The evening times. [volume] (Grand Forks, N.D.) 1906-1914, 1910-06-15
Court Holds John Nelson's
Petition Invalid and Throws
Same Out
AUDITOR IS DIRECTED TO FILE
PETITION PRESENTED BY SCOTT
Failure of Signers of Nelson Petition
to Specify City as Well as Street
Number of Their Residence Grounds
of Decision.

of Decision.
In signing the petition of John Nell
son as a Republican candidate for
county auditor without specifying the
city as we'll as the street of their
residence, invalidated the petition and
caused the petition to be rejected by
the district court. The name of ]. w.
Scott, who instituted the suit, will go
on the primary ballot and he will
become the candidate in the primary
election.
A decision to that effect was rem
dered by Judge c. F. Templeton of the
Grand Forks district court this morn
ing, when he ruled that John Nelson's g
petition was irregular and at the same
time ordered that Mr.. Soctts petition
being accepted and that his name be
placed upon the ballot as the candi-
date for auditor.
When questioned as to the possi-
bilities of an appeal to the supreme
court, Auditor Anderson stated that
the matter was uncertain until the re-
turn Of the states attorney, who is
expected home this evening.
How It Started.
The county authorship muddle was
occasioned recently when Mr.. Ander-
son refused to accept the petition of
Mr.. Scott as candidate for auditor.
declaring that John Nelson had al
ready filed and that therefore, under
the law, he could not accept a second
petition, the time for filing except in
cases where vacancies might exist
having already expired.
Mr.. Scott then brought the man
damus action, Judge Templeton sign
ing the alternative writ, on which
arguments were made Tuesday aft
ernoon, and the decision this morn.
ing very probably brings the matter
to a close. Judge Templeton held
against Mr.. Scott on all proposi.
tions except that relating to the sig
natures.
When the decision was handed
down, other petitions on file in the
auditors Office were inspected and II
was found that many possessed the
same irregularity that barred the Mel
son petition. However, where no OBJ
jections are made, the auditor will
not take any action with reference to
them, and the names Of the candidates
will go on the ballot.
Templeton's Decision.
The memorandum decision by Judge
Templeton is the Scott case follows
Estate of North Dakota, ex rel, John
w. Scot, plaintiff. vs.. Hans Anderson
as county auditor of Grand Forks
county, North Dakota. defendant.
Memorandum Decision.
"In my opinion REALTORS petition
must be granted. 1t think it clear
that the petition Of Mr.. Nelson is in
sufficient. hold against relator upon
every proposition advanced except az
to the sufficiency of Mr.. Nelson's
petition. The primary election law
provides that every elector signing a
nomination paper shall add his resi-.
dence with the street number, If any
and the date Of signing think this
language of the statute Is plainly
mandatory. The word residence. AZ
used in this statute must mean the
city, village or township where the
elector resides. 1t is admitted tina,
nearly all the electors who signed
Mr.. Nelson's petition failed to add the
name Of the city, village or township
where they reside. For this reason
the petition must be held to be 8
nullity. This question seems to me tc
be strictly analogous to that Of receiv'
ing votes in certain cities where reg.
istration is required and no registra.
ton ia had and the qualifications Of
voters are not sworn to. The Law
relating to registration In cities is nc
more plain, direct and peremptory ir
its language. than is the statute re.
Quiring one who signs nomination
paper to add his residence. Our su.
preme court in the recent cases in
volving the new counties of Renville
and Burke held. that at the last gen
eral election in Kenmare the entire
poll should be thrown out simply be-
cause the election officers had failed
to prepare a registry list. The failure
there was principally that of the
election officers. Here, in the case al
bar. the failure is that Of the electors
themselves to obey the plain language
of the statute. 1t seems to me that
the reasoning of the supreme court
in the Renville and Burke county
cases as to mandatory provisions in
a statute applies with greater force
in the case at bar.
The peremptory writ of mandamus
will issue directing Mr.. Anderson. the
respondent, to ignore the petition OF
Mr.. Nelson, to file the petition Of re-
lator and place REALTORS name on the
primary ballot as a Republican can.
didate for county auditor of Grand
Forks county.
"Nated lime TX 1910
Charles F. Templeton, Judge.
y . .
THE XEATHER I