Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1907-03-22
xsMssa or TIE ASSOCIATED PRESS

snd business. IS
nswsER or 1Hs ASSOCIATED PRESS
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PRIMARY Law CONSTITUTIONAL
The question of the constitutional
fly of the system of selecting United
States senator's as provided in the
Sharpe primary election law has been
considered by the National Federation
for Peoples Rule.
Under the North Dakota plan, party
candidates for the Office of United
States senator shall be nominated In
the manner provided for the nomina-
ton of candidates for state Offices.
The candidate receiving the highest
number Of votes at such primary cleo
ton shall be the nominee Of his party
for the Office of United States senator
at the succeeding session of the legis-
Iative assembly which is to elect a
United States senator; provided, how
ever, that in case no candidate re-
ceiyes forty per cent of all the votes
Of his party cast for the Office of
United States senator, then the two
candidates of each party who receive
the highest number of votes cast at
such primary election shall be placed
upon a separate ballot to be voted for
at the general election following. Such
ballot shall be prepared in the same
manner as the general election ballot,
commonly known as the Australian
ballot, is prepared. The candidates of
each party are to be placed upon such
ballot under their proper party head
ing. The name of each candidate shall:
be placed upon such ballot in the same
manner as the candidates for state
Offices and shall be voted for in the
same manner. The votes for candi-
dates for United States senator shall
be eanvassed and returned in the
same manner as the votes cast for
state officers. The candidate for each
party receiving the highest number Of
votes at such general election shall
be the nominee Of his party for the
Office OF United States senator, and it
is hereby made the duty OF the secre-.
tary Of state to certify to the next
session of the legislative assembly the
name OF the candidate Of each party
who receives the highest number Of
votes for the Office of United States
senator. ss
The following pledge by all the can
didates for the legislature is pre-
scribed: ~ as
I, the undersigned, candidate for
the Office of member of the legislative
assembly Of the state Of North Dakota,
do obligate myself to the people Of
the state of North Dakota and to the
people of my legislative district that
during my term of Office will sup
port and vote for that candidate for
United States senator in congress Of
me party of which am member.
VINO has received the highest number
OF such party syotes for that position
af the primary election next preceding
the election of United States senator
In congress; provided. that in case no
candidate OF my party receives forty
Per cent Of ali the votes cast for the
office Of United States senator Of nv
party. then and In that case I pledge
myself to vote for the candidate Of
my party who receives the highest
number OF votes of my party at the
general election succeeding such pri.
mary election =
The question arises. is the foregoing
system in violation Of the federal con
stitution? s#
II is true that Article /, Section &
declares THE senate Of the United
States shall be composed OF two SEN
ators from each state, elected by the
I legislature thereof
But Article 10 Of the amendments
+ declares: The powers not delegated
70 the United States By the constitu-
zion, nor prohibited by it to the
states. are reserved to the states re-
spectively or to the people.
One OF the peoples reserved rights
Y the right to instruct their represen-
taayes. This is demonstrated by the
fact that ct the time this amendment
was framed and adopted 1t was Gus
tomary Tor tie people to Instruct their
REPRESENTATIVES,, which they did 1T
foWn meetings in the northern states
ana elsewhere they Instructed them
Ct viii through mass meetings.
Furthermore, In Ave states 1t the
time the tenth amendment was adopt,
Cd the bill Of rights provided TINT M
neonle'a righ4 to assemble to Instruct