The Washburn leader. [volume] (Washburn, McLean County, N.D.) 1890-1986, 1908-10-23
ATTACK IS MADE
ON PRIMARY LAW
Political Sensation IS Sprung Only
Senatorial Section Of the Law
Alleged to BE "0ff.

~ y 2 . e l. 5- y
method Of Endorsement Of a can
didate for the United States sen
ate, has been directly attacked in
the supreme court. by an action
begun Saturday, by Ball, Watson,
Young and Lawrence Of Fargo; as
attorneys for Herschel James, a
citizen Of Hettinger county.
Writs of injunction and prohi-
bition are asked to prevent a vote
being taken at the coming election
on the matter Of the senatorship,
both against the county auditors
Of the state and the secretery OF
state.
The provisions Of the primary
law requiring all expression of the
voters on tie matter of the senator
ship and;;c thisa manda-
tory direction to the legislature to
select the candidate voted for by
the people. are attacked as in
violation both in the constitution
Of the state and the Ulited States
if the contention Of the
relator in the: case is sus-
g
tanned, there will be no vote at the
fall election on the matter of the
senatorship, and the election Of a
senator will go directly to the
Legislature as heretofore, without
any Preliminary direction by the
voters.
The members Of the supreme
court, to whom the application for
writs were presented, discussed
the matter for an hour or SO before
announcing that the application
would be entertained and juris-
.diction taken in the case, which is
the most important yet brought in
connection with the primary 'ele-
ction law, T. r. Marshall and NJ.
N. johnson candidates for the
choice of the voters Of the election
as parties in especial interest in
b -
the case, and will be served with
notice Of the proceeding and copies
Of the papers in the case, and will
be represented by council when
the case comes on for hearing,
which will occur at 10 O'Clock
Friday, October %.
The application was made to the
supreme court in its chambers
Saturday morning by Attorney
Lawrence Of the firm Of Ball,
Watson, Young and Lawrence Of.
Fargo, upon the relation Of Her
schel James, who is county SUI
perintendent Of schools Of Hett-
inper county. Writs Of prohibit
on and injunction were sought
against the county auditor Of
Hettinger county, to prevent his
d distributing the senatorial { Little
Ballots g the names Of T. q. Mar
shall and M. N. johnson as candi-
dates for the United States senate.
Mr.. Lawrence prefaced his read.
ing Of the affdayits briefly with
the statement that he appreciated
the fact that only q little time
would elapse between now and!
the election, but that he believed
the Importance Of the question
raised and Of the issues 4 involved
warranted the bringing Of the 4
case before the court even at this
late time, and lie thot that if
decision could be rendered by
October % to 50, 81 would give
time then to attend tos the duties
prescribed By the law with referen
ce tothe printin & and distri ribnt-
ion Of these little ball lots.
| There are many selarate reaso sons1I
assigned to fallege the invalidity ofti
the primary law 50 far as il relates
to the nomin alton and elect ion 81
United States senators bit thett
main grounds are two one u
siolat ton of the state const utioIl
IL that the ledge req quired ofs; IS;