The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1910-09-16
ANOTHER PRIMARY
MATTER DECIDED
SUPREME COURT DEcIDEs IN
FAVOR OF JOHN F. WILLIAMS
IN PRIMARY ELECTION MAT
TER IN MCLEAN COUNTY IN
CASE OF MUCH INTEREST.

The North Dakota supreme court
has handed down decision in the
primary election case of John e. Will
liams against Paul S. Meyer. county
auditor of Mclean county The case
before that body was an application
for an original writ directing the audi
tor of Mclean county to file petition OF
plaintiff and print his name upon the
publication ballot for use at the pri-
mary election of 1910.
The syllabus of the court follows:
In the supreme court state of
North Dakota, April term, 1910. State
of North Dakota, ex rel, John E. Will
liam, plaintiff, Paul S. Meyer, as
county auditor of Mclean county, de-
PENDANT. North Dakota.
1 Section 81, of the constitution
fixes the term of state senators at
four years, except as hereinafter pro-
vided." Section 80 authorizes the
legislative 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 senat ors, as nearly
as practicable, may be. elected bien-
nially, and that one class elected in
the year 1890 shall hold their office
for two years and the other for four
years. Section 80 requires a reap
lportionment of the senatorial districts
commencing with 1895 and every Ave
years thereafter, and permits it at
other times, The senate Of the sec
ond legislative assembly elected in
1890 divided that body into two classes.
The senators in the odd numbered
! districts elected in 1890 held office
two years and those from the even
numbered districts for four years. AS
original districted the senate was
composed of thirty-one senators re-
presenting thirty-one senatorial dis
tricts. In 1901 a reapportionment was
made and the number of senatorial
districts increased to forty. In 1907
the number was again increased to
/ forty seven.
| Held: That the governing principle
| OF these provisions of the constitu-
ton Is the requirement that the SEN
ate be at all times composed of two
classes of senators, as nearly equal
In number 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 reapportion-
ment and at the same time with those
! of the same class elected from the
old districts, this making the terms
of senator's from all even number
led districts expire simultaneously, and
those from the all odd numbered dis
tricts 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 AZ. of
the constitution which provides that
each house shall be the judge of the
election returns and qualifications of
dts own members, Is not dnfringed
upon by the courts in passing upon
the duties of county auditors in the
matter OF filing petitions for nomina-
ton and printing names upon bal
lots and that under the circumstances
/ of this case the omission to join the
secretary of state as party de-
PENDANT was not fatal to realtors
right to writ commanding the audi
tor to. file his petition and print his
name upon the primary ballot
Application for an original writ
directing the auditor Of Mclean coun-
ty to file the petition of the relator
and print his name upon the publica-
tion ballot for use at the primary
election of 1870
Writ granted
Ryland G Nuessle and Guy C. III.
tCorliss for relator
J. 2. Nelson and Jas. r Mcculloch,
for defendant
Opinion Of the court by spalding.
H., all concurring.