Devils Lake inter-ocean. (Devils Lake, N.D.) 1909-1915, 1913-10-31
No Z xtra Session
Necess sary IS the
Opinion Of Miller
LETTER TO GOVERNOR HANNA
SETS FORTH THE RE
{ S q \ QUiREM ENTS.

QuiREM ENTs.
In a letter of Attorney General Mill +
Ter to Governor Hanna this week the
textra session controversy which has 3
called forth considerable comment is
fully explained. The letter follows
|5 October 26th. 1919.
Hon. IL. B.. Hanna, Governor, n.
+. Bismarck, North Dakota.
4 Dear Sir: In your letter under date
/ OF August 18th you request an opin-
1 ion from me on the following ques-
tions:: :s5: :tg y, SIS ss}ss
| SIn view of the seventeenth
1 amend ndment to the federal constita-
/ ton, now in effect. will isg$be neces-s
1 sary to abrogate the forty per cent
aclause in the primary election law of
i this state SO that candidates for the
1 office Of United States senator shall
/ be nominated al the primary elections
by a plurality vote, the same as cam
i Edidates for state office
4 ;@5g(2) Will it be necessary 70 amend
the laws Of this state governing gem
4 eral elections in order to permit tbs
i election OF United States senators at
The general election .=
4 (3) In the event OF a vacancy IN
ithe office of United t,sttes senator in
this state, c@Gstl by the death or
4 resignation of # /. senator before his
4 term. OF office shall have expired, mas
81 tie governor authority under the
Il the next gernral election fullnMing.
4 such appointment, or must there first
Il be some new legislation authorizing.
1.-The governor to make such appeant=
q ment !? Il; IA 55
AS governor of the state. If l
e lshould convene the legislature in ex-
I: y ira session. have 1 the power to limit
h the Legislature as to the subjects It
may legislate
4 First. The seYente zenith am q end dment IN it
1 10 sthe cansti tuition is as foil loWs: l3
!, he senate of the; United States
s3 shall (be composed Of two senators ,r's
OH Zach state, Ell eeteds the peos
pIe thereof for six years; and d i each
q Eseaaf or shall have one vote The the
electors in each state shall have the q e
& quail iflcations requisite for the elecS LEG
ltors Of the most mum erous branch CT
the state legislatures.
is igs 4Wllen vacancies happen IN fhe me
n l.repres sentation OF any state IN IS tile tiilees
a ise1fate & the executive authority OF such ul
s&E states shall issue writs Of election to
zz fill such vacancies. Provided, that the the
& Legislature Of any state may empower EN- wei,
2. 2 lthe executive thereof to make tenn m
norary appoi intments until the people
5 I'LL the vacancy by election as as tiie slpes
ilegislature may direct. ssSsS
III @ .s1yhis aanendm ment shall not be SO
n construed as to affect the. election $s on
B. farm 81 any senator chosen before =
d1Shecomes valid as a part of the constit lsti
nj tuition. !,
e., The provisions of this anne ndlneht ltEl ss1gt
of9E change the old order and mefhod 90 @
electing limited States senators i'a5te'l's 8
reJl prior to the enactment of this amend
,f ment United States senators n n were e
I. elected by the various state legisllas IA
81 tnres. Under the provisions of tle nt
s5 amendment this is changed and an Unit sfl,1'I
Is led states senators must now be elect ea-
,t q "a 5;fhv direct vote of the people.
u, Us M t You evidently had in mind Sector
81 8 Of Chapter avs of l9o7 "
fproyii l ling that party candi idates TO
ii THE office of United States senator, y
n order to be nominated at the Jun ,l1 q
] inrin1aries. must receive forksy Pc
al eent OF more Of all the party yote'
y cast for that office. and providing tina fl
al. ii no party candidate received fort 'l'ls
IL per cent or more OF such votes so cas- is'
then the two candi dates receiving GA
rs II highest number Of votes should ~
81 placed on a separate ballot af the s fo
ut tlowing general election and the cas s;ss'
IA didate receiving the highest numne Ete
lof votes at such genera 81 8 electro
should be declared the nornin lre s Of 20
;Ta party. This section YOU are advises fs
Was anended by 20 O. law l'ss
iS55t of q 9l {, SO as TO rea s3Ssg5
ME candidate receiy the higf
.s est number off votes At such priinaT
s &c telection shall he the nominee nf hi
u, y. ! party Ton the offfiiee of Jnited State
g g senator 1T me succee eefing session Z
II, the Legislative asselrlhl svfsach ls y
q. elect 81 United States sellat tor ''
5l follows. ore, hat the fort
q. !. Ipsr ena clause mary eiss
as ion law pf this ncW /
W " force; tlrat, under the lay now /
Il. "a force the eantli receiyi s ~
1 s,3 highest mum her otee at he I'l'
mary eleeiion, for nf mite {
..s j state is Iiosniiaee of 81
'ontiasae cts nAge M