Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1913-11-26
THERE Will Be
NO EXTRA SESSION
Continued from rage one.)

Continued from Page One.)
ly the attorney generals opinion and
give to the subject that calm and de-
iiberate judgment that its Importance
demands; and, since vol. have been
quoted publicly as having expressed
the opinion, in accordance with the
attorney general, that If + shall follow
the latter's ruling and place the
names of the successful party nomin-
ees upon the official ballot for the
coming general election, no special
session will be necessary. feel that
perhaps the announcement of my fin
al determination should most appro-
priately be made to you.
The duties of the secretary Of state
in connection with the preparation OF
election ballots are purely minister
ial, and while the performance OF
these duties may call for the exer-
else of discretion and Judgment, they
are in no sense judicial. That officer
should not be called upon to construe
the language of the statutes o deter
mine what they ought to mean, and,
| take it, he should at all times be
justified in accepting the construction
placed upon the laws By the law OH
GERS of the state, SO that, in the mat
ter in hand, ! purpose to accept the
attorney generals opinion as controls
TN H a nd u ,1n1occL srrnyfnnfn6 " NV nrAnT
of court, shall place upon the official
ballot at the fall election of 1914, the
INT Of these candidates for United
States senator who shall have receiv-
ed the highest number of votes of their
respective parties at the June primar-
les.
Il am especially persuaded that this
is the wise and proper coarse for me
to pursue in view Of the great expense
that will necessarily be entailed in
calling together the legislative assem-
bly, in special session for the purpose
Of curing conjectural defects in the
present election laws.
The taxpayers should not be bur-
dened with the cost of a special ses-
sion, nor the Legislative members put
to the Inconvenience and loss of time
that a special session involves, if it
can possibly be avoided. And though
the attorney general has qualified his
opinion by stating that his ruling is
"open to question: and though there
may be a difference of legal opinion
as to its correctness, yet If | can, by
stretching the terms of the law in do
ing scme act. which, while not ex-
pressly authorized is not forbidden by
law, accomplish the result known to
be desired by all, and thus save to the
state the large sums of money neces-
sary to defray the expense of an X
ira session, ! am assured there can
be no just criticism of my acr.
Sat the same time, | appreciate the
fact thoroughly, and l hope the citi-
zens of the state are not unmindful of
it, that this decision of mine may not,
after all, prevent this needless X
pense. For it is entirely possible that
as a result TO the persnal dissatisfac-
ton of a defeated candidate with the
outcome Of the primaries. my action
may be subjected to judicial review
and a decision obtained which will
necessitate not alone the expense Of
a special session but the additional
expense of a special election as well.
But ] am confident that the good sense
and patriotic citizenship Of those gen
tlemen who may become candidates
for the nomination of United States
senator will approve Of this action and
that all such will be pleased to submit
their claims directly to the voters OF
the state according to the method OUT
lined. which, ven If of questionable
legality is at least fair to all parties.
Yours Respectfully,
THOMAS HALL,
Secretary Of State.