Grand Forks herald. [volume] (Grand Forks, N.D.) 1916-1955, 1917-07-10
SUPREME COURT
RULES BURTNESS
LEGAL NOMINEE
Decision Says LANCER and
Lernke were Wrong in Hin
dering Special Election.
Australian Ballot Law Ap-
plicable to Special as Well
as to General Elections.

Bismarck, July i0.-On the eve Of
the special election In the First con-
gressional district, the supreme court
last night handed down its opinion in
the mandamus proceedings brought on
behalf of Olger B. Burtness, Republic
can candidate for congress to compel
the secretary Of state to print his
name on the ballot as the Republican
candidate and to withdraw the names
Of Wick, Plain and Cuthbert, the other
Republicans who procured nomina-
tions by individual petitions.
Langer was Wrong.
The opinion holds that Attorney
General LANCER was wrong in ruling
that the old convention system does
not apply to special elections, and
holds the district convention in Grand
made would have been binding but for
the fact that the certificate was not
fled5with the secretary of state 80
days before the election, as required
by the election law. 81 49,
1t also holds that State Chairman
Lemke Of Fargo, acted without auth
ority in calling a. convention of the
executive committee Of Republican
state central committee and attempt
ing to force the nomination Of John
! M. Baer, the Nonpartisan league can
| The supreme court holds Chapter
| 100 Of the session laws Of 1907 pro-
/ viding for nomination at primaries,
does not repeal Section 498 of the Re-
vised Codes Of 1899, nor its cognate
sections authorizing party nominations
for public offices in delegate conven-
tions insofar as the sections are ap-
| plicable to making nominations for Of
fees filled at special elections.
Legislative Intent.
Where the legislature, for the avow-
ed purpose Of securing the perpetua.-
ton of political parties, provides for
the selection Of party candidates for
public office by popular vote and by
express enactment retains as part OF
the machinery the section of the sta
tute authorizing the making of 1ndivi-
dual nominations by groups Of elec-
tors independent Of party Civilization, II
is not to be assumed that the legisla-
ture thereby intended to preclude
party nominations for elections tc
which the primary law Is expressly de,
clared to be inapplicable.
The primary election law authorize:
the direct election Of precinct commit
teemen, directs how the regular party
organization shall be effected, con
templates that all original function.
previously exercised by party commit
IeomOn snail OoVOlV0 upOll COulIIlllIoS
men organized in conformity with pri
mary election law.
Section 974 of the compiled laws o.
1913, which directs the secretary O.
state to certify nominations to count,
auditors not less than thirty days be
fore election is construed as applica
BILE in special elections
Election Called Too Early.
Where a provision contained in on
section Of the chapter, the whole o
which constitutes the Australian bal
lot law, which is applicable to boil
general and special elections. except
provision of the particular section
from applying to special elections ant
where other sections Of the chapte
deal with subjects appropriate for leg
islative regulation of special election
as we'll as general elections, exception
is not to be read into other provision
Of the chapter.
The court ruling finds the onl.