Bismarck weekly tribune. [volume] (Bismarck, Dakota [N.D.]) 1884-1943, 1900-11-02
DOES NOT GO ON.
Name Of w. J. Anderson does Not Go
on the Official Ballot for Judge
ship.
Decision of the Supreme Court il, the
First District Mandamus
Case.
Court also Decides the Manda:nus Case
Brought up from Pierce
County

Inc name OF ". J. Anderson will not
go on the official ballot in the First
district as the republican candidate for.
the Judgeship, under the decision OF
the supreme court in tne mardamus
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
dcrson was nominated by a portion OF
the republican judicial convention
after anCther element had Endorsed
Judge Fisk. His certificate OF nom;n-
ation was not filed until the o1Hth day
before election, the law recurring thu;
certlflcates of nomination must be flied
thirty days before election. When It
was filed, it was found that it was In.
omplete, net stating the Office for
which he was nominated. The serTo-
AIRY or state refused to certify it and
when 1t was returned corrected. tho
limit had expired and he again refused
to certify the nomination. Attorney
}. II. Bosard of Grand Forks brought
an action in maEdamus to CONNIE, tha
secretary or state to certify the name.
The court holds against the plaintiff
Anderson, in the following syllabus:
section iJo, Revised Codes. requires
certificates of nomination to Ges:gnato
the particular office for which the per
son named in the certificate wa; nom
mated, and Il certificate not complying
with that provision cannot properly
De Tiled by the secretary OF state.
Section @ requires certificates III
nomination to be filed with the seyre-
ta"E or state not less than thirty DAYS
before election. \ certificate flied
tw~enty-nine days before election en-
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 nc application % a case of
this kind"
The court has also filed a 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
ton and a 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 it's syllabus:
Where a county auditor refuses to
receive and file the certificates of nom
1%nations 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
eleclive 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 rul-
ings or tactics adopted in a political
convention. Such questions are purely
political. Courts can determine in
this behalf only whether or not ali as
sembly is a political convention or
ganized as the law requires.
a political convention IS the en-
elusive judge of the credentials ana
qualifications of persons claiming to be
delegated thereto, and a minority OF
the delegates as thus determined by
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 a legal party
convention"