Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1913-10-28
ATTORNEY GENERAL, GOVERNOR HANNA And
SECRETARY OF STATE ALL make
DECISIONS
still THE QUESTION REMAINS JUST WHERE
IT WAS IN THE first
PLACE
Miller SAYS LEGISLATORS CAN'T bE LlAlEEns
EXECUTIVE PASSIS Tie BALL
TO HALL

electing United States senators. Prior
to the neactment of this amendment
United States senators were elected
by the various state legislatures I'm
der the provisions Of the amendment
this is changed and United States
senator's. must. now>-be4 4elected hy d.
rect vote Of the people.
You evidently had in mind Section
13 Of Chapter 19, Laws Of 1907, pro.
vidirg that party candidates for the
Office Of United States senator, in or
der to be nominated at the June pri.ll-
aries, must receive forty per cent or
more of all the party votes cast for
that office, and providing that II no
party candidate received forty pei
cent or more OF such votes so cast,
then the two candidates receiving the
highest number Of votes should be
placed on separate ballot at the
| following general election and the can
! didate receiving the highest number
of votes at such general lection should
Ae declared the nominee OF the party
| Inis section, you are advised, wa
amended by Chapter 20', Laws 81
| 1911, so as to read:
/ ~ .a.rlle ndidste rsceiy the h;;tySlt
.f6st number of votes at such priinarv
election shall be the nominee of his
Farty for The Office Of Unitads States
senator 1T tha succeeding session Of
he legislative assembly, which Is to
elect United States senator"
It follows, therefore, that the for
tv per cent clause in the primary
election law of this state is not now
in force; that under the law, now
! in force, the candidate receiving the
! hishest number of votes at the prim.
arN election. for the office Of United
States senator, is the nominee 0i lis
! party.
Second Neither Chapter 1O9. Laws
OF 1907, as first enacted, nor as
amcldad b. Chapter 20', Laws OF
1911, contemplated The election OF q
United States senator by direct vote
Of the people. 1t was at all times
contemplated that The nomination re-
ceived by the candidates for the Of
fee of United States senator, whet.l>
or had at the June primary ELECTION
" at the following general election,
should be certified to the next legis.
'ative assembly as all expression OF,
he peoples preference for that office,
out not binding upon the legislature.
Section 20, Chapter 108, Laws of 1907,
now in force, requires each county
canvassing board to make separate
statement OF the votes cast for Unit.
ed States senators, members of con-
gress and state officers, judges Of the
supreme and district courts, and mem,
bers OF the Legislative assembly, and
transmit the same to the secretary
or state. Section q requires the state
canVassing board to prepare state
ment to be filed in the office Of the
secretary e Of state. conf ntainings. the
names OF all candidates voted for at
the primary election, with the nun
Der of votes received by each, and for
what Office, said statement to be
made as to each political party, pre-
pared separately; and second, state.
ment Of the names of the persons
or candidates OF each political party
who are nominated; and further pro
Vldes that the secretary of state, up
on completion of the canvassing.
snail mail to each candidate notice
OF such fact, and that his name will
be put upon the official ballot. to be
voted for at the ensuing general cleo
ton, except as otherwise provided.
The language, except as otherwise
provided" undoubtedly refers to the
office Of United States senator, for.
in Chapter 207, Laws OF 1911, 1t is
provided that the secretary Of state
shall certify to the next session OF
the legislative assembly the name of
the candidate of each party nominat-
ed for the office of the United States
senator, thus leaving our present
statutes, governing primary and gen
eral election on the question as to
whether or not some new legislation
is necessary before the names Of the
candidats for the Office Of United
States senator, nominated at the
June primaries, can be legally placed
upon the Australian general election
ballot at the general election follow
ing such nominations, open to ques-
ton; but am inclined to the belief
that the effect of the Seventeenth
amndment is to create q new offic, to
he filed by direct vote Of the people,
Continued on page I,