Jamestown weekly alert. [volume] (Jamestown, Stutsman County, D.T. [N.D.]) 1882-1925, 1910-04-28
JUDICIARY CONTEST $
CENTERS INTEREST
NORTH DAKOTA WILL TRY OUT
NEW LAW PASSED TO LIFT
JUDICIARY FROM
POLITICS

North Dakota will this year try out
its new law passed by the last legis-
lative assembly and elect three mem
bers of the supreme court of the
state, states special from Grand
Forks to the st. Paul Pioneer Press.
Out of the five justices making up
the court only two hold over this
year, the terms of the majority of
them expiring with the close of the
present year.
At the same time the voters of the
state will have an opportunity of
casting their ballots on the question
of extending. the terms of justices
from six years to ten years, q con-
stitutional amendment to that effect
having reached the point in legisla-
tive progress where it requires the
majority vote of the people to be-
come effective.
In view of the many new factors
entering into the election of supreme
court justices there already has been
and will continue to be an extraordi-
nary amount of interest in the cam
paign of its several candidates. Up
to the present time announcements
of ten candidates for places on the
bench have been made, three of these
being by present members who are
seeking reelection. Three Of the
candidates announced are at present
judges of district court, the other
four being practicing attorneys.
One of the most interesting fea-
lures in connection with; the election,
and one which will be watched by
politicians with deep interest, will be
the manner In which the nonpartisan
judiciary act will work out. This
bill was, passed by the eleventh leg
islative assembly, and it is an out
growth of the fight that was made
several years ago by the attorneys
Of the state for the election of Charles
j. Fisk, a democrat, who defeated q
republican candidate with both cam
didates running under party designa-
tion. One OF the issues of that cam
paign was that the bench should be
nonpartisan, and a law to that effect
now graces the statute books Of the
state.
The manner of electing the justices
under the new law is very simple.
The law prescribes that in the petit
tions of nomination no references
shall be made to the party affiliations
of the candidate: This applies to su-
preme court as well as district court
candidates. In the primary election
the names of al candidates nominat-
ed are placed on a separate ballot
known as the judiciary ballot" The
number of candidates nominated in
the primary election shall be just dou-
BILE the number of positions there are
to fill, so this year six candidates
will be nominated in the primary
to make the race in the regular fall
election. In the fall election the six
candidates go on separate ballot,
with party designation, and the three
highest will be declared elected.
If the constitution amendment pro-
viding for a longer term is adopted,
and it is very likely that it will be,
the candidates in the fall election who
receives the highest number of votes
will hold Office for ten years; the next
highest candidate holds for eight
years and the third highest candidate
holds for SIX years.
The present members of the SUI
preme court who will continue to
serve are Chief Justice D. e. Morgan
and Justice Burleigh F. Spalding, the
latter being at one time member of
congress. Justices G. ]. Fisk, s. b..
Ellsworth and John Carmody COM
plete their work, under the authority
by which they have been acting at the
close Of the year of 1910 and are can
didate9 for another term. OF these
three justices, only one has previous
" been elected by the people, JUS
tices Ellsworth and Carmody being
auuoiated to their positions by Gov
ernor Burke in February, 909, when
the law increasing the number Of JUS
tices from three to five went into eff
/ feet. ss ,ss 81 -,
Previous to this promotion to the
supreme bench Justice Fisk was
Judge of5 the district court Of the hrst
judicial district. esigning that posi-
tion when he - !, slscted to 9 ne high-