-Disclosures notmade
inssomeSone 9 the ways pointed out be
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