Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1902-10-29
STATE CONVENTION RULES
Interesting Opinion is That Handed
Down by the Supreme Court
in Benson County Case.
State Convention is Held to be the
Highest Authority in Matters
of Party Dispute.

The supreme court establishes an
important point in political contro-
versies between factions. of the same
party, in it's opinion in the case of the
state of North Dakota ex rel c. w.
Buttz vs.. A. A. Liudahl as county aud
itor of Benson county. This is the
much discussed Benson county case,
involving the regularity of two split
conventions in the republican party
and of the county nominees nomin-
ated by each of the factions of said
convention. The decision in the case
was rendered some time ago but the
opinion of the court on which the de-
cision was based was just filed Tues
day. The court decides, in effect, that
the state convention of each
party is the highest political authority
in that party an dthat, after a con-
est before that body between two fac
tons of a convention and a decision
as to which of the factions is the reg
ular organization, that decision will
stand and be deemed conclusive. The
Benson county contest arose out of a
split in the county convention. Charges
and counter charges of unfairness were
raised by each side. and in the curse
Of the convention, n faction with
drew altogether from the convention
and organized another convention,
nominating a full set of county officers
and delegates to the state convention.
This withdrawing convention was
known as the Voigt convention, from
it's chairman, and at the state conven-
ton, the republican state central COM
ton, the republican state conven-
ton seated its delegates to the state
convention. Following this a man.
damus was instituted in the supreme
court to compel the county auditor to
certify the names of the candidates Of
the other faction as nominees for
county offices. This action the SUI
preme court dismisses and the sylla-
bus OF its decision, which will be Of
great interest i'm political circles
through the state, is IS follows:
After a contest on the merits after
notice, and a full and fair hearing be-
fore the state central committee, a de-
cision of such committee that certain
delegates from a county convention be
seated in the convention and that the
opposing delegates be not seated, fol-
lowed by the adoption by the onven
ton of the decision and report of such
committee. the courts will not inter
fere with such action of the v
ton, but such action of the convention
will be deemed conclusive even as
against those persons nominated in a
rival county convention for county
officers. .N.
2. Persons afiliating with a po-
Gtical party thereby recognize party
organization and persons accepting
nominations from political conven-
lions, in case of nominations by rival
conventions, do SO at the peril of ac-
ton by the state convention declaring
the convention nominating them ir-
regular as a party organization.
3 The powers of state conventions
as the highest party organization are
so well known that courts will take
judicial recognition thereof.
4. A county convention of a polit-
ical party cannot be the regular party
organization for n purpose and irreg-
ular for another purpose within it's
scope to act upon.
5. The provisions of the Australian
ballot law of this state are held not to
give a nominee of a county convention
not recognized as regular by the state
convention on a ballot before it in
Volving that question, the right to! ap-
peal to the courts for relief. although
such county officer was not a party to
such contest before the state conven-
ton.
tSyllabus by the court.)
Original application for a writ of
mandamus.
Hon. o. Comstock, Alfred Dresser,
g. 7. Christianson and C. w. Buttz,
Morrill, & Engerud of counsel) for
plaintiff. w. H. Thomas, C. L. Lind
strom and Cochrane & Corliss, for de.
PENDANT.
In its opinion the court say regard.
ing the authority OF the state commit.
tee in the premises:
w do not deem it a question de.
pendent for its solution on the fac
whether party usage has been proven
as sustaining or authorizing the action
OF the state convention, but a question