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

OF the entire vote cast at the June
primaries, such candidate shall be the
choice of his party for United States
senator
In a case where there are two va
cancies to be filled, and one candidate
only receives forty per cent of the
vote, 1t would be impossible for the
legislature to- determine for which
term the voters intended that the
candidate receiving forty per cent
should be elected. There is no escape
from the conclusion that the con-
structfon contended for in support of
the demurrer would result in depriv-
ing the legislature of the advisory in
struction as to what candidate was
intended by the voters to be elected
to fill the long term or the short term.
1t does not answer the argument as
to the Importance, under this law,
or an expression by the voters of
their choice for United States senator
to say that the ultimate choice is with
the legislature, notwithstanding any
expression of the voters choice 1t is
necessarily true, of course, that the
legislature cannot be legally bound by
any vote on this matter, but the law
provides for an expression Of a choice
by the voters, and this expression
should be made in accordance with its
provision although it may have no fur
Their effect than as a mere expression
of a choice. If the inevitable result
Of tendency may be, in certain cases,
to deprive the voters of expressing
choice for the short term, it is a mat
ter of further legislation or, perhaps,
different petition. All that is now
decided is that the law does not con-
template a general petition without
specifying the term or particular office
where two senators are to be elected.
Counsel insists that it would be a
fragrant instance OF legislation by this
court to say that section of the act
can be construed to refer to an ex-
of choice as to the term of
Office to be filled where two senators
are to be elected at the same time.
That section provides that "at the left
Of each group shall be placed the til
tie of the office, ETC., ETC." The word
title" as used in that section is
construed by us to include within it
the term of Office This construc-
ton gives the word title" no new
It necessarily includes with
in its meaning the tenure of the office.
Words and Phrases, Vol. 6, P. 1929.
This construction of this section
gives effect to the act, and limiting
the word title in this connection to
mean one Office, without designation
Of the term, would render the act nu-
5oatory under the present situation.
Further, section 9 of the act pro-
'ides that the form of the ballot shall
De, and indicates, in the form, that
The voter is to vote for one" United
states senator. On the theory that
10 designation is intended, this could
lot be DONE. and the voters choice
'or two candidates expressed by bal
OTIS. AS before stated, a vote for two
would not express any choice so far
rs the tenure is concerned If the
petition and ballot show what term
he candidate wishes, the form of the
ballot and the instruction to vote
or one" has force, and can be given !
effect.
NO cases were presented and none |
nave been found directly in point in
his case. Cases holding, generally. |
hat courts have no right to supply |
TN intent not expressed in the act |
IND that 1t is the province of the
'ourt to follow the legislative intent |
Is expressed In the act, have been
,lted, Of course there is no con- (
llct as to the general principles ap- |
'hcable in such cases. We have fol- |
owed the rules thus announced as we |