Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1900-10-27
Name of w. J. Anderson does Not Go
on the Official Ballot for Judge
ship. #@
Decision of the Supreme Court in the
First District Mandamus
Case. . "r.
Court also Decides the Mandamus Case
Brought up from Pierce
County

go on the official ballot in the First
district as the republican candidate for
the judgeship, under the decision Of
the supreme court in the mandamus
case brought to compel the secretary
of state to certify it for publication
The decision was handed down last
evening. In the Anderson case, An
derson was nominated by a portion of
the republican judicial convention
after another element had indorsed
Judge Fisk. His certificate of nomin-
alton was not filed until the 29th day
before election, the law requiring that
certificates of nomination must be filed
thirty days before election. When it
was filed, it was found that it was in
complete, not stating the office for
Which he was nominated. The secre-
tary OF state refused to certify it and
when it was returned corrected, the
limit had expired and he again refused
to certify the nomination. Attorney
j. H. Bosard of Grand Forks brought
an action in mandamus to compel the
secretary of state to certify the name.
The court holds against the plaintiff
Anderson, in the following syllabus:
Section 499, Revised Codes, requires
certificates of nomination to designate
the particular Office for which the per-
son named in the certificate was nom
mated, and certificate not complying
with that provision cannot properly
be filed by the secretary of state.
Section SOB requires certificates Of
nomination to be filed with the. secre-
tary of state not less than thirty days
before election. A certificate filed
twenty-nine days before election can
not be legally filed by the secretary.
The statute is mandatory.
''The fact that the thirtieth day be-
fore election fell on sunday will not
change this rule. Section 5127, Re-
vised Codes, relating to excluding hol-
idays has no application to a case of
this kind"
The court has also filed decision
in the Pierce county election case, the
State ex rel Hans Fosser VS.. A. J. La
vik, as county auditor. In this case
there was a split in the county conven-
tion and majority of the delegates
withdrew and nominated another
ticket, and brought the action to COM
pei the county auditor to certify it for
publication on the official ballot. The
court dismisses this mandamus pro-
ceeding and says in its syllabus:
Where county auditor refuses to
receive and file the certificates of NOM
inations for county officers made by a
political party entitled to a column
upon the official ballot, this refusal is
a matter publici juris. 1t involves the
right of the citizen to vote for the
nominees of the political party of his
faith. 1t involves the exercise of the
elecCive franchise and indirectly in
wolves the election of every candidate
in that column upon the official bal
lot. This court has jurisdiction to
issue an original writ of mandamus in
such a case.
Judicial tribunals cannot pass upon
the correctness of parliamentary rui-
ings or tactics adopted in a political
convention. Such questions are purely
political. Courts can determine in
this behalf only whether or not an as
sembly is political convention or
ganized as the law requires.
"A political convention IS the ex-
elusive judge of the credentials and
qualifications of persons claiming to be
delegated thereto, and a minority of
the delegates as thus determined 1y
the convention cannot, by Withdraw
ing from said convention and joining
themselves to the persons whose Gre
dentials have been rejected by the
convention, constitute legal party
convention"
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