Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1910-05-19
SUPREME COURT SAYS
(Continued from page -

a senator for the term which will ex-
pire on March 3, 1915, is, that Hon.
NJ. N. johnson, who was elected to
said Office for the term ending March
3, 1915, died while In ONCE, anu
therefore it will become the duty OF
the next legislature to elect q senator
for the unexpired term OF his once.
That one A. J. 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, 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 of11ce
OF United States SENATOR. and does
not designate therein the particular
office or term for which he is a can
didate, and files such petition and &C.
companying affidavit without designat-
ing therein whether he is candidate
for said office for the term which ex-
pires On March 3, 1915, or for the term
which expires March 3, 1917.
That the defendant will, unless en-
Joined by this court, certify to the var
ious county auditors Of the state the
name Of said Engerud without des1g-
mating the particular term of said or
flee of United States senator for
which he is candidate.
That the relator has filed 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 republi-
can party.
That all of said candidates for NOM
ination 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, airs the names or
all other republican candidates for
nomination to said senatorial office,
voted on by the legal voters of the
republican part at said primary elec-
ton, as candidates for particular
term thereof, and that the voters OF
said primary election will be cOnfus-
ed and deceived to the prejudice OF
said relator if said Engerud or any
other candidate for said office is per-
mitted to file petition for such NOM
ination generally, and without desig-
mating the particular term for which
he is candidate.
The relator asks that an injunction
be 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 candidate,
and that the defendant be command
ed to certify REALTORS name as prayed
for in the petition.
Said Edward Engerud appeared, by
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
100, laws of 1907. This law provides
Tor the nomination of all state, district
and county officers at a primary cleo.
ton to be held in June, next proceed.
ing the rgular biennial November
elections. This law also provides for
q nomination, by the voters Of a party
Of candidates for the house of repre-.
sentatives and senators Of the United
States. It also provides that all can.
didates for the state legislature must