Grand Forks herald. [volume] (Grand Forks, N.D.) 1916-1955, 1917-05-28
NAMING CONGRESSIONAL CANDIDATES

In relation to the approaching congressional election
in the First district the difference between the attorney
general and those other attorneys on whose opinion the
call for a Republican nominating convention is based
Is that these other lawyers believe that the convention
general holds that it may not. Nominations. may be
made by petition. of course. We take it that this is
not questioned. Provision was made for Independent
nominations by petition in the old caucus and conven-
ton laws. Similar provision has been included in the
primary election law. And 1t is taken for granted that
whatever other methods may be permissible now, in the
case of this special election, the right to nominate by
petition remains undisturbed for those who wish to avail
Of it.
In the present case the attorney general holds that
nominations may be made only by petition. Others hold
that another method is permissible, and they have under
taken to employ that other method.
In the framing Of all our election laws care has al
ways been taken to preserve intact the principle Of gov
eminent by political parties. It has been expected that
each political party would name one candidate for each
position to be filed, and that at the ensuing election the
contest would not be between the individuals as such,
but between them as representatives of the parties by
which, respectively, they had been named. Where one
member of congress, for instance, was to be elected. each
party was permitted to name one candidate and no
more. The contests for the nominations, when such de-
veloped. were regarded as contests among individual
members of the same party for an honor to be bestowed
by that party. The contests at the final election were
resentatives.
This is the principle which governed under the old
convention system. Care was taken not only to enable
all members Of a party to express Themselves in the
making of nominations, but to exclude from the pro-
cedure all who were not bona fde members Of the party
whose decision was to be Influenced. The primary cleo
ton is the successor of the nominating convention. and
a substitute therefor. It's aim is to accomplish the same
purposes which were sought to be accomplished by the
convention, namely, the nomination by the members Of
a political party Of one candidate for each place to be
filled at the succeeding election. Because it was not
desired that political parties should be recognized in
municipal affairs. municipal elections were specifically
excluded from the operation Of the primary law, and
nominations for municipal positions were required to be
made by petition only.
Is 1t intended that the principle Of government by par
ties. which has been so fully recognized, and which has
been so carefully safeguarded In relation to all regular
a special election is held? The opinion of the attorney
general is based on acceptance Of this doctrine: that of
other attorneys on its rejection.
If Mr.. hangers view is correct, no political party can
nominate a candidate to stand as Its representative at the
July election. The attorney general holds that nomina-
tions shall be by petition only, and that the party desig-
nation Of the candidate may appear after his name.
Obviously, II so many petitions should be circulated.
described as Republicans, and an equal number described
as Democrats. But there can be nominated by the pc
tition method no person who shall be described as THE
candidate Of the Republican. or Of the Democratic party.
The operation of the law providing for the nomination
of party candidates will therefore have been suspended,
to safeguard and perpetuate the principle Of party gov
eminent at all regular elections intended that it should
be abandoned at special elections. That is the ground
on which the attorney general stands.
Those holding the other opinion are proceeding on the
assumption that the legislature intended at all times that
the party principle should receive the same recognition
in special that is given to it in regular elections. They
believe that it was intended. as a matter Of convenience,
that when a special election was to be held, the party
should express itself through the medium Of the con-
vention rather than Of the primary election, and that it
should, as in other cases, present its own single candi-
date as its representative at the approaching election.