The pioneer express. [volume] (Pembina, Dakota [N.D.]) 1883-1928, 1916-04-14
ing Provisions while still being taken
overland by motor train are also being
shipped through private mercantile firms
by railway.
SENATOR OR EX-SENATOR

Attention has been called to law
passed during the 1911 session of the
North Dakota legislature, providing for
an election of senator from the first
district. Senator A. j. McFadden, of
this place was elected in 1914 and the
constitution provides that state senators
shall be elected for four years. Mr.. Nc.
Fadden has his certificate of election for
four year term commencing Jan 1st,
1915 and as there has been no constitu
tional amendment passed. to cause his
removal from office, it seems that he will
be the senator from this district until
December 81, l9l8-Neche Chronotype.
SESSION LAWS 1911, CHAPTER 156.
(D The Eastern part of the county of
Pemblna, now constituting the firt legis
lative district, shall be added to and be.
come part of the second legislative dis.
trict, and the said second legislative dis
trict is hereby REMEMBERED and shall
hereafter be, and become known as the
first legislative district, and the term of
the senator from the district so enlarged
and REMEMBERED shall continue for the
period for which he was elected as sena-
tor of the second legislative district, and
the SAID first legislative district shall in
November, 1914, elect his successor for a
term OF but two years, and the said dis.
trict consisting of the county of Pembina
shall be entitled to one senator and three
representatives"
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 perfectly clear
that the term of the senator from the
first legislative district, elected inf 1914,
shall be only two years. It may be that
under constitutional mutations that the
law is no good, but what the law says is
perfectly clear and explicit.
We are not arguing the case for or
against Mr.. McFadden. We only called
the attention of the voters to the matter
because 1t was news to most people. If
Mr.. McFadden can show he is senator
from this First District for the succeed
ing two years the Pioneer Express has
not the slightest objection to offer. We
have no personal objection to him what
ever.
The law as written is little curious.
The reason is that the writer had several
difficulties to evercome. The representa-
tion was necessarily to be cut down. It
was desirable that the number ''First"
be retained for sentimental reasons.
Then the senator from the second dis.
trict had still two more years to serve
and it would not do to legislate him out
of Office. But under the rule that all
senasors from even numbered districts
are elected at one election and all sena.
tors from odd numbered districts are
elected at the subsequent elections, al.
ternately, thus making each half "hold
overs" consecutively, this transposition
of the senator from the ranks of the
even-numbered to the ranks of the odd
numbered made the election of his sue
cessor occur on the wrong year.
To overcome these 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 renumbered the new district thus
created, as the "First". Then in order
that the senatorial election might occur
at the same time as the other odd mum.
bored districts of the state, he made the
term of the senator elected in Novem.
Der, 1914, to be only two years, and in
that way everything would be smoothed
out satisfactory to every one, but as Mr..
McFadden has a certificate for four
year term and wants to finish his Job,
there may be q question il the Law. writer
fixed things 80 completely as he thought.
Anyhow we are glad that We don t
have to Hx it up,-and fortunately ve
have supreme court that can fix up
most any old Law, even If they have to
add some patching Of their own.