Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1908-10-03

4 y NS-1SAA- Fss~SS. W.
evidence that an act is the act of the
party, or a candidate the candidate
of party, -e:,,s,.Y,,xp .-ssszs--js. 2ty49-
The provision under discussion
may we'll furnish an incentive to
voters to attend, the primaries and
in a measure to. overcome their. in
difference. 5stgz 49,. rs4 s.yg.t,gg. -. .,,%
-: - = So 49, *:.*
= Certainly If the members Of i
ga party lack sufficient interest :
!: in it's welfare and maintenance .
!: as an organization to attend the I:
: election, they have no reason !:
= to complain. and if having. at =
= tended and voted for candidates :
s to fill most Of the places. on :
= their, ticket, when only a cross =
= is required to express their ..
q preference as to another candis 4,
q date, they fail to make 1t while =
= in the booth. it would seem to =
/. strongly indicate q desire to- 4
= refrain from placing a party .
. candidate in nomination. for I:
4, that Office. sssss No. 5
@*****:* 500 =. 4.
n This is a contingency which cannot
well be reasonably provided against
by the legislative assembly, and sun:
less the legislature has failed to pro
vide the opportunity for an express
sion of the individual preference OF
the voters and Of the party, we are
unable to ssee that the law isaobnox-
fous to any constitutional proyis
ion -. IL e. s, ss All ;s
Judg Fisk Dfssents. II
Fisk, j., dissenting. I fully con.
cur in what, is said in. the ma ority
opinion upon REALTORS first point
nor do / disagree with such opinion
as to many other propositions there
in discussed, but which do not con
slider have any relevancy to the vi
tai question herein involved which Is
whether the 80 percent feature OF the
primary election law is a Legitimate
and constitutional enactment. UpoI
this proposition am forced to dis
sent from the views expressed IL
the majority opinion and will brief
" set forth my reasons for SO doing
Conceding that the objects sough
to be accomplished by this percent
age clause are as stated in the ma
jority opinion it is very clear to M.
mind that all such objects may b.
fully accomplished by much les
drastic statute. Realtors counse
does not contest either the validit
or the propriety of a limitation upol
the right to make party nomination
by requiring certain percentage Q
its members to attend the primar
and vote before such party shall be
come entitled to have It's ticket al
pear upon the official ballot, for tn
purpose Of discussion he concede
that even a 80 percent limitation
when properly applied, might b
justified. KS "a
Specific Instance Cited.
The specific vice existing in thi
feature Of the law, IN forcibly illu
trated by the particular facts dill
closed by the record on this appea
AT the recent primary election
Grand Fork county $50 Democrat
Of about 30 IN percent Of the tots
voting strength Of their party, q.
tuaIly attended and voted for certai
candidates Of their party as sucl
For some unknown reason {
through indifference and perhaps p
cause he had no opposition, ~
about IL percent OF such electoI
failed to vote for reiator, thereby r
ducing his percentage slightly belo
so percent The result is, under til