Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1910-09-16
Supreme Court:

State of North Dakota, ex rel, John
E. Williams, plaintiff, VS.. Pauls s.
Meyer, as county auditor Of Mclean
county, defendant, North Dakota.
!. Section q of the constitution
fixes the term of state senators at
four years, Except as hereinafter pro-
vided." Section 20 authorizes the leg
islative assembly to fix the number OF
senators and divide the state into
senatorial districts with one senator
for each district. Section 80 requires
the senatorial districts to be number
ed consecutively from one upward,
and the senators to be divided into
two classes, one class composed OF
senators from even numbered districts
and the other from odd numbered dis
tricts, and that the determination of
the two classes shall be by lot so that
one-half of the senators, as nearly as
practicable, may be elected biennlel'
ly, and that one class elected in the
year 1910 shall hold their office for
two years, and the other for four
years. Section IS requires re-appor-
tionment of the senatorial districts
commencing with 1895 and every five
years thereafter, and permits it at
other times. The senate of the Sec
ond legislative assembly elected IN
1890 divided that body into two class
es. The senators in the odd mum.
bered districts elected in 1890 held
Office two years and those from the
even numbered districts for four
years. AS originally districted the
senate was composed of 81 senators
81 senatorial districts. In
1901 a reapportionment was made and
the number of senatorial districts in
creased to 40. In 1907 the number
was again increased to AZ.
Held, that the governing principle
Of these provisions of the constitution
is the requirement that the senate
is at all times composed of two class
es of senators, as nearly equal in num-
Der as practicable.
Held, further, that the expiration OF
the term Of senators depends upon the
original classification made in 1891
and that the terms of senators elected
from districts created by re.apportion-
ment and at the same time with those
Of the same class elected from the
old districts, thus making the terms
Of senators from all even districts ex-
pire simultaneously, and those from
all odd numbered districts expire two
years later.
Held further, that the courts have
power to direct the county auditor to,
file the petition of a candidate for
senator and direct the publication of
his name upon ballot to be used
at the primary election.
Held further that section Al of the
which provides that each
louise shall be the Judge Of the elec-
ion returns and qualifications of it's
,wn members, is not infringed upon by
he courts in passing upon the duties
# county auditors in the matter OF
ling petitions for nomination and
printing names upon ballots and that
.nder the circumstances of this case
he omission to join the secretary OF
tate as party defendant was not IA
al to REALTORS right to writ com
handing the auditor to file his petition
I'd print his name upon the primary
allot.
Application for an original writ di.
Getting the auditor Of Mclean county
Q file the petition of the relator and
rint his name upon the publication
alIot for use at the primary elec-
ion Of 1910.
Writ granted.
Hyland and Nuessle and Guy C. H.
orliss, for relator.
J. E. Nelson and Jas. T.. McCulloch
,r defendant.
Opinion of the court by Spalding,
j.. all concurring.
j.. H. Lowry, respondent, VS.. Ferdinand
Piper, appellant
l. Where an order overriding a
lotion for new trial is challenged
olely on the grounds of insuff1ciency
the evidence to justify the verdict
nd that such verdict is against the
w, this court, in reviewing same,
i'll only inquire whether there is
gal evidence of a subs tantial char
,ter supporting the verdict.
2. The fact that one item Of evi.
snce is Of documentary nature
il not take the case out Of the above
lie where such documentary proof is
1t conclusive and there is conflict
g oral testimony supporting the YER
ct. i'A'''' ." |.
8. Evidence examined and held that
ere is legal proof 81 a substantial
laracter supporting the verdict, and,
,nce, it was not an abuse of discre- {
IN to deny defendants motion for a
w trial.
Syllabus by the court.
Appeal from the district court of I
ISIS county, Pollock, J.
Action by A. H. Lowry against Fer
nand Piper.
Appeal from an order denying de- .
ndant's motion for q new tria'. {
Affirmed.
Stambaugh and Fowler, for defend :
It. :
Pierce, Tenneson and Cupler, for re-
nndent.
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