Bismarck weekly tribune. [volume] (Bismarck, Dakota [N.D.]) 1884-1943, 1898-10-28
Assessor Second Dlst.1S. Il. Hood.
Assessor Third DiSt.-Ira FalKenstlne,

Assessor Second Dlst.1S. Il. Hood.
Assessor Third Dist...Ira Falkenstlne.
Coroner-F. R. Smythe.
Justice First Dist,-Harvey Allenswlrth.
Justice Second Dist.-Wm. Breen.
Justice Third Dist.-Wm; Scott.
Mr.. B~raithwaite afterwards and o the.
came day presented the following petitions:
To the County Auditor Of Burleigh
We, the undersigned residents and
voters in .Burleigh county, state of North
Dakota, do hereby respectfully nominate
August Olston as a candidate for the office
Of register Of deeds.of said Burleigh county
voters of said Burleigh county do hereby
represent and state that the occupation
of said August Olston is that of q farmer
i. D. s !. : p's'0'''se aNuiess : sllasA'''
Names. Postoff1ce Address.
Oscar johnson . VIM. Braithwaite
and followed by the names of Al others in
the same order. No postoflce address on
this petition.
Another petition. headed exactly as the
above is signed by II persons, three Of
them giving their postofflce address.
Another petition headed. as follows: For
register Of deeds, August Olson, is signed by
II persons. none giving their. postoflce
address. It will be seen that these three
Petitions exactly like the above for
Olston and Olson and signed by the same
persons and In the same way for VIM.
Wenn for sheriff with 6s names, for Thos.
Cunningham for treasurer with CT names,
for B. A. Schwab for auditor with IS names,
for r. r. Marsh for clerk of the court
with G5 names. for E. Falkenstine for county
judge with GO names, for Milton King for
superintendent of schools with 60 names.
for j. G.. Rapelje for states attorney with
9 names, for 8. K. Hood for assessor with
2 names attached.
Nominations by convention are made
under the provisions of section 4S9, article
s of the Revised Code 1896, and the certiH-
Gates of nominations by q convention are
The certificate Of nomination, which shall
b. in writing, shall contain the names of
each person nominated, his postottlce ad-
dress and the office for which he Is named,
words the party or principle which such
convention represents, and it shall be
signed and verified by the presiding officer
and secretary Of such convention who
office address. Evidently no effort what
ever was made to comply with the law.
This pretended certificate with no post
Office address, not dated, not signed and
sworn to by anybody, it seems to have no
father.
Nominations by paper are governed by
section sol, article 5. code 1895. and require
that IN order to be legal require to be
signed by at least 10 per cent Of the number
of votes cast for congressman at the last
general election, and shall give their post
/ lIlCc duQtCSS. I."- ~. ~. ."HH L
The vote for member of congress at the
last general election was 1,070, consequently
It would require 17 names on a petition.
The largest petition presented contains the
names Of 9 persons. thus being short IS
names on the largest petition and IS names
on the smallest one. 1t will be seen that
on the so-called certificate John Bout is
designated for register Of deeds and OH the
petition filed by the same party August
olston is designated. The following is tho
correspondence:
Bismarck. N. d.. Oct. 10. 1898.
Hon. Z: s. Allen. States Attorney, Bur.
Dear Sir: There has been filed In my
papers purportlng to be the nominations BY
paper Of August Olston for the office OF
register of deeds of Burleigh county.
copies Of which are hereto attached.
/ desire your opinion as states attorney
as to whether I am authorized under the
law to publish the name of said August
Olston as a nominated candidate for said
office under section sos of the code and
whether said papers authorize me as
county auditor to have printed on the
official ballot to be used at the election
Nov. 8, 1888, the am of said August Olstor
as a candidate for the office Of register Of
ID. The vote for congressman at the last
general election was 1,07O. Please make
answer at your earliest convenience.
w. s. MoORHoUsE.
County Auditor.
Bismarck, N. D., Oct. 10, SSS.
Hon. John i. Cowan, Attorney General
North Dakota.
Str: 1 am in receipt of the communlca-
ton hereto attached from the county
auditor of Burleigh county. Being myself
a candidate I prefer not to give my opinion
on the matter. l therefore respectfully re-
quest that you give me for transmission to
said county auditor, your official opinion
as to the auditors powers and duties In the
premises.
Respectfully,
(signed.) EDWD. S. ALLEN,
States Attorney.
Burleigh County, N. Oak
Bismarck, N. D., October q, 1885.
William 8. Moorehouse, ESQ.,.
County Auditor of Burleigh County,
Bismarck, No. Dakota.
Dear Sir: Your communication Of the 10TH
instant, enclosing a copy Of papers filed In
your office purporting to be the nomination
of August Olston for the office Of register
Of deeds. and asking my opinion whether
such papers are in form to entitle you to
publish the name of said Olston as a nom
mated candidate and print his name on the
official ballot as such candidate to be used
at the next general election, was referred
to Hon. % T. Cowan, attorney general
la copy of my letter to Mr.. Cowan being
hereunto attached.
I hand you herewith the communication
of the attorney general in reply to my re.
/ quest to hin.