Devils Lake world. (Devils Lake, N.D.) 1914-1915, 1914-09-17
BULL M00SERS
TO Be ON TICKET

Secretary of State Hall will certify
the names of the bull moose candi-
dates to the ballot this fall, and they
will have their w column.
This is his decision, since he has
received an opinion from the Office of
the attorney general regarding the Is
per cent law.
In 1907 the legislature passed an
act requiring a candidate, in order to
get on the ballot, to receive 80 per
cent of the votes cast for governor,
secretary of state and attorney gen.
eral at the election previous. The
constitutionality of this law was
questioned and the supreme court
held it void. The legislature at it's
last session passed an amendment to
the law, making it read rs per cent
inasnuch as it was claimed that 80
per cent was too high.
Now the attorney general holds
that inasmuch as the law which was
amended was invalid, the simple fact
that the legislature amended it does
not bring it to life. In fact, tire is
no law on the subject and Mr.. Zuger
who gives the opinion, advises Mr..
Hall to place the names on the ballots.
Following is Mr.. Zuger's opinion in
full, as set forth in a letter to Secre-
tary Hall:
"You say that the question has
been raised as to whether the candi-
dates of the progressive party of this
state are entitled to go on the official
ballot under a party designation, and
in that connection you call our atten-
ton to section 2 of chapter 222 of the
Laws of 1913, which purports to be an
amendment and re-enactment of Sec
ton II, chapter 100 Of the laws of
1907. You further state that several
methods have been suggested Of ar
irving at the average number Of votes
for candidates required under this
statute.
AS we view it, you need not con-
Germ yourself with the different meth
!. DDS that have been suggested in COM
: putting the average number of votes
required to entitle the party candi-
dates to go on the ballot under a par.
ty designation. Section ~ of chap
ter 100 of the laws of 1907 was held
unconstitutional by the supreme cour,
of this state in the case of State VS.
Hamilton 20 N. D. 592; 129 N. w
916. The court having declared the
law which the 1918 statute attempted
to amend and re-enact absolutely null
and void, we think it follows that
said section 2 of chapter 222 of the
Laws of 1918 is of no effect and the
same a S if it had never been passed
Therefore, it seems to us that there
is no law requiring rs per cent, O
any other average total number O.
votes, etc. Even had the 1913 pro
vision been enacted as a new law an,
not as an amendment and ~re-enact
ment of an unconstitutional law, W,
think it would be of doubtful validity
It seems to US that it is vulnerable t,
the same objections as the law de
clared unconstitutional in the Hamil
ton case, supra.
"And even if the statute should b
held constitutional, it is doubtful
which o fthe several methods of fgu1
ing the average would be approved
On this question the matter is
doubtful one at least, and in such cas-
we think you had better put the can
didates on the ballot in a separat
column under their party designation
If this construction does not NEE
with the approval of persons who ar
entitled to object, they have thei
remedy in the courts.
Yours very truly,
A1f~oI 7.