The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1910-09-15
SOCIALIST TICKET
NOT ON BALLOT
SUPREME COURT DECIDES NO
PARTY CAN BE REPRESENTED
ON STATE TICKET WITH LESS
THAN s PER CENT VOTE FOR
GOVERNOR.

Through Justice j. Spalding of
the supreme court of North Dakota,
La decision is handed down from that
body which intimates that the court
will not decide grave constitutional
questions raised by applicants for
writs, except in cases when the cir
cumstances are such that a decision
is imperative and the application
could not readily have been made
earlier. In the case of the state of
North Dakota, ex rel Arthur Hagen
dorf, ct al, versus Alfred Blaisdell. as
| secretary of state of North Dakota
such an opinion was voiced
/ The case was the one sent to the
supreme court by the socialists of the
state In an effort to get their party
on the primary ballot. The court held
| that 1t was impossible for a party to
have representation on the primary
ballot where there has not been per
cent of the vote cast for governor by
that party at the preceding election
This was practically all the social
lists expected in the test case started
last spring. The course laid out for
them is to get their candidates
names, on the general election ballot
by petition and they will go on simply
as individual candidates and not be
Identified with any party name nor in
partisan column in a similar man
ner to the republican and democratic
tickets.
Following is the decision OF. the
court:
In the supreme court, state of North
Dakota, April, 1910, term State of
North Dakota, ex rel, Arthur Hagen |
dorf, ct al, plaintiff VS.. Alfred Blais- |
dell, as secretary of state of the state |
Of North Dakota, defendant
l. This court will not decide grave |
constitutional questions, raised by |
original applications for writs, which |
must be acted upon summarily. except |
In instances when the circumstances |
are such that a decision is imperative |
and the application could not readily |
have been made earlier
2. Chapter 109 laws of 1907, known |
as the primary election law, is not in
tended to provide for and regulate the
nomination of candidates who do not
stand for or represent political prin-
ciple or party, 1T being intended only
to regulate party nominations.
8. Section SOL, r. c. 1890, provid-
ing for nominations by petition and
the placing of the names of candi-
dates so nominated upon Australian
ballot for use at the general election,
Is still in force and provides a method
persons may be nominated as
candidates for state and congressional
officers as representing a collection of
individuals too few in number to be Il
entitled to party ballot at the pri-
mary or a separate column on the
ballot at the general election.
4. Section sol, supra, makes GER
tain requirements of parties nominal
ed by petition to entitle them to have
their names placed upon the Austria
Ian ballot and, among others, that II
the ballot and, among others, that
ton shall state, in not more than
1--WE words, the party or principle which /
he candidate represents.
Held: That this party designation /
should appear after the candidates 1
lame as printed on the Australian
ballot
5. Neither chapter 109 laws of
1907, nor section 10 thereof supra,
which reads: Amy citizen. otherwise ,
eligible by law, affiliated with or re-
the principles enumerated
n the national platform of the follow
ng parties, are eligible to nomination
lnder this act; the republican, the
democratic party. or any party desig-
lation. that casts per cent of the
rotes cast for governor at the last
General election, and 1t shall be un- t
awful for any person to call for or h
,ote a ballot at the primary election c
herein provided for, except a ballot c
representing the party or principles 1
With which he affiliates. x X" is b
Invalid as furnishing no method by
which new parties may secure the
printing of party ballots for use at
he primary election, in as much as I
party represented by candidates d
whose names have appeared in the d
Individual column, followed by the T
'arty designation on the Australian a
'allot used at the general election and L
vho have received per cent of the v
'otes cast for governor, Is entitled II
0 a. separate ballot at the next pri-
nary election. b
6. Held: The legislature has with Tx
n reasonable limits, the power to de- Ii
ernine how many votes acting to- 8
ether for the purpose OF making b
nominations, shall be entitled to D
arty ballot and that the provision d
bove quoted providing only for the D
rinting of ballots for parties casting
per cent of the votes cast for gov
rnor at the next preceding general q
lection, Is q reasonable regulation of =
n election held to make party nomi- q
ations. :.
Original application for a writ of j
landamus :
Application denied. r !,
Arthur LeSueur for REALTORS. n
Opinion of the court by Spalding, =
all concurring. I,