Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1910-05-19


ton, a pledge to support the choice
of the voters of the party to wrich
they belong, for United States sena.
tor. and that in case no candidate OF
the party receives forty per cent OF
all the votes cast for United States
senator by the party, then, and IN that
case, he pledges himself the highest
number of votes at the general cleo
ton succeeding such primary elec-
! ton.
This pledge feature of the act was
declared unconstitutional by this court
as contravening the provisions OF
! section 211 Of the state constitution,
in that it was an exaction OF a pledge
from the candidate, inconsistent with
! that section.
State VS.. Blaisdell, 11S, N. w. al.
Although this pledge cannot now
be exacted from q candidate for the
legislature as a prerequisite to filing
a petition under this law, the pro-
vision is here referred to as 1t may
have some bearing on other provisions
/ Of the law relating to the question un'
der consideration.
This brings us to the precise ques.
ton involved on this application, and
all questions involved are to be de-
cided on the application. The ques'
ton is whether the petition OF the
voters to the secretary Of state, re-
questing Judge Engerud to become a
candidate for United States senator,
and his affidavit accompanying the
same, must state what particular
term of said Office he is candidate
for. In another form the question Is,
is the petition, as filed, in compliance
with the statute, inasmuch as 1t only
asks, generally, that he become a can
didate for the Office of United States
senator, without designating the par
ticular term of Office for which he
is to become candidate?
Before considering the primary
election law as bearing on this ques-
ton, it may be stated, as having some
! bearing upon the question, that under
section 3, article Of the U. S. con-
stitution, the senators from each
state are placed in three classes In
that body, so that the terms OF ap-
p-oximately one.third of them, only,
expire at the same time, and that the
senators thereafter remain in these
classes, and that the two senators
from the same state are never placed
| in the same class. AS far as each
state is concerned, the same classifi-
! cation is continued, regardless Of how
ever many vacancies may occur In
these Offices. In consequence of this
! classification, the terms of office OF
! the two senators from each state do
. not ever regularly end at the same
time. Under such classification, as
soon as made, the terms of the two
| senators under an election do not
ever, and can not ever, expire at the
same time. It therefore follows that
the two senators from each state do
not, strictly speaking, fill the same
Office, but distinct and Independent
offices. Although the same so far as
duties are concerned, and in every
other respect, the terms thereof are
not the same, as they do not expire
| at the same time. This fact consti-
tutes them different Offices so far as
the question at issue on this applica-
ton is concerned.
In reference to the question wheth-
er the primary laws applies to the
filling of vacancies in the Office of
United States senator, the attorneys
do not disagree. 1t is conceded that
the law does apply to the filling OF
vacancies where part Of the term
has not expired. This law specifies
for a nomination to that Office "in the
year previous to his election by the
| legislative assembly" The United
States constitution provides for TEN.
porary appointment by the governor
Of the state to fill a vacancy until
the next meeting of the legislature
which shall then fill the vacancy" II
therefore seems clear that the pro
visions of the primary law, consid'
cred In connection with the federal
constitution, includes the matter OF
voting for candidate to fill all va.
cancies in the Office of United States
senator whenever or however such
vacancies may occur. The law, how.
ever, does not specify the procedure
to be followed so far as the contents
Of the petitions, form of ballot and
other matters, in case of an election
when two senators are to be elected
| at the aamo time ia concarnna ror