Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1916-04-18
SENATOR OR EX-SENATOR.

Attention has been called to law
passed during the 191 session OF the
North Dakota legislature, providing
for an election of senator from the
first district. Senator A. j. McFad-
den, OF this place, was elected in 1914
and the constitution provides that
state senators shall be elected for four
years. Mr. McFTadden has the certifi-
cate of election for a four year term
commencing Jan. lSt, 1918, and as
there has been no constitutional
amendment passed to cause his re-
mOval from office, it seems that he
will be the senator from this district
until December 81, 19lS.-Neche
ChrOnOtype.
Session Laws 1911, Chapter 1856.
"U) The Eastern part of the cOun-
ty of Pembina, now constituting the
first legislative district, shall be add
ed to and become a part OF the second
legislative district. and the said sec
Ond legislative district is hereby re-.
numbered and shall hereafter be, and
become known as the first Legislative
district, and the term Of the senator
from the district so enlarged and re.
numbered shall continue for the per-
iod for which he was elected as sena-
tor or the second legislative district,
and the said first legislative district
shall in November, 1914, elect his sue.
cessOr for term Of but two years,
and the said district consisting Of the
county of Pembina shall be entitled
to one senator and three representa-
tives."
1t was the Pioneer Express that
first called attention to the above law
| which makes Mr.. McFadden's term
only two years. The law itself is per-
fectly clear that the term of the sena.
tor from the first legislative district,
elected in 1914, shall be only two
years 1t may be that under consti-
tutional limitations that the law is no
good, but what the law says is perfect
ly clear and explicit.
We are not arguing the case for or
against Mr.. McFadden. We only call.
ed the attention Of the voters to the
matter because it was news to most
people. If Mr.. McFadden can show
he is senator from this First District
for the succeeding two years the Pho
lection to offer We have no personal
objection to him whatever.
The law as written is little curl
Gus. The reason is that the writer
had several difficulties to overcome
The representation was necessarily to
be cut down. 1t was desirable that
the number First" be retained for
sentimental reasons. Then the sena-
tor from the Second district had still
two more years to serve and it would
not do to legislate him out Of office
But under the rule that all senators
from even numbered districts are ell
ected at one election and all senators
from odd numbered districts are elect.
ed at the subsequent elections, alter
nately, thus making each half hold
overs" consecutively, this transposi.
ton of the senator from the ranks Of
the even-numbered to the ranks OF the
odd numbered made the election of
his successor occur on the wrong year.
TO overcome this difficulties, the
writer of the Statute first buried the
dead body of the old First District in
the grave yard of the Second District
Then he remembered the new district
thus created, as the First" Then m
order that the. senatorial election
might occur at the same time as he
state, he made the term Of the senator
elected in November, 1914, to be only
two years, and in that way everything
would be smOOthed out satisfactorily
TO everyone, but as Mr.. McFadden has