Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1909-11-12
THE TWO SENATORSHIPS.

There appears in another column
letter from Alfred Blaisdell secretary
of state, which brings up the i'm
portant matter of the preparation OF
the primary election ballot next year
with reference to candidates for
United States senator. Owing to the
death of Senator Johnson, two sena-
tors will have to be elected by the
legislature which meets in the Janu-
airy of 1911. One of these will be
for the full term of six years from
March 4. The other will be for the
remainder of the term to which Mr..
Johnson was elected, or for four years
from March 4, 1911.
We see no reason why there should
be any confusion with relation to the
manner in which these two candi-
dates will be indicated to the legisla-
ture by the voters of the state. Meth
er do we think there is anything in
the contention that the primary
choice is not applicable to both can
didates. 1t is practically impossible
so to frame any law that it will cover
every contingency or emergency that
may possibly arise. 1t is for this rea-
son that we have administrative Of
ficers and courts, and where the &C
lions of an administrative officer do
not positively conflict with the letter
and spirit of the law, we think it
will stand the test of judicial scrut-
my. Indeed, we think the court
would not hesitate in a decision to
supply machinery or method that is
plainly necessary for the carrying out
Of the spirit of the law, rather than
see the law rendered ineffective or
nugatory. And we think such a de-
cision would be sound in law and
sense
The primary election law states
that United States senators shall be
voted for in the year preceding their
election by the legislature. mas
much as next year is the year before
the legislature will be called upon to
elect two senators, we cannot see why
two candidates should not be indi-
Gated to the legislature by primary
vote. Otherwise, we should have the
strange spectacle of legislature
electing a long term candidate at the
mandate of the people, and engaging
in struggle for the choice of a
short term candidate without any
indicated choice by the voters. Ger
tainly the primary law does not con-
template such condition, and unless
the entire matter of primary choice
of senators should be held of no ef
feet, we think it applies with equal
force to candidates for the six year
term and those to fill the vacancy.
=, If candidates for the Office of sena-
tor will indicate in their petitions
that they are candidates for the full
term or candidates for the vacant po-
sition, the names of party candidates
could with ease be ranged in two
groups under appropriate heads, and
voters would be called upon to cast
a ballot for one member of each
group. The principles and directions
of the primary law could be applied
without any difficulty or confusion to
each of two groups, as we'll as to one
group. II no candidate of either
group got the required forty per cent
i the names of the two highest in each
group could be placed upon the fall
election ballot, under appropriate
heads, and a final choice be made of
two cat1didates-one for the full term
and one for the four year term. Ii
+ in one group, some candidate reeeiv-
ed forty per cent Of the votes, that
question would be eliminated from
the fall ballot, and the voters would
make choice in the other group.
The effect Of this would be that there
would be indicated to the legislature
by each party two candidates, one
for the full term and one for the four
year term, and there could be no am
biguity, doubt or confusion abou. the
i result. 4
We do not think there IL anything
IN the suggestion that all names be