The evening times. [volume] (Grand Forks, N.D.) 1906-1914, 1908-10-30
PLEDGE CLAUSE
IS NOT BINDING
Attempt to Prevent Voting Of
Republican Ticket by
Democrats

Bismarck. N. D., Oct. 3O.-The su.
preme court late yesterday evening
handed down its decision in the case
brought before it several days ago to
test the constitutionality of the law
providing for the nomination of a
candidate for United States senator
to be elected by the next legislature.
at the general election next Tuesday.
The court holds that what is known
as the pledge clause. requiring candi-
dates for members of the house of rep.
resentatives and the state senate to
sign pledge before coming candi.
dates that they would be bound by
the vote of the peopse at the polls and
cast their votes as members of the
legislature for the Candidate, SO select
ed, or else sign statement that they
would not be SO bound, is unconstitu-
t1onal. At the same time the court
refuses to grant the restraining order
asked for in the bill to prevent the
secretary of state from proceeding
with the duties of holding the cleo
tion for determining a candidate for
senator as provided by law.
The act is not vulnerable to attack
upon the ground that it is an unlaw-
full delegation of the power granted
to the legislature by the federal con.
stitution. The contention that the act
unlawfully attempts to bind success
sive legislature is not tenable.
Those provisions of the act provid.
ing method for permitting electors
to designate their choice of candi-
date for the United States senate are
not dependent for their validity upon
such other provisions requiring an
oath and pledge, ana may be sustained
regardless of the invalidity of such
other provisions. The provisions Of
said act insofar as they permit cleo
tors to designate their choice Of a
candidate for the office of United
States senator are not vulnerable to
attack upon any of the grounds urged
by srelator, says the court. Thespro-
visions OF the act permitting electors
to designate their choice does not
amount to an election by the people
OF q United States senator. Hence
they do not controvene the provision
of federal constitution. which pro-.
vides for the election of United States
senator's by the state legislatures. No
constitutional right of citizens is there
ton, the senate of the United States
being the tribunal should determine
whether or not the provisions of the
act relating to the nomination and
election of United States senators are
germane to the subject embraced with
in the title of the act.
Recommendatory, Not Legal.
This leaves the matter in such shape
that the vote as between Thomas F.
Marshall and NJ. N. Johnson will be
taken next Tuesday in the same man
ner as though no suit had been
brought. The members of the state
legislature are at liberty to disregard
the vote if it so chooses and there
are no obligations of any kind upon
the members. In other words. the vote
next Tuesday will be recommendatory
and not legal.
1t is now question of whether or
not the Democrats will be able to par
ticipate in the election and by voting
for Mr.. Marshall, give him a seeming
majority which will be morally bind
ing on the legislature. 1t has been
charged that there was deal on be-
tween the Democrats of the state and
number of the followers of Mr.. Mar
shall. including the Grand Forks Her.
aid, by which the Democrats were to
vote for Mr. Marshall and certain Of
his followers in turn were to vote for
Governor Burke. While he was in
the city few days ago attending the
hearing of the case in the supreme
court he gave out the statement that
he would answer this charge at once.
But as he has not done SO it is be-
ginning to be believed that he can not
do SO. 1t is said that the story came
from candidate on the Democratic
state ticket and that he was not only in
a position to know but that he was q
man whose word was competent evil
dence on any matter. Whatever Diff
ference there is between the vote Of
G. A. johnson and that of the head of
the Republican ticket, it is claimed
will show the extent of this deal.
Moreover, should Mr.. Marshall receive
such vote that it added to what
Mr.. johnson receives would make a
larger vote than that received by G. A.
Johnson for governor, this would bo
taken as conclusive evidence of thD
trade.
Affecting Secret Ballot
It is true that the supreme court
attempted to cover this open PROPOSE
ton and on this question said in sub
stance that the general election inso-
far as it relates to the choice between
the candidates for the ofiice of United
States senator is a mere continuation
of the primary election and that tho
provisions Of the primary Law which
are designed to safeguard the rights
Of party organizations and to prevent
the members Of one party from par.
ticipating in the nomination by anoth-
er party apply. Hence the provisions
of the law requiring the judges and
inspectors, when handing q ballot to
voter to inform him that he must
vote for the candidate Of the political