The Washburn leader. [volume] (Washburn, McLean County, N.D.) 1890-1986, 1913-12-12
No Special Ses-
sion Of Legislature
Secretary of State Hall An
nounces Decision on the Mat
ter of Printing Ballots

Bismarck, N. D., Nov. 25.-
Hon. Thomas Hall, secretary OF
state, issued the following letter,
addressed to Gov. j.. B. Hanna,
with relation to the placing Of
the names of candidates for
United Stats Senator upon the
ballot at the next general election
Hon. L. B. Hanna, Governor,
Bismarck, N. D..
Dear Sir:-On October 9th,
1913, Attorney General Miller
rendered to you his opinion hold
ing that, under the election laws
as they now exist, the Secretary
Of State is authorized and en-
powered to place upon the officia
ballot at the fall election, as can
didate for the office Of United
States Senator, the names Of
those candidates Of the various
parties receiving the highest
number of votes at the June
Primaries, and hence, that a
Special Session Of the Legisla-
ture will not be necessary for
the purpose Of carrying out the
provisions Of the 18th Amend
ment to the Federal Constitu-
tion, recently adopted, providing
for and requiring the election OF
United States Senators by popu-
lar vote.
Since the publication Of Mr..
Miller's opinion the. public press
has demanded Of me to know
what action i purpose to take
in the matter and have inten-
tionally delayed making a public
and definite statement Of my po-
sition until could consider ma
turely the Attorney Generals
opinion and give to the subject
that calm and deliberate judg-
ment that it's Importance demand
and since you have been quoted
publicly as having expressed the
opinion, in accordance with the
Attorney General, that if l shall
follow the latter's ruling and
place the names of the success
full party nominees upon the Of
ficial ballot for the. coming gen.
eral election, no special session
will be necessary. l 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 pre-
paration Of election ballots are
purely ministerial, and while the
performance Of those may call
for the exercise Of discretion and
Judgment, they are in no sense
judicial. That officer should
not be called upon to construe
the language Of the statutes nor
determine what they ought to
mean, and | take it he should
at all times be justified in accept
ing the construction placed upon
the laws by the law officers OF
the state; SO that, in the matter
in hand, | 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 State
Senator who shall have received
the highest number Of votes OF
their respective parties at the
june Primaries. #
The taxpayers should not be
burdened with the cost OF speci
al session, nor the legislative
members put to the inconvenien-
ce and loss Of time that special
session involves, if it can possib-
" be avoided. And though the
Attorney General has qualified
his opinion by stating that his
ruling is open to question, as
there may be a difference Of
legal opinion as to it's correct
ness, yet il / can, by stretching
the terms Of the law in doing
some act, which while not ex-