Grand Forks daily herald. (Grand Forks, N.D.) 1914-1916, 1914-09-14
BULL M00SERS TO
GET ON TICKET
They Are Assured of Recog-
milton in General Election
Under Decision.
HOLD LAW FIXING
A
Amendment by Legislature
Didn't Fix the Act,
Says Zuger.

Secretary of State Thomas Hall will
certify the names of the Bull Moose
candidates to the ballot this fall, and
they will have their own column.
This Is his decision, since he has
received an opinion from the ONCE
of the attorney general regarding the
rs per cent law.
In 1907 the legislature passed an
act requiring a candidate, in order to
get on the ballot, to receive 30 per
cent of the votes cast for governor,
secretary of state and attorney gem
eral at the election previous. The
constitutionality of this law was ques-
toned and the supreme court held
It void. The legislature at its last SEES
sion passed an amendment TO the law,
making it read 25 per cent. inasmuch
as 1t was claimed hat 80 per cent was
too high. 80
Now the attorney general holds
that inasmuch as the law which was
amended was invalid. the simple fact
that the legislature amended it does
no law on the subject. and Mr.. Zuger
who gives the opinion, advises Mr..
Hall to place the names on the bal
lots.
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 r 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 1922 of the
Laws of 1913. which %purports to be an
amendment and re-enactment of Sec
ton IL. 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-
d 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 IL of chap
ter 100 Of the Laws of 1907 was held
unconstitutional by the supreme court
Of this state in the case of State VS..
Hamilton, 20 N. D. 500; 12s N. w.
GIG. The our having declared the
law which the 1913 statute attempted
to amend and %re-enact absolutely null
and void, we think 1t follows that
said section 2 of chapter 222 Of the
Laws of 1913 is of no effect and the
same as If it had never been passed.
Therefore. 1t seems to us that there
is no law requiring 25 per cent, or
any other average total number OF
votes. etc. Even had the 1913 pro-
vision been enacted as a new law and
not as an amendment n ~re-enact-
ment of an unconstitutional law. we
think it would be of doubtful validity.
1t seems to us that it is vulnerable to
the same objections as the law de-
clared unconstitutional in the Hamil-
ton case, supra.
"And even if the statute should be
held constitutional. 1t is doubtful
which Of the several method. of fgur-
ing the average would be approved,
On this question the matter is a
doubtful one at best. and in such case
we think o had better put the can
didates on the ballot in a separate
column under their party designation
II this construction does not meet
with the approval Of persons who are
entitled to object. they have thei1
remedy in the courts.
Yours very truly,
Alfred Zuger,
: Assistant Attorney General.
Prejudice is the daughter Of ignor.
ance.