Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1904-11-25

Supreme Court, In Ward County Case,
Established Precedent for Settle
ment Of fractional Disputes In Po-
litical Parties.
The opinion of the supreme court In
the Ward county case, involving the
regularity of the two republican con-
ventions held up there, has just been
handed down. This is an opinion, as
settling for all time the final authority
of the state convention. of a political
party in deciding disputes between
factions of the party. The case was
decided before the election, but the
opinion has just been written, and it
deals with the undeniable right Of the
party authorities to settle their own
disputes. Neither will the court inter-
fere with these decisions, where they
have been heard and decided on the
merits by the state central committee,
and the action Of that committee is
ratified by the convention. The sylla-
bus of the decision is a follows:
1. Where the state central commit
tee of political party has heard and
determined a contest, after notice and
upon the merits, between contesting
delegates to the state convention, as
to the regularity of the county conven-
| lions by which they were elected, and
| it's action has been affirmed by the
convention, such determination is con-
elusive upon the courts even as be-
tween rival nominees of such conven-
tons for county offices, following and
| affirming State VS.. Liudahl, II N. D.
800.
| 2. The relator was nominated by
one of two rival republican conven-
lions for the Office of county treasurer
of Ward county Both conventions
elected delegates to the state conven-
ton. The question Of regularity was
presented by the delegates to the
state central committee upon the
merits for decision and was deter
mined in favor of the REALTORS conven-
ton, which action was affirmed by the
state convention and subsequently by
a second state convention. Held, that
it was the legal duty of the county
auditor to print the names of the re-
lator and his co-nominees upon the
official ballot as the nominees Of the
republican party, and writ of man
damus will be issued to compel him to
do so.
Application by the state, on the re-
lation of James G. Mitchell, for writ
of mandamus to Louis A. Larson,
county auditor of Ward county,. North
Dakota. Writ granted.
John E. Greene, for plaintiff.
James Johnson, A. M. Christianson
and E. L. Sutton, for defendant.
Judge Young says in his opinion:
This case presents the same questions
which we're considered in decision
by this court in State, ex rel, vs.
Liudahl II N. D. 800, in which the
opinion was filed October rs, 1902, and
is controlled in every respect by the
decision in that case. In that case
as in this, two sets Of nominees fol
county offices of rival county conven
lions sought to have their names
printed upon the official ballot in the
republican column. It was shown tina
both conventions had elected delegate.
to the state conventions; that the state
central committee had heard thu
merits Of the contest and decided it
and that it's action had been approved
by the convention. 1t was held, afte
careful consideration and a full review
of the authorities, that under" sucl
circumstances the decision of the high
| est party tribunal of the state mus
be taken as conclusive upon tn
courts on the question Of regularity
In that case it was said: "The high
est body or convention dictates as t.
| policy and procedure of the lowe
| organization and decides difference
| existing therein, and thus is part.
organization effected and maintained
By affiliating with party, an electo
recognizes party organization, and
| nominee accepting nomination con
tested by a nominee of rival conven
:: ton does so with knowledge that tn
regularity Of his nomination is sub
ject to decision by the highest authorl
ty Of his party, when properly brough
before it to determine the regularit.
Of the convention at which he wa
nominated. In re Redman, (Sup), q
N. Y. Supp. 1884. Disputes of thi'
kind, involving the regularity OF riva
conventions and involving the furthe
question as to which set of county OF
ficers nominated by these rival con
4 ventions are entitled to recognition
& are political questions and should bt
settled by political bodies; and, Il
& the absence OF statutes comforting II
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