Jamestown weekly alert. [volume] (Jamestown, Stutsman County, D.T. [N.D.]) 1882-1925, 1908-10-22
TEST PRIMARY LAW.
More About Proceedings to Test
Validity of One Phase Of Pri-
mary Election Law.

The announcement of the proceed
ings begun In the supreme court, SAT-
urday, to test the validity of the
primary election law relating to the
election of United State senators, has
been the one absorbing topic in po-
litical circles. Many different views
have been expressed in regard to the
origin of the proceedings, and many
surmises have been made as to who
is responsible for the same, the OBJ
ject of the same, and other phases of
the question. So far as generally
known all explanations are mostly
matter of surmises. The case offers
an opportunity. in the midst of the
campaign, where elections are being
closely contested by different aspir-
ants for Office, to make wholesale
charges and counter charges. and to
discuss the matter on theories rath-
er than on knowledge of the actual
facts. In the absence of other infor-
..mation on the subject beyond what
has been given in the proceedings
themselves, the following from the
Fargo Forum is of interest:
s"The suit has undoubtedly created
a distinct sensation and has resulted
in charges and counter-charges in
efforts to solve it. Rumors are SO
thick that it is difficult to determine
the exact status OF affairs. Some
reports charge that Colonel Little
was responsible, others that it was
Senator Hansbrough, ,still others that
Marshall had the suit brought be-
cause he feared defeat by: Johnson
another rumor is that the Johnson
men brought the action because they
had unearthed an alleged trade be-
tween Marshall and the democrats
by which Marshall's friends we're to
vote for Burke and democrats to vote
for Marshall.
Another and more plausible ru.
NOR is that prior to the primaries
Ave republicans from different parts
Of the state --none, OF whom were
fSttl1r o1lces, holders or. or.candid
happened to meet and, in 8 discus
Ision Of things politic-the senatorial
question came up. All were unani-
NOUS in their personal opinion that
the senatorial features of the .pri-
mary law were unconst stitutional and
q tacit agreements was made at that
time to test the law. hen the mat
tier was agitated 1ater-tlese men
were besought by their friends both
stalwart and insurgent-to let the
matter rest, and before anything
could be accomplished the primary
election was over. Later there was
more talk of the suit-but nothing
definite was accomplished. About
ten days ago. it is understood, three
Of the men met and renewed their
determination to bring the test case.
The other two men we're commune
Gated with and arrangements made
through which each was to get nine
more or total of fifty men to stand
hack of the suit. This was quickly
accomplished, it is said, with the
fifty representing men in practically
every county OF the state. A Fargo
legal firm was engaged and the action
brought with as much promptness as
possible. All these men believe the
law is unconstitutional and have con-
fdence that the supreme court will
decide SO.
There are several demonstrations
al features of the provisions for the
nomination of United States senat-
ors. The Forum has commented on
them many times since the enact
ment Of the law. The most eyre
gious error the primary law makers
fell into was the pledge required Of
legislative andidates making an
additional qualification. Another was
in attempting to make it appear
that state legislature was greater
than the cons titution Of the United
state-and could change the methods
Of selecting senators by doing indi-
rectly what could not be done direct
,|ly. OF these and other grounds the
supreme court will nndOub ubtedly de-
clare the senatorial features uncon-
silt utional. 81
Hsnsbr oueh's Views.
Senator Hansbr nghsWas IN Fargo
] yesterday enroute TO the western
/ part of the state to All some speak
i Ing pointments; for :tile publican
1sticket It has been asserted that
THE senator himself was sponsible
j for the beginning of the suit. In
this sconnect ton AZ! Is quoted ~ the
Forum q saying B
ntinned on