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

! give the voter the right to express
choice on the question of the term
of office to which a candidate as
pires?" If so, no candidate should
| be permitted to file petition which
necessarily denies that right to the
| voters.
Reliance is placed on section IL,
Of the act. which prescribes that
| where there is more than one person
to be elected to the same office, the
persons to the number to be elected
receiving the highest number of votes
cast for such Office shall be declared
the nominees of the party for such
Offices" In view of what we have be-
fore stated, this section can have no
application to the question before us.
The offices to be voted for are differ
ent, inasmuch as they are not for the
same term. Therefore this section
is not applicable to a case where,
strictly speaking, different officers are
to be voted for.
Giving the law a reasonable con-
struction with a view Of carrying out
the intent thereof, which is to secure
an expression of the voters choice
for the United States senator, we are
convinced that it indicates an intent
and therefore must have been in
tended to call for an expression of
the voters choice, so far as the ten
ure of the office to be filled is con-
cerned. The intent of the law was to
place the voters in the position of
members of the legislature, and per-
NIT them to express their choice for
election where one or two are to
be elected at the next session of the
Legislature.
1t is contended with great force and
plausibility that the will of the voter
may be thwarted entirely if voters
are compelled to specify the particu-
lar term for which they desire a per-
son to become a candidate. The point
of this contention is that the can
didate receiving the next highest vote
for the long term may receive Iarg-
err number of votes than the highest
number Of votes cast for any candi- |
date for the short term, and that the
person receiving the next highest
number of votes for the long term NAV
be and probably would be the choice
for the short term, if they are per
mitted to express themselves gener-
ally. In consequence of this possibil
ity, 1t is urged that the construction
contended for by the relator would
result in defeating the will of the
majority of the voters as to first
choice for the short term of the can |
didate receiving the next highest
vote for the long term. 1t is there
fore contended that the legislature
could not have Intended to deprive the
voters of the right to express their
choice as between all candidates as
to the long and the shor term.
1t is not denied that such a result
might possibly follow, but that it is
probable, or will ever actually arise. |
is doubtful. From degaI standpoint, /
however, there is nothing on which to
base an assumption. that the voters
for the next highest candidate for
the long term would vote for him
for the short term. However that NAV
be, we do not think it should result /
In laying down rule of construction !
against what we deem an expression !
OF the legislative intent as to this |
matter, and certainly as against the
clear spirit of the law. This law con-
templates the election by the legis- |
lature of a candidate having the
highest number of votes If no candi-
odte receives forty per cent of the
vote cast. In case where two SEN
ators must be elected and their
names are submitted without designa-
ton of the term of each, it will he
impossible for the legislature to saw
that the candidate having the highest
vote is the choice for the long term, I
To say that would be purely specula-
tive; and 1t can not be truly said. l
either that the candidate receiving the
next highest number of votes was the
choice for the short term, as there has
not been any expression on that cues II
ton. If this he true, the construction 4
contended for on demurrer necessarily Il
defeats the intent of the law calling Il
for an expression of choice for Unit II
ed States senators by the voters when
two are to be elected at the same ses-
sion.
Obviously no designation is neces-
sary when there is only one to be
elected, as there is only one vacancy
to be filled, and no question can arise
as to what the voters choice is.
This law also provides that in case
one candidate receives forty per cent