Grand Forks herald. [volume] (Grand Forks, N.D.) 1916-1955, 1917-06-27
BALLOT CASE
NOW UP TO THE
SUPREME COURT
Right Of Burtness' Name on
Republican Ballot is
Argued.
Lernke Makes no Argument,
But Hurls Vituperation
at Opponents.

republican district convention held IN
Grand Forks. and John NJ. Baer,
choice Of Townley as car Of the So
cialists Of North Dakota. and of Will
liam Lemke. who became chairman
Of the republican state central COM
mtttee through political thievery of
the organization last year
The court yesterday heard the first ar
guments in the mandamus proceed
ings recently brought against Secre-
tary Of State Hall to compel him to
place the name of Burtness OF the
special election ballot in the republic
can column. Burtness and three 9TH
er republicans had become candidates
by means of petitions. At Grand
Forks last week. however, all agreed
to withdrew and abide by the conven-
but Secretary Of State Hall refused to
designate him on the ballot IS the
choice of the republican party. assert
ing all four names should appear.
without party designation.
Effort was made to quash the pro-
ceedings which resulted in the filing
of supplemental affidavits. most Of the
afternoon being consumed in charges
and counter-charges with the Justices
frequently interrupting the attorneys.
Both sides will submit briefs tomor-
row. A decision Is expected by Thurs
day.
"Old political hacks: discarded, dis
%gruntled politicians. Jerry Bacon,
Treadwell Twichell and Gunder OF.
son. the men who. when they met in
stituted themselves not as the republic
can party but as an a~nti-socialist
union" William Lemke styled the
men who nominated Olger B. Burt
ness for congress in the First district.
These gentlemen" said Lemke, re-
ferring to Judge Spalding and r. M.
Pollock. are not in court as repre-
senting the republican party, but as
the ~anti-socialist union, attempting to
steal the republican party. They are
mere strangers to the republican par
ty machine. coming in here with no
standing whatever"
Political Nondcscripts.
How long since, may I ASK" said
Judge spalding, "has it become a
crime, or inconsistent with the princi-
pies Of the republican party, to be an
ti-socialist? 1 had no intimation that
this political nondescript." referring
to Lemke. was to be here in this case
prepared to reply to him."
Justice Robinson. from the bench.
came to the assistance Of his law
partner with reference to Jud La
Moure and Alex. Mckenzie.
Il am glad you brought their
names in." said Judge Spalding. IT
think I had as much to do with the
overthrow of the old system as a lot
of other men in this court room who
sat with mouths shut, but did nothing,
and then cried out like a lot Of
chumps."
Democratic Socialist.
Abiding to Baer's nomination as
Republican" candidate, he styled the
Fargo cartoonist, Democrat tinctur-
ed with socialism," and declared: mo
member of one party has the right to
be a nominee Of another. This Is es-
sential to the integrity of our institu-
tons.
The meeting which nominated
Baer as a republican was attended by
eight members Of the republican state
central committees executive commit
tee Of fifteen, of whom two had know
ingly. and intelligently, and advisedly
signed the call for the convention in
Grand Forks. The third member who
had signed the call. when he learned
withdrew from the meeting and re-
fused to nave anything to do with the
preposterous effort to foist upon us a
democrat tinctured with socialism"
A Representative" Gathering.
Judge Spalding read an affidavit by
r. ]. Hughes Of Wahpeton. a member
Of the state central executive commit
tee. telling of the Fargo meeting,
where four Of eight attending were
residents of the First district. while
two, the chairman and the treasurer,
were not members Of the state central
committee. Hughes was certain three
Forks convention, and was satisfied a
fourth had done likewise. Lemke's
call to Hughes. calling attention to
the danger of the "old gang selling
the rejuvenated republican party al
so was read.
The afternoon was devoted to ar
guments to determine whether Burt
ness makes the ace individually, or
as q candidate of the republican par
ty; whether Burtness, nominated by
district delegate convention. or Baer,
and later was nominated by Lemke,
and seven members Of the state ex-
ecutive committee, only three from
the First district, is the republican
candidate in the event the caucus
convention system is held legal; and
lastly, whether under the primary
election laws %caucuses and onven
may be held for the nomination
OF party candidates.
Sprung a Surprise.
A surprise vas sprung by Judge
Spalding, representing Burtness, when
he introduced q letter from Lemke
dated April %, to Treadwell L..
Twichell. committeeman, stating
neither the state executive committee
Of fifteen nor the state central COM
of forty-nine had authority to
name q candidate for congress in the
First district. Duty Of committees,
the chairman stated shortly after the
death Of Henry T. Helgesen, was
merely to run the campaign for the
'Lemke. himself" said spalding,
els not a member Of the republican
state central committee. and never
to call q meeting OF tho
of the. First congressional
district"
Bronson for Iemke.
Harry A. Bronson, assistant attor-i
ney general, representing Secretary OF
State Hall. made q point Of the fact
that Burtness had voluntarily procur.
cd the nomination by petition, sikni.
flying his agreement with the opinion
Of the attorney general and the pro-
of the governor. Bronson
claimed that, inasmuch a. Burtneaesss
name already appears through his
own oct In he@individual column, he