Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1913-10-28

VIII there be special session OF
the legislature to settle the senatorial
tansle?
This is the proposition that IS both,
ering the :nost learned politicians ana
more so since yesterday, when three
state officials went on record on the
advisability of the session, and all
without saying a word that would
commit themselves.
Andrew Miller, attorney general OF
he state. started the fireworks, when
he replied to Governor Hanna's letter
ruuesting an opinion on the legal tan
gle OF getting the names of the can
didates on the ballot at the fall cleo
lion. He advised the governor that
he could mot limit the work OF the
legislature to any certain measures.
On receipt of the opinion of the at
torney general, Governor Hanna came
with a statement that it was not nee
ossary to have special session II
the secretary Of state would follow
he opinion Of the attorney general
This put the. matter up to Thomas
Hall, secretary OF state.
Mr. Hall declares he will follow the
J>ayt ,ete, general ff,ti tts sithoat sss
| ing what the 1aw is. This all leaycs
the tangle where il was before the
opinion of the attorney genera! was
| rendred. t
Since The adjourning of the last ses
sion of the legislature, the seven
teentn amendment to the fedral con
stitution, providing for tn lection OF
the United States senators by direct
vote of the people has gene into ef'
feet, laVing his state in peculiar
situation regarding the legality OF
placing the names of candidates re
oeiving the highest votes at the prim
aries on the ballot for the fall elec
ton.
The opinion of Mr.. Miller follows
Hon. l.. 3. Hanna, Governor,
Bismarck, N. D.
Dear Sir:
In your letter under date Of August
10th you request an opinion from me
on the following questions:
1) In view Of the Seventeenth
amendment to the Federal COnstitu
ton, now in effect, will it be neces.
sary to abrogate the forty per cent
clause in the primary election law OF
this state so that candidates for the
office of United States senator shall
be nominated at the primary elections
by a plurality vote, the same as can
dldateS for state offices?
(2) Will it be necessary to amend
the laws of this state governing gen,
eral elections in order to permit the
election OF United States senators at
the general election? : 1&&s&3$E@ -
(3) In the event of vacancy in
in this state, caused by the death or
resignation of a senator before his
term of Office shall have expired;' has
the Governor authority, under the
present law, to fill such vacancy un>
til the next general election following
such appointment, or must there first
be some new legislation authorizing
the governor to make such appoint
nent?
(4) AS Governor Of the state, il
| should convene the legislature in
extra session, have I the power to linn
it the legislature as to the subjects
on which it may legisIate?
First: The Seventeenth amend
nent to the Constitution is as fol-
lows: .....
"The Senate of the United States
shall be composed Of two senators
from each state, elected by the people
thereof for six yars; and each SEN
ator shall have one vote. The elect
ors in each state shall have the quail
tications requisite for the electors of
the most numerous branch OF the
state legislature.
When vacancies happen in the rep>
resentation of any state in the Sem
ate, the executive authority of such
state shall issue writs of election to
fill such vacancies: Provided, That
the legislature of any state may en-
power the executive thereof to make
temporary appointments until the peo-
pie fill the vacancy by election as
the legislature may direct.
This amendment shall not be so
construed as to affect the election or
term Of any senator chosen before it
becomes valid as part Of the Con
stitution."
The provisions of this amendment
change the old order and method Of