The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1914-02-19
SENATORIAL
QUESTION
Continued From Page One.
ed in the same as the votes
cast for state officers"

Continued From Page One.
ed in the same names as the votes
cast for state officers"
1911 Laws Repealed.
Chapter 222 Of the laws of 1913 aex-
pressly repeal chapter PIP of the laws
Of 1911 which provide for a second
choice vote, and it was probable
therefore that this was thought to
10 Of chapter 100 Of the laws of 1907,
which required, in the circumstances
therein set forth, the names of two
candidates to be placed upon the bal
lot.
This cannot be true, however, be-
cause chapter 207 of the laws Of 1911
expressly providing that the candidate
receiving the highest number of votes
at the primary election shall be the
nominee Of the party for the office of
United States senator was not repeal
ed or amended or at all affected by
chapter 222 Of the laws Of 1913, which
disposed of the second choice vote.
Neither did the legislative session Of
1913 in any ann attempt, SO far as
it can at this time be discovered, to
change, modify, amend or&repeal the
provisions of chapter 207 of the laws
of 1911. If that be true, hen the par
ty candidate for United States sena-
tor who receives the highest number
of votes at the primary election is the
candidate of the party, n there Is no
law either requiring or permitting the
secretary of state to put the names Of
two candidates upon the ballot.
While no particular election machin-
cry has been provided by the legis-
lature with respect to the nomination
and election of United States senators
since the adoption of the seventeenth
amendment to the constitution Of the
United States, yet that office has been
the subject of legislation as to primary
elections to the extent that it must be
held to have been the intent Of the
legislature to have candidates for such
Office selected by a vote Of the people,
and in the absence Of any particular
mode, the same method should be fol-
lowed as in the case Of state officers.
This eminent Fargo attorney is in
clined to believe. therefore, that the
statement that the secretary of state
must place the names on the ballot Of
the two candidates of each party re-
ceiving the highest vote is not advis-
eddy made, and if SO, then the ques-
ton Of a vacancy cannot arise.
In any event, congress is the sole
n exclusive judge Of the qualif1ca-
ions Of it's own members, and a mem
Der elected as herein stated would un-
doubtedly be seated.
No Election Hitch.
According to this opinion, which
seems to go into the matter to the very
bottom and explain away every ques-
ton that may arise on this point, 1t
would seem there will be no hitch at
all in the election Of a United States
senator to succeed Senator Gronna
this year.
This will leave the field entirely
open and clear to the senator, to
President Worst, Attorney General
Miller and n others who may be in
the race. ...
The advlces from Bismarck that
mention the raising of this question,
have given other cases wherein Ger
tain contingencies have risen in South
Dakota about congressional elections.
One citation is Of a. decision of the
South Dakota supreme court wherein
it held that the secretary of state held
must comply with the statute relating
to nominations and the placing of
names on ballots and cannot arbl-
trarily pass on the qualifications OF
candidates, and exclude any candidate
who had conformed with the law re-
lating to having his name On the
ballot. ~.
In the South Dakota case Judge NC
Nulty resigned to become a candidate
for congress and the secretary of state
refused to put his name on the ballot
holding the judge had no right to be-
come a candidate for any other office
during the term for which he was
elected judge. The court held that the
secretary of state must put his name
on the ballot and let the court pass
on the qualification Of the candidate.
Law Makes IL Clear.
Regarding this possibility, in the
opinion Of one of Fargo's best legal
authorities, the duty Of the secretary
Of state is clear by the above quoted
North Dakota statutes SO that the
statement that he is compelled to
place the two o n the fall ballot
is not advisedly made and the question
Of any such vacancy cannot arise.
Insofar as the secretary of states
following this plan, al las been re-
ported he will, it would not be for the
courts to decide the qualification of
the candidates, as would be the infer
ence from the South Dakota cas cit
ed, but congress Is the sole and exclu-
sive judge Of the qualifications Of its
own members, and as given in the
| opinion of a well known Fargo attor-
ney, a member so elected would un-
| doubtedly be seated.
So Senate Gronna, President Worst
and Attorney General Miller would
seem to have a perfectly clear field.
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