The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1910-05-19


in other cases.
5. The primary election law should
be literally construed to effectuate
its remedial purposes.
Syllabus of the court.
Application for writ of injunction.
Buy c. H. Corliss, for plaintiffs.
Ball, Watson, Young and Lawrence,
for defendants.
Morgan, c. j. The relator, Thomas
F. Marshall, applies to this court for
an injunction against the defendant,
as secretary of state, and bases such
application on the following facts set
forth in his affidavit:
That he is a candidate for the
Office of United States senator for
the term which will begin March T.
1911 and end March 8, 1917.
That the next session Of the legs-
lature of this state, two United States
senators are to be elected as follows:
One for the term. which will begin
March 4, 1911 and end March 8, 1917:
and one for term which will end
March 3, 1915.
That the reason for the election for
a senator for the term which will ex-
M. ~ Johnson. who was elected to
said office for the term ending March
3, 1915, died while in office, and
therefore it will become the duty of
the next legislature to elect a senator
for the unexpired term of his office.
That one A ]. Gronna is a candi-
date for said office for the term which
will expire March 3, 1915.
That one Edward Engerud has filed
with the defendant as secretary of
state, a petition duly signed by the
requisite number of legal voters. re-
questing him to become a candidate
for nomination to said office at the
primary election to be held in June,
1910.
That in said petition said Engerud
sets forth the title Of the office to
which he aspires merely as the office
of United States senator, and does
not designate therein the particular
office of term for which he is a can
didate, and. files such petition and ac-
cOmpanying affidavit without designac-
ing therein whether he is a candidate
for said Office for the term which ex-
pires on March 5, 1915, or for the term
which expires March 8, 1917.
That the defendant will unless en-
Joined by this office, certify to the var
ious county auditors of the state the
name of said Engerud without desig-
mating the particular term of said of
flee of United States senator for
which he is a candidate.
That the reIator has filed a petition
for nomination as a republican candi-
date for the office of United States
senator for the term which ends
March 3, 1917, with the defendant as
secretary of state.
That said petition is in all things
regular. and signed by the requisite
number of legal voters of the repubIi-
can party.
That all of said candidates for NOM
fnation for said office are candidates
at the primary election to be held in
June, next, as members of the re-
publican party.
That said relator claims the right |
to have his name and the names of
all other republican candidates for |
nomination to said senatorial Office. !
voted on by the legal voters of the
republican party as said primary cleo |
tlon, as candidates for a particular
term thereof, and that the voters of
said primary election will be confus-I
ed and deceived to the prejudice of
said relator If said Engerud or any
other candidate for said office is per- |
mitted to file a petition for such nom
anatlon generally, and without desig- |
mating the particular term for which |
he is a candidate.
The relator asks that an Injunction !
De issued commanding the defendant |
TO strike from the files of his office |
the petitions of said Engerud, and
that the defendant be enjoined from
certifying his name to the various |
county auditors Of this state as a |
candidate for the office of senator
without particular designation In his
petition, as to the particular term of |
senator for which he is a candidate. |
and that the defendant be command
ed to certify REALTORS name as prayed |
for in the petition.
Said Edward Engerud appeared nv
consent of the REALTORS, on the return |
day of the order to show cause, and
demurred to the showing made in /
the affidavit, on the ground that the
facts stated are insufficient to Justify
the issuance of an Injunction against |
him. On the demurrer, oral argu- |
ments were submitted on behalf OF
the relator and on behalf of Judge
Engerud.
The questions of law presented are
to be determined from a construction
OF what is known as the primary cleo
ton law of this state being chapter
los, laws of 1907. This law provides
Tor the nomination of all state, district
and county officers at a primary seIec-
ton to be held in June, next preced-
Ing the regular biennial November
elections. This law also provides for