Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1912-10-01
Corrupt practice Act Pre-
vents Donation Of 20.
litlcll Funds
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: No man who 10 candidate
: for office, or elected to office, can +
= contribute one cent to his cam. Z
+ palon fund, and II re does, he 10 =
= subject 70 imprisonment and fine :
+ and expulsion from office. !:
= Such 10 the substance Of the 1:
+ opinion rendered BY Attorney Z:
I: General Miller yesterday re- :.
= 9ardino that part Of the corrupt =
= practices act touching on the +
= subject. =
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Inasmuch as there has been con.
siderable question among the candi.
dates throughout the state, as to
whether they could contribute to their
campaign or. not it was decided to
put the question up to the attorney
general before they paid any assess.
ments to the fund. As is well known
1t has always been the practice for
tho central committee Of each party
to fcvy an assessment OH each can.
didate to assist IN defraying the ex.
penses Of the campaign. Some held
that this could be done still, but the
law seems to be very clear that 20
such practice can be allowed and the
attorney general so decides.
In order that the matter might be
dealt with fairly and squarely the
several candidates hereinafter men.
toned addressed a letter to Attorney
General Miller asking for an opinion
from him on the subject, to which he
replied as follows: .r..
Messrs. Thomas Han, II. J. Taylor,
Carl o. Jorgenson, w. c. Taylor, w.
O.. Gilbreath, Bismarck, N. D. s.,.
Gentlemen: l beg to acknowledge
receipt of your favor under date Of
Sept. 2Sth ! which you request an
opinion from me as to whether or
not, under the provisions of Section
-. Chapter 1879, Laws of 1911, state
officers or candidates for state Offices
may legally contribute. money to tho
republican state central committee
for the state of North Dakota to be
used by them In behalf of the repub.
Hcan state ticket in the coming cleo
ton. r e.
Section 10 Of said act provides as
follows:
"No person shall demand, so.
llcit. ask o. invite any payment
or. contribution for any religious,
political, charitable or other such
cause from person WHO seeks
to be or has been nominated or
elected to any Office; and no such
candidate or elected person shall
make any such payment or con.
tribution If it shall be demanded
or asked during the time he is a
candidate for nomination or cleo,
'tion or an incumbent Of any Of
flee. No payment or contribu.
zion for any purpose shall be
made condition precedent to
the putting Of name on any
caucus or convention ballot or
nominating paper or petition, or
the performance of any duty i'm.
posed by law on a political com.
mittee." "s|
Section u reads: .......-.. 80.
Ally person snail be guilty OF
corrupt practice within the mean
ing OF this act ii lle expends any
money for election purposes con.
trary to the provisions of this
statute, or if he is guilty Of treat d,
ing, undue influence, presentations
or the giving or promising to
give any money or valuable thing
to an clcctor with the intent to
induce him to vote or to refrain
from voting for any candidate for
public Office" ,ar.. ....
Section 10 provides: r.
"rf upon the trial Of any action
or proceeding under the provis.
ions of this act for the contest
ing of the right of any Office, or
to annul or set aside such cleo.
ton, or to remove any person
from his Office, it shall appear
that such person was guilty of
any corrupt practice, illegal act,
or undue influence in or about
such nomination or election he
Z shall be punished by being de.
1oNSiS, l.. t.