The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1917-06-27
Letter, Written April %, In
troduced in Case Before
Supreme Court
SAID COMMITTEES
WERE POWERLESS
Charges Anti Socialists Back
Burtness-Bronson Aids
Baer Claim

Bismarck, N. D., June 27.-Admis-
sion that neither the state central
committee nor the executive commit
tee had the power to nominate a
candidate for congress was made by
William Lemke, chairman OF the
Republican state central committee
in a letter to Treadwell Twichell
Mapleton, member Of the state COM
mittee, in April. Z.
The letter was introduced by Bur-
leigh f.. Spalding before the supreme
court in the hearing Of the case Of O.
b. Burtness VS.. Thos. Hall, secretary OF
state, involving the form Of ballot
that will be used in the special elec-
ton July 10.
Mr.. Lemke, in the letter, insisted
that neither the state central COM
mittee Of 40 members, nor the execu-
tive committee of IL members, had
the right to call convention to name
a candidate. Mr.. Lemke is now in the
supreme court seeking to establish
that 1t has the power to name party
candidate, and asking that ]. M. Baer,
Nonpartisan candidate for congress,
be given the place in the Republican
column.
Early Decision, Assured.
The supreme court continued the
hearing Of the case till o'clock last
evening. Today, final briefs were
submitted, and decision Is expected
prior to Saturday.
The entire afternoon was given over
to argument which Is to determine
whether Olger B. Burtness of Grand
Forks must make the race for congress
as an individual candidate, or as the
candidate Of the Republican party;
whether Burtness, nominated by a
district delegate convention, or John
M. Baer, who ran on petitions as a
Nonpartisan, but was nominated by
William Lemke and seven members Of
the state executive committee, but
three OF whom were from the First
district, is the Republican candidate,
in the event that the caucus -conven-
ton system is held legal; lastly,
whether under the primary election
laws caucuses and conventions may
be held for the nomination OF party
candidates in special elections.
The first surprise was sprung by
Judge Spalding, representing Burt
ness, when he introduced a letter
written by William Lemke under date
Of April 23 to Treadwell L. Twichell,
committeeman, in which the chairman
stated that neither the state executive
committee Of 16 nor the state central
committee of 40 had. authority to name
a candidate for congress in the First
district. The duty OF these commit
tees, their chairman then stated,
shortly after the death OF Henry T.
Helgesen, was merely to run the cam
paign for their party.
'Lemke, himself" followed up Judge
Spalding, 'is not a member OF the
Republican state central committee,
meeting Of that committee in the First
congressional district.
The District Convention.
.Any member of any party may
call convention and that convention
IL organized by his party becomes
legal" is the stand taken by Judge
Burleigh F.. Spalding, representing
Burtness. I'm the present instance
the convention was called by a dis
trict convention; was recognized by
every one OF the 18 counties, and was
attended by duly elected delegates
from IL of them. It was a formal,
legal delegate convention, represent
ing the win Of the Republicans Of the
First district. To call the committee
meeting held in Fargo last week a
is ridiculous.
I'VE hold there is no question as to
the right to nominate by convention
in special elections where no special
provision Is made in the primary laws.
We contend there is no room for de-
bate on this subject The one ques-
ton is whether Burtness, nominated
by q district delegate convention call
ed in q regular and lawful manner, or
Baer, named by a small representa-
ton of the state central committee
from all parts Of the state shall be
considered the candidate Of the Re-
publican party in the first district.
Anti Socialists, He Says.
Mr.. Lemke, who is seeking to have
his own candidate recognized as the
nominee OF the Republicans, appears
In the case as "a friend OF the court"
'sThese gentlemen" said Mr.. Lemke
referring to Judge Burleigh r. Spald-
ing and Attorney r. M. Pollock, "are
not in court as representing the Re-
publican party, but as the anti-social-
ist union, attempting to steal the Re-
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