Jamestown weekly alert. [volume] (Jamestown, Stutsman County, D.T. [N.D.]) 1882-1925, 1913-10-30
NO SPECIAL SESSION
HELD NECESSARY
ATTY, GEN. MILLER DECLARES
SEC. OF STATE CAN PLACE
NAMES ON BALLOTS WITH
OUT SPECIAL SESSION.

Bismarck, Oct. 27.-Atty. Gen.
Andrew Miller has rendered an opin-
ion to Gov. l.. B. Hanna, which, If
followed by him, will render unnec-
essary special session of the legis-
lature to put into force the seven
teenth amendment to the constitu-
tion of the United States providing
for direct election of United States
senator's by the people.
He holds that the secretary of state
may place the names on the ballots
and that he is permitted to do 80
within the intent and spirit of the
law.
1t is generally believed here that
Governor Hanna will gladly act upon
the advice of General Miller, and
that there will be no special session
of the legislature.
In this opinion, rendered at the re-
quest of Governor Hanna, General
Miller holds that the so-called $40
per cent clause" of the state primary
law, requiring that any candidate
for the nomination for United States
senator of the June primaries who
does not secure 40 per cent of the
total vote cast must go on the ballot
at the general election in November,
was repealed by chapter 207 of the
1911 session laws.
He holds that this being true, that
the general intent and spirit of the
election Laws of the state are broad
and flexible enough to warrant the
secretary of state and other election
officials in placing the candidates
for United States senator on the elec-
tion ballots in November, while he
believes the laws as they now stand
warrant the officials in taking such
steps. He does not contend that the
law is necessarily mandatory, Ill
though he is 1nclined to the belief
that such officials could be compell-
ed by the courts to so construe their
duties.
It seems very improbable that any
question will be raised relative to
the matter, as the laws are ample to
warrant the nomination and election
of United States senators as they
stand.
General Miller also held that If a
special session was called. that. it
would not be limited to any subject
or group of subjects by the governor.
He also held that under the sew
enteenth amendment to the consti-
tuition of the United States, that un-
less the legislature expressly author
lied the governor by formal enact
ment, he has no authority to appoint
United States senator. This means
that unless a senator is elected next
year: that this state must go with
but one senator until 1917,unless a
special session is held after the 1915
legislative assembly.
Gov. Hanna's Statement.
The attorney general of the state
has rendered an opinion with refer
enoe to the primary and general
election laws of the state as they
apply to the nomination and election
of United States senator's, and their
application to the seventeenth
amendment of the federal consti-
tuition, which provides that United
States senators shall be elected by
direct vote of the people.
If the secretary Of state will fol-
low the attorney generals opinion
and will place the names of the can
didates Of the different parties, who
shall receive the highest vote for the
United States senate at the primary
election to be held next June, upon
the general election ballot for the
general election to be held next fall.
the calling of a special session Of the
legislature will not be necessary.
Thomas Hall, secretary Of state,
when asked what he will do as to
placing of names Of the successful
nominees for United States senator
at the June primary upon the general
election ballot to be held In the fall,
said: 1.-The duties Of the secretary
of state are purely ministerial, not
judicial In any sense. will be
guided solely by the laws governing
the primary and general elections"
He has not seen the opinion Of the
attorney general until this afternoon
and has not had sufficient time In
which to study the several PROPOSE
tons presented.
However, from q cursory reading
Of the decision, Secretary Hall notic-
Cd that the attorney general holds
that the subject il "open to ques-