Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1910-03-12
.SECRETARY'S CLERK HAS 4
AHAR|DI NUT TO CRACK
TROUBLE STACKING REGARD TO PREPARATIONS OF
PRIMARY BALLOT PREME COURT DECISION SEEMS
TO MIX THINGS MAY CUT in THE COMING ELEc-
TON SENATORS. %%%<5~

The followingsaetter written to Sec
rotary of State Blaisden by Chief
Clerk Peter Roth, shows that the way
to the preparation of the primary bal
lots is not to be path of roses and
that there are numper Of questions
to be settled before the matter has
been satisfactorily worked out.
g March 9, 1910
Hon. Alfred Blaisdell, Secretary OF
State, Bismarck, N, ID. -
Sir: Before preparing the notice to
be mailed by this department to the
various county auditors of this state
in accordance with section 16, chapter
100, laws of. 1907 primary Election
Law, Respectfully call your atten-
ton to the fact that on account Of
the untimely death of Hon. NJ. N.
Johnson, there are two places to be
filled for the office of United States
senator, however, cam find no pro-
vision made In the primary election
law for the nomination of two United
States senators, nothing being con-
tanned in said Law directly providing
how a vacancy OF this kind shall be
filled. If you are of the opinion that
the people shall select two candidates
for each party at the next primary
election, In which case the voters
will be instructed to vote for two can
dtdates instead Of one, 1 beg to call
your attention to the fact that the two
candidates of each party receiving the
highest number of votes cast at such
primary election are the respective
nominees and will not be voted on
again at the general election held in
November.
Our supreme court, in the decision
rendered in the case of the State of
North Dakota ex rel. Purcell VS.. An
derson, held that where more than one
Office of the same name Is to be filled
the thirty per cent requirement does
not apply This, in my opinion, will
also apply to the forty per cent clause
should the people vote for two can
didates for United States senator.
The following is an exact copy OF
the above mentioned supreme court
decision:
/. Section IL chapter 100, laws of
1907, it being the Primary Election
Law, reads: ..o,.
~. Percentage Of Votes Required
for Nomination.) II the the total vote
cast for any party candidate or can
didates for any office for which NOM
inlations are herein provided for shall
equal less than thirty per cent Of. the
total number Of votes cast for secre-
tary of state Of the political party. he
or they represented at the last gener-
al election, no nomination shall be
made in that party for such Office, but
If thirty per cent or more Of such vote
is cast and there is more than one
candidate for any such ONCE, the per-
son receiving the highest number of
votes shall be declared the nominee OIL
such party for such Office; provided,
further, 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 nominee of the
party for such Office"
HELD. that the proviso limits the
application Of the thirty per cent rule,
construed in State ex rel. Montgomery
VS.. Anderson, for candidates for nom
ination to Offices of which there is not
more than one of the same name to be
filled at the succeeding election.
than one Office of the same name
within the same territory or sub-di-
vision is to be filled, candidates for
to the number to be nom-
mated, receiving the highest number
of votes of the party, which they rep
resent, are the nominees of such
party. T.. /
(Syllabus By the court.)
This Is an appeal from an order
sustaining demurrer 10 the allega-
tions OF an alternative writ of man
damus granted by the district court
of Grand Forks county upon the pc
tition of the appellant, commanding
the auditor Of said county in his Of
fbcial capacity to recognize and treat
the relatOr therein rs being a duly
office OF county justice of the place
of Grand Forks county, or show cause,
etc. -
In the opinion this day, fled in the
case Of State ex rel. Montgomery, VS..
Anderson as county auditor, we have
held that the thirty per cent provision
in section l of chapter 100, laws of
1907, known as the primary election
law, is valid. This proceeding istin-
tended to test the meaning and valid
ity of clause 3, being a proviso of said
election. The whole section reads as
follows:
IT the total vote cast for any party
candidate or candidates for any once
for which nominations are herein pro-
Xided for shall equal less than thirty
per cent of the total number of v6tes
cast for secretary of state of the 20
litical party, he or they represented at
the last general election, no nomina-
ton shall be made in that party for
such Office, but II thirty per cent or
mOro Of allf.h vote ia <.ast and there