Jamestown weekly alert. [volume] (Jamestown, Stutsman County, D.T. [N.D.]) 1882-1925, 1909-02-18
NUMEROUS BILLS
PASS BOTH HOUSES
Legislature Has But Two Weeks
Left. New Bills Intro
duced. Notes.

QuCe0. NOleS.
Bismarck, Feb. IA.
The house committee has reported
favorably upon Whites primary cleo
tion bill, which provides for two
state conventions and gives q stated
minority the right to 90 before the
people at primary, II not satisfied
with q ticket selected at the conven-
tion. The nomination of state OFF,
GERS by party conventions is earnest
ly desired by many in the interests
of good clean tickets and justice to
candidates. Under the present law
the expense Of securing nomination
on an election ticket, for q state
Office, is unreasonable and contrary.
to the public welfare. It is held if
the White bill becomes law, it will
promote the nomination Of good men
in the state conventions as the mi
nority would have q right to secure
an appeal, if dissatisfied; and on the
other hand no minority would be able
to secure a primary election, on ac-
count of the expense Of the same, un-
less there was just cause of griev-
ance against the ticket nominated
at the convention. The bill is be-
lieved to be In the interests of party
harmony as we'll as the selection OF
good candidates.
The Skulason initiative .and refer
endum measure which was made a
special order for Saturday, was taken
up and discussed in the house, with
many members being more favorably
inclined to the measure than before.
This bill is intended as substitute
for the Ueland measure, which was
killed by the house ana Is favored by
many because 1t has no reference to
any charges in the state constitution.
The Supreme Courts Views.
The opinion in the decision in the
Poole case, denying the application
for the writ Of prohibition, against.
the court martial, was written by
Judge Fisk. ALI the judges concurred
except Judge Ellsworth, who dissents
in part. but agrees as to result, as
reported in the syllabus published in
the Alert Saturday. The opinion as
prepared by Judge Fisk goes into
elaborate detail and cites many
opinions of other courts to show that
our supreme court had no jurisdic-
tion over court martial, as con-
ferred by the constitution Of this
state. A court martial Is held to be
supreme. in its power when acting
within the limits of its special juris-
diction. ''Were it otherwise, said
Judge Fisk, "the military power of
the state which is branch of the
executive department might be seri-
ously embarrassed If not completely
paralized by the interference of the
civil courts in the necessary disci-
pline of its organized forces. -
'tIf court martial exceeds its jur-
isdiction or acts without jurisdiction
its judgments are nullity, and any
person agrieved thereby may seek
proper redress in the civil courts
having jurisdiction" says the de-
cision.
Capt. Armstrong Relieved.
4 10. . - & =. 4
The Bismarck Tribune says that
Capt. Geo. Armstrong, q. S. a. re-
tired, has, been relieved from duty at
Bismarck, where he has been acting
as military secretary to Gov. Burke:
1t is stated that the governor asked
the department. at Washington to
have this done and that orders were
received Friday complying with the
request. The Tribune adds:
While no reasons were stated by
the governor In his request for the:
relieving Of Capt. Armstrong, it is
understood that he felt that Capt.
Armstrong took an sundulY active
part in behalf Of Gen. Poole in the
unfortunate cont Dtroyersy. ss. s&
Capt. Armstrong refused to be In
terviewed on the subject, built Is
known that he has written to the
governor, saying he has asked per-
mission Of the war department to.
make . statement Of his case. which
statement he will be pleased to have
the governor review before II is for
warded to Washington, and that he
expects soon to leave for his home. 81
#s Since his retirement from the army
for disability year orsso ago, Capt..
Armstrong has been Of great assist
sance to the national guard Of the.
stat which service has been fully
appreciated BY all conyersant with
the facts and Il; a. unfortunate that &
scircnnrstan have arisen which will