The Fargo forum and daily republican., 1916-10-13
MLEAN IS
STILL AT
OLDSTAND
Supreme Court Refuses to
Disturb Him From Dem
ocratic Craftsmanship
UP TO The COMMITTEE
Political Performance Does
Not Call for Judicial
Consideration

Fred Mclean Of Fargo, remains
chairman Of the Democratic State
Central committee. The petition of
D. H. Macarthur for an Injunction re-
straining him from acting on the
grounds of Irregularities connected
with his election by the state central
committee. was denied in a decision
handed down by the supreme court at
$50 o'clock last evening.
The opinion, written by Judge A.
A. Bruce, is one of the most volumin-
GUS that has been issued from the SUI
preme court in some time. It holds
in brief that the question of the COM
mittees method of naming a chair
man is one for political rather than
judicial consideration; that the ma
jority of the members Of political
state central committee have the in
herent power to depose or elect a
chairman at any time, and that the
supreme court will not issue its high
prerogatiVe right in order to bring
about that which voluntary political
action can perform. Section 800 OF
the compiled laws Of 1913 is held not
| to make membership in the state CEN
trail committee prerequisite to Its
Craftsmanship.
Question of Proxies
Mr.. Macarthur in his petition which
embraced Joseph M. Kelley, treasurer,
as we'll as Mclean, set forth that at
| the meeting of the Democratic State
| Central committee in Bismarck on
| Sept. 6, there were present twenty-one
| members and twelve proxies, which
| proxies were counted in order to con-
| stitute a majority for Mclean and
| Kelley, neither of whom, he alleged,
were members of the state central
committee. The question hinged en-
tirely on the right of proxies to vote
| as members, and the right of the
members to name officers from out
| side the. committee.
Not Public Office.
| In denying the writ the court held
| that the state Craftsmanship is not a
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 is be-
| ing received from any member Of the
| committee, but from an outsider, who
| though he may be deeply concerned,
! had no voice or vote; that IL the re-
suits of the meeting were not salts
factory to a majority, another meet
| ing could have been held, and the
| mistake. rectified; that the court
/ should not be called upon to do what
j the majority Of the committee still
1 have power to do.
Membership Unnecessary.
1--WE are satisfied" says the court,
"that membership 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 1t has been the al
most uniform ruling in the case OF
private corporations that the presi-
dent, secretary and treasurer, even
the directors, may be chosen from per-
sons who are not even stockholders.
/ Proxies Generally Used.
"The use of proxies, in political
bodies, has throughout the history of
the state almost universally prevailed
and was recognized by the legislatures
of 1890 and 1895 by regulating but not
prohibiting the same. We must as
sumo therefore that the right still pre-
vails," says the court.