Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1916-10-13
M'[EAN REMAINS
DEMOCRATIC HEAD
IN NORTH DAKOTA
Petition of D. H. Macarthur for
Removal of State Chairman
Denied.
ELECTION HELD TO HAVE
BEEN CONDUCTED LEGALLY

Fred Mclean remains chairman OF
the Democratic State Central commit.
tee. The petition Of D. H. Macarthur
for an custer on the grounds of irregu-
larities connected with his. election by
the state central committe was denied
in a decision handed down by the su-
preme court at $3.50 last evening.
The opinion, written by Judge A. A.
Bruce, is one of the most volumin.
GUS that has issued from the supreme
court In some time. 1t holds in brief
that the question of the committees
method of naming a chairman is one
for political rather than judicial con.
sideratiOn; that the majority of the
members of political state central
committee has the inherent power to
deposit or elect chairman at any
time, and that the supreme court will
not issue its high prerogative writs in
order to bring about that which vol
untary political action can perform.
Section $50 of the compiled laws of
1913 is held not to make membership
in the state central committee prere-
|quisite to its craftsmanship.
Engerud, Holt and Frame of Fargo
represented Macarthur, and Bangs,
Hamilton & Bangs of Grand Forks
the defendants.
Question Of Proxies.
Macarthur in his petition which EN-.
braced Joseph NJ. Kelley. treasurer, as
we'll as Mclean, set forth that at the
meeting of the Democratic State Gen.
trail committee in Bismarck on Sep
tember 6 there were present 21 mem
bers and twelve proxies, which prox-
les were counted in order to consti-
tute a majority for Mclean and Kelly,
neither of whom, he alleged, we're
members Of the state central commit
tee. The question hinged entirely on
the right of proxies to vote as mem
bers and the right of the members to
name officers from outside the COM
mittee.
Not Public Office.
In denying the writ the court held
that the state Craftsmanship is not
public office; that the members of
the state committee assembled in due
form and that all members who so
desired were present; that no protest
has been received from any member
of the COMMITTEE, but from an outsider,
who, though he may be deeply con-
cerned, had no voice or vote. that if
the results of the meeting were not
satisfactory to a majority. another
meeting could have been held, and the
mistake rectified; that the court
should not be called upon to do what
the majority of the committee still
have power to do.
Membership Unnecessary.
"We are satisfied says the court
"that mem bership in the central com.
mittee is not necessary to it's chair
manship; *** the act of legislature
does not make it necessary" There
is cited the fact that it has been the
almost uniform ruling in the case of
private corporations that the presi-
dent, secretary and treasurer, even
the directors, may be chosen from
persons who are not even stockhold-
ers.
Proxies Generally Used.
''The use Of proxies, in political
bodies, has throughout the history of
the state almost universally prevail
ed, and was recognized by the legisla.
lures of 1890 and 1895 by regulating
but not prohibiting the same. We
must assume therefore that the right
still prevails" says the court.