Golden Valley chronicle. (Beach, Billings County, N.D.) 1905-1916, 1913-07-18
Hanna May Call
Extra Session
The Last Legislature Committed
An Error in Not Anticipating
the Ratification Of the Amend
ment to the United States Con-
stitution and Making Provision
for the Next Election of Sen-
ators.

Bismarck, N. D., July l5.-
Whether or not it will be neces-
sary for Gov. Hanna to call an
extra session of the legislature to
settle on the next candidate for
United States senator is ques-
ton that is puzzling statesmen of
North Dakota.
A year from next November
the people of this state will by
their direct votes, choose the per-
son who is to represent them in
the United States senate for the six
year term beginning March 4,
1915.
The senator whose term will
expire at that time is Hon. A. ].
Gronna. who was elected by the
legislature of 1911 to fill the va
cancy caused by the death of the
late Martin N. Johnson.
1t will be remembered that on
the death of Mr.. johnson, Gov
ernor Burke appointed Fountain
L. Thompson of Cando to serve
as senator until the legislature
should take action and upon the
resignation of Mr.. Thompson, w.
E. Purchell of Wahpeton was sell
ected for the position.
In the meantime MIR. Gronna
had been nominated for the SEN
ate by the republicans at the pri-
maries of June, 1910. and that
nomination was rati6ed by his
election in the legislature of 1911.
Senator McCumber was also re-
elected at the same time for the
full term, ending March 4, 1917.
Conflict of Law.
The constitutional amendment
which has been ratified by suffi-
cient number Of states provides
that hereafter United States sena-
tors shall be elected by the votes
of the several states. instead of
by the legislatures. This, of
course, will bring to an end the
legislative elections.
The last flickertail legislature,
undoubtedly committed an over
sight in not anticipating the rati-
fcation of the direct elections
amendment, and making provis-
ions for action under its terms, as
there is a conflict between the
state and federal law on the sub
iect and both cannot be follow
ed.
The opinion has been express
ed than an extra session OF the
leeis.ature will y. ;lec!ed 10 cor
rect this, and to n:oke a s.ate law
that will conform, to the tc'nas OF
the federal COVE. .rmcnt.
This is not ne:essaril5; the case.
a, :. is within tn, power OF con
sress to prescribe such rules as
ma; be necessary for carrying
OF. the spirit of the amendment
Even failing ac.i "a by congress
.t.c.@ appears to be no reason why
the federal law should not oper-
ate.
In making preparations for any
election many things are neces-
sarily left to the discretion of the
administrative officers. Where
the law makes specific provisions
the law must be followed.
Where it does not, the proper
officers must takes such steps as
may be necessary to carry out
its spirit. In the present case two
methods Of electing senators are
provided, one in the state law
and the other in the national con-
stitution.
Then it appears it would re-
quire the preparation of ballots
for the nomination of party can
didates for the senate at the pro-
mary of next June. and the plac-
ing of the names of those candi-
dates on the general election bal
lots for the fall election, to be vot-
ed on by the general electorate,
lust as the state and congressional
candidates are voted for now.
Still further the senate is the
Judge Of the qualifications of it's
own members, and if man goes
from the state of North Dakota
and claims his seat in the senate
on the strength of an election ac-
cording o the plan above suggest
ed, there can be no doubt that
he.would be seated as having been
regularly elected.
Two Men Considered.
Although the election is over a
year distant. some interest is be-
ing shown in possible candidates.
Senator Gronna, it is taken for
granted. will be candidate to
succeed himself.
In his campaign Of the past he
has shown a vote getting power