The Oakes times. [volume] (Oakes, N.D.) 1906-current, 1913-12-04
NO EXTRA SESSION
SAYS SECRETARY HALL

Bismarck, N. D., Nov: 25-Thomas
Hall, Secretary of State, issued today
the following letter, addressed to Gov
ernor l.. B. Hanna, with relation to the
placing of the names of candidates
for United States senator upon the
ballot at the next general election:
Hon. L. B. Hanna, Governor, Bis
marck, N. D. Dear Sir: On October
27, 1913, Attorney General Miller rem
dered to you his opinion holding that,
under the election laws as they now
exist, the Secretary of State is author
lied and empowered to place upon the
official ballot at the fall election, rs
candidates for the office of United
States senator, the names of those
candidates of the various parties re-
ceiving the highest number of votes at
the June primaries, and hence, that a
special session of the legislature will
not be necessary for the purpose OF
carrying out the provisions of the 17th
Amendment to the Federal Constitu-
tion, recently adopted, providing for
the election of United States senators
by popular vote.
Since the publication of Mr.. Miller's
opinion the public press has demanded
of me to know what action purpose
to take in the matter, and have in
tentionally delayed making a public
and definite statement of my position
until I could consider the Attorney
Generals opinion maturely and give to
the subject that calm and deliberate
judgment that it's Importance demands
and, since you have been quoted pub
licly as having expressed the opinion,
in accordance with the Attorney Cen
eral, that if l shall follow the latter's
ruling and place the names of the sue
cessful party nominees upon the Off
cial ballot for the coming general cleo
tion, no special session will be neces-
sary. 1 feel that perhaps the an
nouncement of my final determination
should most appropriately be made to
you.
The duties Of the Secretary of State
in the connection with the preparation
of election ballots are purely minister.
ial, and while the performance of.thoss
duties may call for the exercise of dis.
cretion and judgment, they are in nc
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 ac-
cepting 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 Gen
erals opinion as conrolling 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 respective
parties at the June primaries.
I am especially persuaded that this
is the wise and proper course for me
to pursue in view of the great expense
calling together the Legislative Assem-
bly, in special session for the purpose
of curing conjectural defects in the
present election laws.
The taxpayers should not be bur-
dened with the cost of special ses-
sion, nor the legislative members put
to the inconvenience and loss of time
that special session involves, if it
can possibly be avoided. And though
the Attorney General has qualified his
opinion by stating that his ruling is
"open to question, "and though there
may be difference of legal opinion as
to its correctness, yet if I can, by
stretching the terms of the law in do
ing some act, which, while not ex-
pressly authorized, is not forbidden by
law, accomplishes the result known to
be desired by all, and thus save to tie
state the large sums of money neces-
sary to defray the expense of an extra
session, am assured there can be no
just criticism of my act.
At the same time I appreciate the
fact thoroughly, and hope the citi-
zens of the state are not unmindful of
it, that this decision of mine may not,
after all, prevent this needless ex-
pense. For it is entirely possible that