Grand Forks herald. [volume] (Grand Forks, N.D.) 1916-1955, 1917-06-28
THE LAW AND THE NOMINATION

Preparatory to the congressional election in the First
district three methods Of nominating candidates have
been followed or attempted. nomination by petition, nom.
inaton by convention. and nomination by the act Of a
political committee.
Concerning nomination by petition there is no ques-
ton. Under all the laws now existing or heretofore ex.
listing in North Dakota provision has been made for the
nomination Of candidates for office on the filing Of a
petition signed by a stated number of individual voters
That method Of nominatio has always 90 nle9al and It.
legality is not questioned now.
All OF the candidates now in the field, together with
those who are not now candidates and whose right TO
withdraw their names is being considered by the su-
preme court, have been nominated by petition. Mr.. Bangs
the Democratic candidate. was selected at 4 conference of
prominent Democrats as the most available man in the
party for the POSITION. and petitions formally nominating
him were filed in the regular way. Mr.. Bangs does not
seek to change the status of his candidacy on the ballot,
and is not a party to the present litigation. H. H. Aaker,
who, for reasons best known to himself, became and re-
mains a candidate, chose the petition method and ad-
heres to 1t. He is not interested in the litigation.
j. M. Baer, late illustrator for Jim Jam Jens. was
chosen as a candidate by Mr.. Townley, and the choice was
obediently ratified by certain members of the Nonparti-
san league called together for that purpose. Mr.. Baer
was nominated by petition, following a ruling by the at
torney general that nominations could be made in no
other manner.
olger q. Burtness. born, reared and educated in this
district. together with several other Republicans who
were tentatively candidates, subject to the decision Of a
delegate convention of the Republicans of the district
which had been called, filed nominating petitions before
the holding Of the convention. as the time for filing pc
titions expired before the convention could be held. and
it was desired that in any case the name of the conven-
TONS choice should appear regularly on the ballot. This
would be essential should the supreme court decide that
nominations may be made only by petition. 1t was the
intent Of Mr.. Burtness and those who acted with him.
however, to ask for the recognition Of the nomination of
the convention as such, in which case the name of Mr..
Burtness would be given a place on the ballot as that OF
the nominee Of the Republican party, which he is.
In anticipation Of a possible adverse decision by the
supreme court, the sponsors Of Mr.. Baer cast an anchor
to windward in the form Of a cooked-up endorsement of
Mr.. Raer by certain members of the Republican execu-
tive committee. an action participated in by only three
men who are residents of the First congressional district.
On the strength Of this, Mr.. Baers attorney demands
that II party nominations are to be recognized, Mr.. Baer
be given the place on the ballot as the Republican nom-
inee.
The supreme court will decide whether or not other
nominations than those by petition are to be recognized,
and, If so, whether the nomination of Mr.. Burtness or
ination.
Unless other nominations than those by petition are
legal the law destroys. in relation to elections to fill va
cancies. that which it has sought industriously to pre-
serve in relation to all other elections. 1t is declared to
be the intent of the primary election law to preserve the
integrity Of political parties. To prohibit the making OF
nominations by political parties. and to require nomina.
tons to be made only by the petition method, which ii
purely individual, would be in direct conflict with tina,
principle. .t 80. ..-
The primary election law was enacted for the pur.
pose Of enabling the voters Of 4 party to act more di
rectly than they could under the convention method ir
making their nominations. II the contention of Lemke
with reference to his alleged executive committee nomi
nation is sustained the principle Of the primary law II
again violated. for a nomination so made is certainly'lesi
direct than one made by a convention of Representative
delegates chosen by the direct action Of all the voters o
the party. In the nomination of Mr.: Burtness by the dis
trict convention there was the most direct action by thu
voters possible short OF the application of the direct PR
mary itself, and this is excluded by it's own specific terms
The logic Of the situation is that Olger B. Burtness ii
%rightfully the nominee, and the only nominte, of Thu
Republicans of the First district for congress.