The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1913-11-26
NO SPECIAL SESSION.
" .a t. ~-. EH 49,. t.
HALL WILL FOLLOW
NILLER'S SUGGESTION
Continued From Page One.


pressed the opinion, in accordance
with the attorney general, that If I
shall follow the latter's ruling and
place the names Of the successful
party nominees upon the official bal
lot for the coming general election, no
Special session will be necessary. /
feel that perhaps the announcement
OF my final determination should most
appropriately be made to you.
The duties of the secretary OF state
in connection with the preparation of
election ballots are purely ministerial,
and while the performance of those
duties may call for the exercise Of
discretion and Judgment, they are III
no sense judicial. That officer should
not be called upon to construe the
language Of h statutes nor determine
what they ought to mean, and. I take
1t, he should at all times be justified
in accepting the construction placed
upon the laws by the law officers of
the state; SO that, in the matter in
and i purpose to accept the attorney
generals opinion as controlling and,
unless prevented by order of court,
shall place upon the official ballot at
the fall election OF 1914, the names of
those candidates for United States
senator who shall have received the
highest number of votes of their re-
spectiVe parties at the June primaries.
/ am especially persuaded that this
Is the wise and proper course for me
to pursue in view Of the great expense
n a Will necessarily be entailed in
calling together the legislative as
sembly in special session for the pur-
pose Of curing conjectural defects in
the present election laws.
The taxpayers should not be burden
| G0 with the PnSf nf q cTnpiaI Snrcian
nor the Legislative members put to the
inconvenience and loss of time that a
special session involves, if it can pos
sibly be avoided. And though the at
torney general has qualified his opin-
ion by stating that his ruling is "open
to question:" and though there may be
a difference to legal opinion as to it's
correctness, yet if I can. by stretching
the terms of the law in doing some
act, which, while not expressly
authorized is not forbidden by law.
a~ccomplishes 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 extra
session, l am assured there can be no
just criticism of my act.
AT the same time, l appreciate the
fact thoroughly, and l hope the citi-
zens of the state are not unmindful
Oh IT, tLat this decision of mine may
not, after all, prevent this needless
expense. For it is entirely possible
that as a result of the personal dis
satisfaction of defeated candidate
with the outcome of the primaries
my action may be subject to judicial
review and a decision obtained which
viii necessitate not alone the expense
OF a special session but the additional
expense OF a special election as well,
sense and patriotic citizenship of those
gentlemen who may become candi-
dates for the nomination of United
states senator will approve of this
actlon n that all such will be pleas
ed to submit their claims directly r.
the voters of the state according. t.
the method outlined, which. even if OF
questionable legality is at least fair
to all parties.
Yours respectfully,
Thomas Hall,
Secretary of State.