The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1913-10-28

highest nuI1DO6P Or VOLeS SHOULD DC
placed on a separate ballot at the fol-
lowing general election and the can
dtdate receiving the highest number
Of votes at such general election
should be declared the nominee of the
party. This section, you are advised,
was amended by chapter 207. LEWIS Of
1911, SO as to read:
THE candidate receiving the high
est number of votes at such primary
election shall be the nominee of his
party for the office of United States
senator at the succeeding session of
the legislative assembly which is to
elect a United States senator"
It follows, therefore, that the 40 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 highest num-
Der Of votes at the primary election
for the office Of United States sena~
tor, is the nominee Of his party. 81!
Second: Neither chapter 109, laws
of 1907, as first enacted, nor as amend
ed by chapter 207, laws or 1911, SON
templated the election Of a United
states senator by direct vote Of the
people. 1t was at all times con-
templated that the nomination re-
ceived by the candidates for the office
of United States senator, whether had
at the June primary election. or at the
following general election, should be
certified to the next legislative assem-
bly, as ar expression Of the peoples
preference for that office but not
binding upon the legislature. Section
70, chapter 109, laws OF 1907, now in
force, requires each county c~anvassing
board to make a separate statement
OF the votes cast for United States
senators, members of congress and
state officers, judges of the supreme
and district courts, and members Of
the legislative assembly, and transmit
the same to the secretary of state.
Section 81 requires the state canvass.
Ing board to prepare a statement to be
filed in the office Of the secretary of
state, containing the names of all
candidates voted for at the primary
election, with the number Of votes re-
ceived by each, and for what office,
political party, prepared separately,
and second, a statement Of the James
Of the persons or candidates of each
political party who are nominated;
and further provides that the secre-
tary OF state, upon completion of the
canvassing, shall mail to each candi-
date a notice of such fact, and that
his name will be put upon the official
ballot, to be voted for at the ensuing
general election, except as otherwise
provided. The language Except as,
otherwise provided" undoubtedly re-
fers, to the office of. United States
senator, for in chapter '207, laws of.
1911, it is provided that the secretary
of state shall certify to the next ses-
sion of the legislative assembly the
name Of the candidate Of each party
nominated for the Office of United
States senator, thus leaving our pres
n statutes governing primary and
general election on the question as to
whether or not some new legislation
Is necessary before the names Of the
candidates 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 following such
nominations, open to question:; but I
am inclined to the belief that the
effect Of the Seventeenth amendment
is to create a new office, to be filled
by direct vote Of the people, and that
the general spirit and intent of u
primary and general election laws will
permit the secretary Of state and other
officers whose duty it is to make up
the general election ballot, to place the
names of the various party nominees
for the office of United States sena-
tor at the June primaries on the
Australian general election ballot, to
be voted at the following general
election.
Third Section g., of article /, CON
stitution of. the United States, before
being amended by the seventeenth
amendment, provided:
IF vacancies happen, by resignation
or otherwise. during the recess of the
legislature Of any state, the executive
thereof may make temporary appoint
ments until the next meeting of the
legislature, which shall hen fill such
Paragraph 2 of the seventeenth
provides that the legisla-
ture Of any state may empower the
executive thereof to make temporary
appointments until the people fill the
vacancy by election, as the legisla-
the language of section 8, prior to its
authorized the governor
to fill vacancies caused by resignation
or otherwise, during the recess of the
legislature, such appointment to last
until the next meeting of the legis-
lature, when the legislature should fill
vacancies; whereas, the language
Of the seventeenth amendment Is that
the legislature may empower the
executive to make temporary appoint
ments until the people fill the vacancy
by election as the legislature may di-
rect. Under the seventeenth amend
ment the legislature must first am
power the executive to make such
appointment, n second,
provide for the election. to, fill such
vacancy at the expiration of the |
appointment. >.s r..s